Think about you may have a real million-dollar thought. You already know, an actual world-changer. What would you do? Throw it on Shopify and begin promoting ASAP? Bury all proof within the woods behind your home? You would possibly need to defend your mental property by getting a US patent.
The patent software course of might be intimidating in its issues. That can assist you navigate the patent course of, we’ll cowl all the things it is advisable find out about the way to patent an thought, together with how patents work, why you must patent an thought, and the drawbacks of the patent course of. Lastly, we’ll stroll you thru the 5 steps to safe your patent.
Desk of Contents
The Cons of Making use of for a Patent
Earlier than You Start: Rent a Specialist
Tips on how to Patent an Thought
How A lot Does It Value to Patent an Thought?
Can You Patent an Thought?
To patent an thought, you should full the US patent software course of, which incorporates proving to a registered patent agent that your thought is modern or totally different sufficient that it deserves patent rights.
Alternatively, in case you solely have an thought and it doesn’t meet some key standards when it comes to its use and originality, then you definately received’t have the ability to get a patent. The USPTO needs individuals who have some distinctive thought to guard to get a patent, not amateurs who need to make a fast buck off a half-baked idea.
Should you’re nonetheless within the “thought” part., your finest wager is to validate your thought and be sure that there’s a marketplace for your corporation. When you’ve developed your thought into one thing extra concrete, you could be prepared for a patent.
Don’t Skip: Incorporating Your Enterprise – The Why and How of It
Why You Want a Patent
Patents defend your concepts as mental property and stop your opponents from having the ability to take your thought and use it for revenue. Patents are awarded for novel improvements (there are 4 classes of patentable materials, which we’ll cowl later) and designed to make sure that innovators can market their improvements and innovations with out being copied.
Why do you want a patent? Take into account the case of Elisha Grey, the inventor of an equipment that would transmit speech electrically—the phone. When Grey’s lawyer bought to the patent workplace, he discovered that the exact same day a person named Alexander Graham Bell—who’d finally discovered AT&T on the again of his useful invention—had patented the identical thought.
Apply for a patent early and keep away from repeating Grey’s mistake. Doing so can defend your future enterprise, make it simpler to someday promote, and even make you ongoing income by way of licensing.
The Cons of Making use of for a Patent
There are some drawbacks to making use of for a patent. The patent course of might be complicated, technical, and tedious. The prices might be excessive (tens of 1000’s), and the method can take years.
Relying on how distinctive your invention is, you could or might not want a patent. You would possibly, for instance, discover that branding and wonderful customer support present a stronger return on funding than submitting a utility patent.
In some instances, submitting a patent can truly enhance your threat of competitors reasonably than lowering it. Within the magnificence trade, manufacturers shrink back from securing patents for merchandise like anti-aging face lotions. They’d be required to reveal the precise components of the product so as to safe the patent, and most firms see this as a higher threat than the potential reward.
Finally, it’s a choice that you’ll have to make based mostly in your trade and invention or product design to find out the prices and advantages.
Alternate options to Patenting an Thought
Should you’re not able to undergo the patent course of but and need short-term protections, listed here are some options to patenting an thought:
What Is a Patent?
Patents are government-granted unique rights that an organization or particular person has over a product. They allow you to revenue from and handle the way in which your product is used, marketed, and offered, however just for a particular time period—usually 20 years.
After the patent interval expires, the safety ends, and the invention belongs to the “public area,” which implies anybody can use the invention as they see match with out worrying about patent infringement.
What Patents Do
Patents defend the mental property of your thought, supplying you with immunity over opponents who might need to revenue from it as effectively. When a competitor violates your mental property, you may implement the suitable use of the patent.
You Can License Patents
The proprietor of a patent can license the patent to 3rd events. The proprietor may also promote the rights to the invention to a 3rd celebration, making it the brand new proprietor of the patent with the identical advantages the unique inventor had.
Patent vs Copyright vs Trademark
Patents, copyrights, and logos are all authorized protections for various types of mental property and totally different makes use of. A patent protects an thought. A trademark refers to a reputation, emblem, or design that distinguishes a sure enterprise from one other. Copyright protects unique works of authorship, like literary, dramatic, musical, and inventive works.
If your organization has a novel course of with a novel title that you just need to defend, you may trademark its title so nobody can copy it. An excellent instance of a trademark can be if we needed to guard the title of our programs, or in case you needed to guard the title of your organization.
Copyrights, in the meantime, act as a patent for the humanities. If you wish to defend your software program code, then copyright might be a good suggestion. In any other case, when you have a marketable product thought, a patent is your solely alternative.
https://www.youtube.com/watch?v=amrB Sn-y4cs&t=5s
US vs. Worldwide Patents
Whereas the ideas simply defined are all just about the identical in all nations, each has its personal patent legal guidelines, which may fluctuate relying on the product, what can qualify for a patent, and the way in which a patent is enforced.
To simplify issues, we’ll focus this text on the patent-filing course of for america. On the finish of this text, you will notice some sources for different nations.
US patents are awarded by the “United States Patent and Trademark Workplace” (USPTO). The USPTO’s purpose is to “grant patents for the safety of innovations and to register logos. It serves the pursuits of inventors and companies with respect to their innovations and company merchandise, and repair identifications.”
The 4 US Patent Sorts
There are 4 various kinds of US patents. To obtain an issued patent, your thought should qualify as one of many following.
1. Utility Patent
Utility patents could also be granted to anybody who invents or discovers a course of, product, machine, “composition of matter,” or any new and helpful enchancment thereof.
2. Design Patent
A design patent could also be granted to anybody who invents a brand new, unique, and decorative design for an article of manufacture.
3. Plant Patent
A plant patent could also be granted to anybody who invents or discovers and asexually reproduces any distinct and new plant selection.
4. Software program Patent
A software program patent could also be granted to anybody who invents a bit of software program
On this information, we’ll stroll you thru the patent-filing course of for utility patents. Should you’re an ecommerce entrepreneur who needs to develop a brand new product, then that is the patent to file.
Tips on how to File an Worldwide Patent
This information is proscribed in scope to US patents. Patent legislation in different nations varies wildly. That can assist you navigate the method, listed here are some sources for different nations:
Earlier than You Start: Rent a Specialist
The patent course of is kind of difficult, and to finish the ultimate step, you want a lawyer. It’s advisable that you just think about hiring a specialist that will help you by way of your utility patent software. The complete patent submitting course of can overextend most individuals, and crucially, a US lawyer must file your patent software.
Even if you’re a lawyer, until you’re skilled with patents, you’ll have a tough time following each process. As Michael Cohen, principal legal professional on the Los Angeles-based agency Cohen IP Legislation, says, “The actually finest [sic] approach to enhance the percentages of approval is by hiring an skilled patent legal professional to organize and oversee the whole strategy of the patent software.”
There are a whole lot of patent legislation specialists in each nation on the earth. Earlier than you begin working in your patent submitting process, begin researching in your space for a patent lawyer (or agency) who may also help you. Remember to ask for some references. You’ll want to communicate with different individuals who have gone by way of your course of to see how that agency helped them file their patent.
Learn extra: Your Information to Product Packaging Design and Technique
Tips on how to Patent an Thought: Step-by-Step Utility Patent Directions
It takes a median of three years to get a utility patent from the start to the tip of the patent. To safe a patent, you should full the patent submitting course of, what can be known as “patent prosecution.” The USPTO does supply expediting providers for added charges and if sure necessities are met, which may dramatically cut back the time interval to about one yr.
Right here’s what to anticipate from the patent course of:
- The preliminary preparation of the patent software might take weeks and even months relying upon the complexity, who’s drafting it, and whether or not the inventor can present enough info to adequately disclose the invention.
- After it’s ready it’s then filed with america Patent and Trademark Workplace (USPTO). The precise submitting is fast and sometimes performed electronically, and you’ll instantly obtain a patent serial quantity which implies the invention is “patent pending.”
- Your software shall be obtained by a patent examiner. This step sometimes takes a yr or extra.
As soon as it’s reviewed, the examiner routinely rejects the applying in what is known as an “workplace motion.” - A response must be made by the applicant or legal professional. In any other case, the applying will turn into deserted.
- It’s widespread to obtain a second or third rejection (bringing the overall course of to round 3 years).
With this primary overview of the patent submitting course of, let’s undergo the precise steps you’ll must take to get a patent in america.
Step 1: Do a Patent Search
Step one in direction of getting a patent is to go looking the United States Patent and Trademark Workplace’s patent database to search out comparable concepts which have already been patented. On their homepage, hover over the “Patents” button and click on on “PatFT.”
You possibly can search the database to search out previous and current patents. Below “Time period 1,” add a time period associated to your product.
The outcomes will seemingly convey many outcomes. It’s finest you strive a number of totally different phrases till you get near your thought. Since there are various ends in there, and lots of received’t be associated to your product, you could need assistance from an knowledgeable that will help you analysis your area. Within the meantime, you may open up current patents, analyzing the descriptions, and most significantly, the photographs that present the product itself.
As you carry in your analysis, be aware of the similarities and variations between your product thought and different patents. Probably, you can see innovations much like yours. If that’s the case, you’ll have to provide you with a superb rationalization for why your invention is healthier than, or at the least totally different, from those that you just discovered.
Step 2: Select Your Patent-Submitting Course of
The patent-filing course of varies based on whether or not you’re submitting for a provisional patent software (PPA) or an everyday patent software (RPA).
A provisional patent software means that you can declare “patent pending” standing for the invention. By itself, such standing isn’t as efficient as having an actual patent behind your thought, however the principle profit is that it requires a lot much less work and cash than an RPA. What’s extra, the standing helps you construct credibility over your product.
The Advantages of a Common Patent Software
Typically, you can be finest served by placing all of your vitality in direction of finishing a stable common patent software. Michael Feigin, a patent legal professional from New Jersey-based Feigin & Fridman, strongly recommends this strategy.
“Submitting for a PPA feels like a price saving to file a provisional patent software, but it surely’s normally not as a result of it means you’re submitting twice. The primary time, you’ll be submitting one thing lower than full, solely to pay your legal professional to do it a second time the precise manner. You possibly can simply file one patent software which is full and full on the outset.
What’s extra, submitting a provisional tends to point out an absence of route or seriousness. There are restricted circumstances the place they’re helpful (e.g. you need to get one thing filed earlier than it’s important to make a public disclosure and there isn’t a lot time) however I usually don’t advocate them.”
The Advantages of a Provisional Patent Software
An everyday patent software, then again, comes with a barrage of submitting necessities, which I’ll clarify in Step 5. Some specialists advocate beginning with a provisional patent software whilst you work in your common patent software. Stephen Kay, who has patented over 20 concepts, recommends this as a result of:
- Provisional patent functions are cheaper to file.
- You defend your thought for 12 months.
- You possibly can check the thought out there.
- You should have time to organize your paperwork and enhance your “pitch” to the USPTO.
To file for a provisional patent software, it is advisable:
- Pay the patent price, which ranges from $65 for “micro-entities” to $130 for small entities to $260 for big firms (extra info on these classes right here).
- Present an in depth description of the invention.
- Clarify the way to use the invention/product.
- Present an off-the-cuff drawing.
Step 3: Make Positive Your Patent Thought Is Eligible
As excited as you could be about your thought, only some sorts truly qualify for a patent.
The patent statute 35 USC 101 tells us {that a} patent might be given to any “new and helpful course of, machine, manufacture, or composition of matter, or any new and helpful enchancment thereof is eligible for patent safety.”
Meaning, your thought have to be:
- Helpful
- Novel
- Non-obvious
Helpful
In keeping with US legislation, “Helpful refers back to the situation that the subject material has a helpful goal and likewise consists of operativeness, that’s, a machine which won’t function to carry out the meant goal wouldn’t be known as helpful, and subsequently wouldn’t be granted a patent. ”
In case your thought can’t show to be helpful, whether or not meaning it makes your buyer’s life simpler, sooner, cheaper, or brings any sort of tangible consequence, you may’t patent it.
Novel
Novel principally means nobody has ever patented earlier than. Because the statute goes:
” An invention can’t be patented if:
- The claimed invention was patented, described in a printed publication, or in public use, on sale, or in any other case obtainable to the general public earlier than the efficient submitting date of the claimed invention” or
- The claimed invention was described in a patent issued or in an software for patent revealed or deemed revealed , during which the patent or software, because the case could also be, names one other inventor and was successfully filed earlier than the efficient submitting date of the claimed invention. “
In case your thought has existed earlier than or has been patented, you may’t patent it. For instance, you couldn’t patent a cappuccino or a frappuccino as a result of, within the former case, they’ve existed for a very long time, and within the latter case, as a result of they exist already and have been patented .
Non-Apparent
Non-obvious implies that it may’t be “an oral presentation at a scientific assembly, an illustration at a commerce present, a lecture or speech, an announcement made on a radio speak present, a YouTube™ video, or an internet site or different on-line materials .”
Meaning you may patent something that’s actual—a weblog publish or a Powerpoint presentation that mentions your thought can’t be patented. As a rule of thumb, the extra helpful, novel, and non-obvious your thought is, the upper the probability of being patentable.
Step 4: Submit the Patent Software
A whole common patent software (RPA) ought to comprise the weather listed beneath:
- A patent software type
- The suitable patent charges
- An software information sheet (see 37 CFR § 1.76)
- The product’s specs
- Drawings (when needed)
- An executed oath or declaration (extra info in right here)
Principally, you need to describe your invention and spotlight its benefits with essentially the most quantity of element you may. You need to clarify how your thought fills a market want.
As you may see, that features gathering and submitting quite a lot of documentation, so you’ll want to meticulously monitor your progress and save any drawings, specs, modifications, concepts, and so on., and collect them as much as strengthen your case.
Step 5: Anticipate the Patent
After you file your software, don’t anticipate a fast response from the USPTO. It might take a yr or longer earlier than you hear again, particularly if there are different innovations much like yours.
While you do obtain a response, it almost definitely received’t be an approval. A typical motive for denial shall be that your thought has an excessive amount of in widespread with earlier innovations. Possibly they’ll think about it’s not as helpful nor novel or that you just didn’t describe it with sufficient element.
Regardless of the case, whenever you get a denial, your legal professional should work with you to handle the problem at hand and resubmit the patent a second (or third) time.
How A lot Does It Value to Patent an Thought?
The patent submitting charges can vary between $75 for “micro-entities,” which I discussed earlier than, to $10,000 for sure submissions. To that, it is advisable add:
- Patent search charges
- Analysis charges
- Examination
- Put up-allowances charges
An in depth USPTO’s charges checklist might be discovered right here. What’s extra, it is advisable embrace your legal professional’s charges, which may shortly rise to the tens of 1000’s or extra.
Total, when you have a one-member company or one with few folks in it, you may anticipate to pay the smaller spectrum of the charges, which may go as much as $300. However in case you add all the opposite prices I’ve simply talked about, the overall prices can go as much as $5,000 or extra.
It’s exhausting to say beforehand what these prices shall be; it’s finest you speak to individuals who have patented concepts already or speak with a patent legal professional to allow them to provide you with a greater estimation. Given these prices, an entrepreneur might ponder whether it is sensible to pay for such an costly process. Cohen says,
“The ROI shouldn’t be a one measurement suits all reply. In some instances, relying upon the trade and the invention, the ROI of the patent could also be roughly than in others. For instance, with most startup firms, a patent software shall be needed not just for future enforcement causes, but in addition as a prerequisite for many traders of their analysis of the worth of the invention. On the finish of the day, the choice to bear the prices of the patent must be critically considered earlier than you determine to begin the submitting course of.”
Tips on how to Implement Your Patent
You probably have discovered somebody is utilizing your product-or the thought behind it-without your consent, you can begin with a cease-and-desist letter. If the one who’s violating your patent doesn’t cease, you’ll have to open a patent infringement case. As a result of patent infringement isn’t a criminal offense, you’ll have to begin a civil lawsuit in a federal civil courtroom.
You’d be the “plaintiff,” and the infringer can be the “defendant.” As a plaintiff in a patent case, you’ll rent a patent litigator to characterize you. Your patent lawyer received’t have the ability that will help you as they solely work on submitting, not implementing.
Identical to your patent submission, a patent infringement case might be prolonged and costly. The excellent news is you can make your a reimbursement from the cash invested in creating and patenting your product.
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Why Go By the Patent Course of?
Should you imagine the licensing of your thought is definitely worth the cash, or in case your buyer analysis has proven you folks desperately want your product, submitting a patent might be a good suggestion.
Alternatively, in case you’re getting the patent to point out off or get some social proof behind your model, it’s in all probability not the most effective resolution.
Are you excited about submitting a patent and beginning a enterprise? Discover our free coaching collection for an all-access cross to all the things it is advisable begin and scale your corporation from scratch.
