How to Get a Patent
A patent will only be granted if:
- Something that is new and hasn’t been disclosed.
- Can be seen as inventive and not apparent to a professional of the technology.
- Can be applied industrially. In other words, it must be physically possible to produce.
Before you decide to start the process. There are a few things you should consider first.
Do you actually think that the patent is necessary? Perhaps a combination of other IPR forms will give your idea enough protection? Ask yourself – Do I want a patent just for the bragging rights to my name and not because it is commercially necessary?
Have you estimated the full cost of the patenting process including annual renewal fees? Will the invention give you enough profit to justify this cost? Generally speaking, it is not recommended to file for a patent until you have entirely researched the earnings potential of the idea. So make sure you do all of the first before worrying about how to get a patent.
Are you ready to start the application process? The application will start a process which can’t be interrupted or delayed. You have to decide if you should apply for the patent early or wait until the invention is ready for the market so you can cover the IPR costs quicker. Waiting is sometimes better than rushing into the process, but circumstances are not always the same so it is always recommended to talk to a patent attorney for advice on getting a patent.
It is important to consider that your invention is something that will have a long term product life. This is because is can take three to four years for the entire patenting process. Your patent may not be worth much at all if you are entering a competitive market where products are always evolving and being replaced.
Will your patent be able to stand against legal challenges? To evaluate the strength of your claims, you should seek a patent attorney’s advice. This is really important because you want to make sure you don’t leave room for competition to copy a successful idea.
You should know that the patent application process has strict timescales and deadlines that are set in stone. It is best to take your time and make sure everything is done properly. To ensure that your patent is going to be effective you need to:
Gain knowledge about the application process in good detail.
Make a plan to strategically apply. (Strategy outlined below.)
Make sure you use a patenting attorney. You will most likely make mistakes if you choose to do everything on your own. It’s not worth the risk.
Selecting your path for a patent application is determined by:
- The invention idea
- The business plan you have in mind.
- How much money you have at your disposal.
- The target market
- The most likely sources of competing products.
Use a patent attorney so you can be sure to make the best plan of action for your idea.
Step 1 – Starting the procedure
Your patent attorney will need to give you information on:
Requesting your patent
The details of your invention idea.
Sketches (if needed).
It is important to work closely with your patent attorney in order to ensure all of the information is prepared. One of the best tips when pursuing a patent is to be aware that you don’t know what’s best just because it is your patent and idea. As said previously, you must have faith in a patent attorneys skill on doing the job correctly and having the knowledge since the process involves complicated laws. For example, the claims will require to be drafted with expertise since it is the most important part of the patent.