MightyRecruiterIf you have developed a new invention, consider whether you should file for a patent. Of course, this is not a small decision. First, you should try to determine whether your invention even qualifies to be patented. Then, there are many considerations to make for whether it would be most beneficial to have a patent. This is a decision you must make for yourself, but this short guide may help you get a better idea of what to consider when making your decision.
What Does a Patent Do?
At its heart, a patent is a guarantee that you alone own an idea. If you file a patent for a concept, no one else can produce, sell, and market anything too similar. If you are worried it may damage your ability to sell your own product, the only legal way you can tell others to stop is if you have a patent. It is important, however, to remember that U.S. patents are only valid in the United States. You cannot stop people in other countries from using your idea, but your patent does protect you from knockoffs being imported.
There are three kinds of patents:
- Utility – The most common type of patent and likely what you normally think of when thinking about “patents.” Utility patents cover the function of inventions.
- Design – It is also possible to claim ownership of the ornamental design of a product. This is likely only necessary if the aesthetics are vital to the operation or function of a product.
- Plant – Finally, there is one more category specifically for botanical innovations.
Is Your Invention Patentable?
If you are committed to filing a patent for your invention, you must first determine whether it qualifies to have a patent. To be patentable, your product must not already exist. Essentially, if a patent has already been filed, you cannot take claim over a product. Your invention cannot have already been used or known in the United States or described in a printed publication anywhere in the world. Additionally, your invention must be sufficiently different from all existing products. Officially, the innovations your product has over existing products must be non-obvious to someone with ordinary skill in the area or technological field relevant to the invention. This means that a new color, size, or aesthetic flair cannot justify a new patent. Finally, a new patentable product must be considered “useful” and “operable”, meaning it can be used to perform a purpose. If all these requirements are met, your patent will likely not be rejected from the United States Patent and Trademark Office.
Is a Patent Necessary?
Your new invention may qualify to have a patent filed, but you should also take the time to decide whether you actually want to patent it. If you have big plans for mass production or are serious about dedicating a significant part of your life pursuing the production of your invention, a patent will likely be necessary. If you are casually considering selling your product on the side, you might not need or want a patent. Remember that a patent is not required to sell a product, simply to keep others from selling it. It is very unlikely you will have enough competition in your local area to threaten your sales.
If you are planning a major business, a patent may make more sense, but it is still wise to wait to file. The process of acquiring a patent takes multiple years and usually costs at least $5,000. Because a patent is not required to sell a product, it makes sense to judge marketability before making this investment. If it looks like it has the potential to take off, file a patent. It is very unlikely that anyone else will patent your idea by coincidence before you can. Of course, if your invention starts to gain notoriety, someone might try to claim the patent for him or herself, so you should file before reaching that point. A patent agent or registered patent attorney can help you make these decisions.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.