5 Things To Think About When You Get A Patent
You have come up with an incredible idea and now you want to patent it. Do you know the steps that need to be followed to get a patent? Here is a guide that will help so that patent filing process goes as smoothly as possible for you.
1) A patent search is going to be the first step in obtaining a patent for your invention. This is a very important step since this will see if there have ever been other patents filed for your invention. This includes ones that are very similar even if they are not exactly the same.
Should you find that there is one you will need to head back to the drawing board and invent something new. This will help ensure you don’t end up in legal trouble being charged with infringement by the owner of the patent.
2) If you do not find a similar product, you can go ahead and fill out the application to get a patent for your invention. This is somewhat complicated and you may need help.
To start with you will need to write an overview of your invention, you will need to include actual drawings of your invention. You will also need to explain what it is you are patenting and why you want a patent for the invention. This step is as important as the first, should you not fill this part out correctly it could lead to trouble down the road or things could be misread.
While you are filing out the paperwork you can apply for a provisional patent which allows you to mark your invention as having a patent pending. The provisional patent doesn’t require the formal explanation that the patent application requires. It is good for one year. You can also apply for a utility patent prior to the expiration of your provisional patent which will keep the patent pending status on your invention until you get the final decision from the patent board.
3. Perhaps the hardest part of the process is waiting to hear from the patent office after you file. This can take anywhere from 14 months to 2 years and once it finally comes back, should the application be rejected you may be asked to make corrections on a part of the application. This requires you to re-file and again wait.
4. Once the application is approved you can file for the patent. This part does not take as long but is very important that you make sure everything is in order from beginning to end. Then you will get an approval letter from the examiner and you will be on your way.
5. The next step is the publication and this takes place within 18 months. Then all you will have to do is decide whether or not you are going to do the marketing and production or if you will find a patent services company to do it for you.
Making sure that your invention is worth the time and effort to seek a patent can save you a lot of money. By the time the patent is approved you will have spent anywhere from $5000 to $10000. You have the long waiting period and then once you are approved you have the expense of marketing and producing your invention if you chose not to sell the patent.
Once you are granted a patent you are going to need to pay the patent issue fee. This fee pays for the first few years that the patent is in effect, and you as the inventor will also need to pay the maintenance fees to prevent that patent from becoming void.
You may think that you can obtain a patent without the help of an patent attorney, but there are legal aspects that you are going to need to be knowledgeable about. The steps are pretty self explanatory, it is the wording of your application that will dictate the strength of your patent and whether or not it will be challenged by a competitor. If the patent gets issued and the wording was not precise and concise it will be you that learns a valuable and expensive lesson as to why you should have allowed professionals to help you.
Hopefully this guide will help you if you have an invention you want to get a patent for and are considering the ways of doing so. Best of Luck!
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