Patent Step-By-Step Guide to Getting

¶ … Patent Step-by-Step Guide to Getting a Patent Organize all ideas, notes, drawings in a presentable order so that they are all available at your disposal for the rest of the steps. When everything is unorganized, it may be hard to keep track of all the needed materials as the process becomes more complicated. Organizing all notes helps secure that everything needed for the patent is there and in an easily accessible format.

Conduct a thorough search to look for similar inventions to ensure that you are not going to be rejected for a patent based on too similar of a design to an existing product, design, or technology. It is important to know what has already been patented so that one does waste time working on a patent that will be rejected. However, if there are similar inventions, this does not mean it is the end of the road.

A design or product might be improved on and the patent one is currently working on could provide a better design. If this is the case, one would need to really spell out and specify what is unique about the new design and how it can improve existing products or technologies. 3. After this, the next step is to decide the type of patent one would need to file.

There are a number of patents to choose from, and it is important to choose the one most appropriate for the design or product in question. According to the United States Patent and Trademark office, a utility patent "may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matters, or any new useful improvement thereof" (U.S. Patent and Trademark Office 2013). Thus, utility patents are appropriate for individuals who want to begin manufacturing the product right away.

Design patents are for "new, original, and ornamental design for an article of manufacture" and are more geared protecting ownership of the design that is not going to actually be manufactured right away (U.S. Patent and Trademark Office 2013). These are useful when a design has been crafted but the individual cannot begin manufacturing just yet. Finally, there is a plant patent, which deals with the breeding or hybridization of a new plant species (Clayton 2012). 4. The next step is to decide whether to file a provisional or non-provisional utility patent.

A provisional patent is useful to trademark the idea and to give the individual a period of one year to file a non-provisional patent which secures the design. Thus, if someone has an idea but has not yet worked out all the details, a non-provisional patent is appropriate. If the individual already has the design in certainty, a non-provisional patent guarantees the trademark rights right away. 5.

The next step is to make a model or other type of drawing or presentation that thoroughly explains and outlines the details and functions of the product being patented. It is important to be very detailed, as these drawings will serve as the basis of what is protected. Moreover, it is important to understand the consumer base, present the model with them before solidifying with a patent. This will give the individual a chance to revise as necessary. 6. Next is the actual filling out of the patent application.

In this step, one needs to carefully follow all instructions on the patent application as to ensure reliability. In this application, the individual should include a description of "prior art," which are all earlier inventions that are relevant to the current invention up for patent. Then, there needs to be a concise, but detailed description of the product up for patent, including its parts and processes.

This is then followed by the "preferred embodiment" of the invention, where the individual must describe how the idea will come to fruition in an actual product or process. Then, claims are needed to further outline the legal description of the invention. All claims the product will make must be.