MightyRecruiterIn order to protect an invention, people will seek out a patent so that no one steals it and profits from their creation. Protecting what is yours entails going through the patent application process, which involves filing paperwork with the Patent and Trademark Office. It is important to familiarize yourself with the process so that you are ready for anything that comes your way and that you do not become disheartened when the process takes a little while.
Steps for Filing a Patent
Patents are in place to encourage inventors to create new items for the public to enjoy. The inventor gets to enjoy the prestige of being associated with a new item, and the inventor gets to reap the financial rewards of such a process. If you want to profit from your new invention, then you need to abide by the patent process, which involves the following steps.
- Step 1: Record every step of your process. This is a point to bear in mind while you are still creating whatever your invention is. You need to record, diagram and thoroughly describe every aspect of inventing this new thing. Depending on what exactly your invention is, you may have a prototype you need to test out. Have witnesses at each test, and make sure you write down the dates.
- Step 2: Ensure qualifications for patent protection. You cannot patent something that already exists, and in order to file a patent, you cannot simply have an idea for something. It needs to actually exist, and you need to be able to prove that it works effectively. This also involves assessing what commercial potential your invention has and if it has the potential to be successful in the marketplace.
- Step 3: Search for other patents. Before filling out an application, you need to do a comprehensive search to make sure your invention does not already exist and have a patent on it. You can certainly browse online to find similar patents. However, in order to be absolutely certain your invention does not already exist, you should also go to a Patent and Trademark Depository Library. There may be inventions that are similar to yours, and you need to show how your invention is different or is an improvement on existing inventions.
- Step 4: File the application. Once you have done all your research, you are ready to file an application. You can get a regular patent application or a provisional patent application. A regular one starts the process of getting the patent. A provisional application means you are filing for patent pending status. It is cheaper to file a provisional one, but you must file for the regular application within a year of filing for provisional status.
As you are filling out your application, make sure to be as detailed as possible. If you are too vague with your invention description, then it may not qualify.
Can You File a Patent on Your Own?
Filling out a patent application is incredibly intricate. Therefore, many people wonder if they need to get a professional to help them with it. It is entirely possible to fill out an application on your own, but you can hire a patent attorney to assist you with the process. While you will need to pay the attorney a given fee, it is a good way to ensure that everything is filled out accurately. Hiring an attorney is also a good way to save time because filing a patent takes up a lot of time you may not have. Again, it is not mandatory to hire an attorney, but it is one option to consider.
As soon as you have your invention, you should file a patent right away to protect what you have created. It is a detailed process, but the benefits are well worth it.
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.