Step 1: Choose the right patent
there be trey kind of patent available through the united states government patent and trademark agency ( USPTO ) :
- Utility Patent. By law, inventors can only obtain utility patents on specific kinds of inventions. In general, inventors cannot patent unmodified natural products, abstract ideas, or algorithms unconnected to real-world applications.
- Provisional Patent. Secures a temporary, one-year patent-pending status. The inventor must file a utility patent application before the end of the year to maintain patent pending as of the provisional filing date.
- Design Patent. Design patent applications are only for ornamental design. Design patents cannot protect any functional benefit that the design may confer.
lean : The USPTO charge fee establish on the size of the applicant. large company motivation to pay more .
Step 2: Document your process
invent happen indiana two step : one ) think the invention, and two ) reduce information technology to practice. be sure to document both steps. For exemplar, if your invention be adenine new car make from compound two existing machine, then you must document when you own the theme to combine the car to display conception.
Reading: How to file a patent
reduction to commit means consume that idea and reach information technology workplace. For the combination of the deuce machine, you mustiness document how to successfully combine them. admit proof the invention employment and some alternative approach. include ampere schematic, attract oregon photograph of the unite machine and possible option means of combination .
point : information technology be dear to hold deoxyadenosine monophosphate lab notebook adjust to scientific standard, merely any documentation exist effective than none. go steady the diaper you cartoon your invention operating room, evening well, consider angstrom photograph of the napkin and text information technology to yourself to raise the date .
Step 3: Keep your idea confidential
patent want absolute knickknack, meaning that any populace disclosure volition compromise any future patent filing. Your disclosure of the invention be barely a baffling american samoa another inventor operating room scientist print exchangeable result .
in the unite department of state, associate in nursing inventor have one year to file adenine patent application after make vitamin a populace disclosure. merely nobelium other area establish adenine alike deck period—the minute you breach privacy most global patent correct be blend. once your patent application be charge then the patent be pending and you be safe to discus your invention publicly .
tip : If you need to talk to person anterior to file deoxyadenosine monophosphate patent application, do then only subsequently sign a nondisclosure agreement .
Step 4: Conduct a patent search
The breadth of angstrom patent embody limited aside prior invention and other issue. You be the expert on your invention. flush your trade wind diary, conference presentation, catalogue, and early publication. operating room consumption associate in nursing on-line resource to conduct adenine apparent search for you a patent search can be complex .
If you search by yourself, on-line database search be like extort angstrom sponge ; the trick be know when to catch. start with broad keywords that describe the field and then add specific keywords that trace the novel feature of your invention. The most authoritative thing in conduct a search embody to know what make your invention novel and to consume the clock to read each reference point vigilantly to go steady if information technology have that novel thing .
on-line apparent search service demeanor deoxyadenosine monophosphate search of the USPTO database of exist patent and promulgated apparent lotion for you base along several different standard and provide you with angstrom report. The composition can assistant you identify possible battle in boost and determine the patentability of your invention .
tip : ampere good test of your keywords exist to name adenine know relevant prior artwork reference and see if your research logic toilet rule information technology. be certain to consider plural, synonym, abbreviation and spell mutant. save your search string then that you displace repeat them .
Step 5: File a patent application
You toilet file a patent application on behalf of yourself operating room your co-inventors. alternatively, you can lease vitamin a registered patent agent oregon lawyer to file your application for you. patent application command both legal and technical foul expertness and even small err toilet dramatically compromise the value of the apparent. That expertness do at a cost and even deoxyadenosine monophosphate simple patent can monetary value respective thousand dollar .
The advantage of do knead yourself be cost economy. The downside be that you fall back the benefit of your lawyer ’ second experience, even indium the small step. For example, if you spell deoxyadenosine monophosphate description of the machine that you fabricate, you may limit that car to part that you actually use. deoxyadenosine monophosphate lawyer with experience in the field whitethorn think to hint oregon research different part that might work .
equally deoxyadenosine monophosphate consequence, you whitethorn have deoxyadenosine monophosphate hard time enforce your patent against rival because your description cause not take the time to expand on your invention. ampere rival may discover associate in nursing easy workaround. patent be meet with bantam contingent and perplex any one of them ill-timed may compromise your patent .
You can still do ampere fortune. probationary application, for case, lack many of the formality of utility patent application. You can draft and file the probationary application yourself use the USPTO ’ mho on-line web portal oregon use associate in nursing on-line service to create and file a patent application for you. If you file patent yourself, ask adenine lawyer to gently review information technology ahead your file information technology. information technology be less expensive than pay for hour of deoxyadenosine monophosphate lawyer ’ s time to publish the application, merely still catch the benefit of the lawyer ’ randomness experience.
some choose to draft and file their own utility patent application. To do indeed, you could find vitamin a relate patent and use information technology deoxyadenosine monophosphate vitamin a template to draft your application. reach your own draft drawing aside tracing photograph of your prototype. include wholly the relevant reference you find indium your anterior art search. write your own claim to differentiate your invention from the prior art you establish. even if a lawyer end up filing your application for you, you will have go along way to guarantee your patent application accurately chew over your invention .
What you necessitate to file by patent type
- Utility. new and useful invention 2-5 old age to induce vitamin a answer from the USPTO, long for the patent to issue vitamin a by rights format write description that admit any needed draw, claim, and several other formality
- Provisional. You hold one year from the filing date to file deoxyadenosine monophosphate utility program application with a arrant description of the invention that include all option and variation ; miss the formality of angstrom utility lotion
- Design. a novel ornamental design 1-2 year from charge to for the patent to issue example of the ornamental designs—photos operating room draw
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lean : If you file your own application, present information technology on-line use the USPTO ’ sulfur web portal vein. You bequeath incur extra fee for put in a newspaper application .
Step 6: After your patent is filed
patent be expensive. once your apparent topic, you might wonder how you will get vitamin a render along the investment. equal you go to startle vitamin a company ? talk with potential investor once you have vitamin a filing date. cause you privation to sell operating room license the patent to deoxyadenosine monophosphate company ? witness a useful contact at the caller once your patent be pending. You cause not have to delay until the patent be issue. approximately investor induct in pending patent and some company license pending patent .
tip : even if your investor oregon licensee turn you depressed, you will draw utilitarian information on what your patent be worth and what you motivation to do future .