Steps for Patenting an Idea
In the US, a patent is a measure taken by someone who wants to prevent others from producing and selling the item within the US. This also includes importing a patented item into the US.
Become Eligible for a Patent
Patents allow someone to be the sole owner of an idea. In order to patent your idea, you have to more than just having the idea in your head, you have to actually make it a physical reality first. In other words you have to have a marketable product to show.
After you have made your idea into a prototype, you will be ready to move into the process of patenting. The first step to take is one that is often in disagreement among attorneys. Some recommend you to begin producing and developing your product, others say you should have it documented. It is highly recommended to seek the advice of an attorney once you have the finished product. The reason for this is because it may take just a few prototypes, or several hundred, the only way to be sure is to get proper advice from an attorney.
One of the most important parts of how to patent an idea is the disclosure of your idea. In the US, you have a one year deadline for the invention to be patented once you have disclosed the idea publicly or privately. It does not matter whether the product has been invented yet. A disclosure might include a sale offer of the product before it is invented.If the one year period expires, then you will lose the patent rights automatically. It is recommended for applicants to file as soon as possible.
Importance of an Attorney
Patent attorneys make a few suggestions when first approached by innovators.
Once you have proceeded with the patent application, your attorney is responsible for drafting this important document. If you decide to draft the application on your own, it may be deem the invention useless. This is because there are rules that need to be followed in the patent application process which is best to be left for the patent attorney to handle. The patent attorney will work closely with you before filing the application. The reason for this is because all possible variations of the invention must be considered and factored into the application. When the application is nearly ready for submission, your signature will be required on many papers. The patenting office will also need to settle different fee payments which take a long time to receive a response.
Online patenting is not very difficult. In fact, patenting an idea has never been easier and faster. The internet has made the process much easier thanks to the amount of information that is available, as well as how easy it is to research for similar patents, and also fining a patent lawyer to help you with the entire process. There are a number of different sites that you can file a patent online. This will help make things much more convenient to secure the patent and get the process started.
The first thing you need to do if you want to use an online patenting service is to research your idea or invention and determine if there are any existing patents that are similar. There are a a few different types of validity searches: licensing searches, patentability searches, infringement, and so on. There are sites that can do a fast examination thanks to gigantic databases.
The next step is to decide if you want the help of a patent lawyer for advise on the processes of patenting that you don’t understand. They will also have advice on issues that haven’t crossed your mind. Patent lawyers are experts in the area and will understand the circumstances that a new inventor can find themselves in and things they have not considered or known. Patenting services on the internet typically will have a selection of lawyers they work with in special areas, usually they can refer you to one who will be able to help you best.
The application itself is a complex legal document and it is highly recommended to get help from a patent lawyer to ensure that everything is done correctly. There are 3 different types of patents:
- Utility patent
- Design Patent
- Plant Patent
Utility patent itself has provisional and non provisional types.
Online patent services are there to get you with a patent attorney and help speed up the process. To get the job done, you simply need to get the ball rolling by going to an online patenting service for guidance.