- Learn How to Patent an Invention - Angela N
Designing a new and useful process, machine, or even a new variety of plant is not a passive act. In fact, it takes a lot of hard work, and in some cases, years of research and development. In order to protect this work, an inventor must know how to patent an invention. Filing a patent grants the creator exclusive right to make, use, or sell their invention within the United States for a period of time. While the patent filing process itself is tedious, it is essential in cases of an invention with commercial value.
The First Step of Patent Filing
The first step of the patent filing process is making sure an invention is patent worthy. What makes a device or process patentable? The United States Patent and Trademark Office (USPTO) accepts one of the following:
- Process
- Machine
- Composition of any form of matter
- Article that has been manufactured
- Any significant improvement of an existing process, machine, manufactured piece, or composition
- Ornamental design for an article of manufacture (design patent)
- A distinct new plant variety, either invented or discovered (plant patent)
Once an invention has been made, is it time to go ahead and apply for a patent? Not yet. Something is patentable if it is original and practical. It is only possible to patent an invention that is "new, non-obvious, and useful." Something that is interesting, or that has artistic value but no purpose, is not likely to be granted a patent. Decide if an invention meets these criteria before taking on a time-consuming or expensive patent search.
How to Search Before Filing a Patent for an Invention
The next important step is conducting a patent search. Before filing a patent, it is important to make sure that no protected creative works are the same or similar to the invention. This is because something that has already been done, even if the inventor is unaware of the previous invention, can conflict with a new invention.
Searching is a time consuming process. A thorough investigation of all former public disclosures in the United States and abroad should be done. The easiest way to do this is to hire a registered attorney. This can be very expensive. There are free resources for doing a search without legal assistance. A preliminary search can be done online through the U.S. Patent and Trademark Office. If no obvious conflicts are found here, contact the Patent and Trademark Depository Library to talk to a search expert about developing a strategy. The McKinney Engineering Library is another excellent resource that offers an extensive guide to patent searching, with in-depth tutorials as well as foundational information on patent law.
Why go through so much trouble before filling out a patent application? Because the filing fee is non-refundable. This means an author may apply, pay money, and still be turned down. It is much easier to know ahead of time that a work has no chance of being accepted.
The Patent Application
After finding out if an invention can be patented, it is time to apply by filling out and submitting a patent application. This step is fortunately not as tedious as the patent search, but it is still not easy. It is important to take the time to properly fill out each part of the application. Read over everything carefully, and make sure all relevant information is included and explained. Include detailed explanations, descriptions, and possibly even drawings of the invention. There is also an official declaration that must signed by the inventor.
What is the easiest way how to patent an invention? Talk to an experienced attorney. It will of course cost money, but the professional help may turn out to be invaluable. To prevent a lawyer from spending hours of their time (which can be quite expensive) on the patent filing process, do as much as possible beforehand. Fill out the application initially, and then have it reviewed by a patent lawyer.
Is the Patent Filing Process Worth It?
While copyrighting a creative work is relatively easy and inexpensive, patenting an invention is a much more demanding process that many inventors are not aware of beforehand. Applying for a patent takes time and money. Once a patent is granted it only lasts for a set period of time. Utility and plant patents are in effect for twenty years after the date of first application; design patents last for fourteen years after being granted. During that period of time, more fees must be paid to the USPTO to maintain the patent (design patents do not require maintenance fees.) While an extremely useful and original invention may certainly become lucrative for the inventor, not all inventions are worth the cost of applying for and maintaining patent protection.
Evaluate, investigate, and research before beginning the patent process. Know that a constructive creation is patentable, completely new, and worth the effort.
Brenna Coleman - Brenna is a freelance writer, mother and student of astrology. Like many writers, she has an array of interests with natural healing, the ...
