When you secure a patent, this is a major milestone for any inventor. This protects your invention, gives you a competitive edge, and can open doors to commercial success.
However, the patent process can seem like a maze if this is your first time. You will need to navigate unfamiliar legal terms, deadlines, and paperwork. And it can be confusing to get everything right.
We are here to help with navigating the patent process. Here is a step-by-step guide for inventors.
Step 1: Is Your Invention Ready for a Patent?
Before you start the paperwork, you may want to take a moment to evaluate your invention. If you want to qualify for a patent under U.S. law, your invention must be:
- Novel: This means it has to be new and should not have been disclosed publicly by someone else.
- Non-obvious: It cannot be an obvious improvement or variation to something already in the field.
- Useful: It needs to have a practical purpose.
You may want to do a quick patent search on the United States Patent and Trademark Office’s (USPTO) website or through Google Patents. This helps you spot any “prior art” like existing patents or publications that might conflict with your invention.
Step 2: What Type of Patent Do You Need?
There are three main patent types. They include:
- Utility patents protect how something works, such as machines, processes, or chemical compositions. The majority of inventions fall into this category.
- Design patents protect the look or ornamental design of a product.
- Plant patents cover new varieties of plants reproduced asexually.
Why do you need to choose the right type? Each one has its own set of rules and benefits.
Step 3: Keep Detailed Records
One of the most overlooked steps is documenting your invention. You will want to keep dated notes, sketches, prototypes, and explanations of how your creation works. These records are invaluable. They can help if there is a dispute or you need to clarify details during the patent process.
You might also want to prepare an invention disclosure. This detailed summary explains the problem your invention solves and what makes it unique.
Step 4: File Your Patent Application
This is the official, formal step where you submit your detailed application. You want to make sure that everything can withstand the scrutiny of the USPTO. Your application will include:
- A written description explaining your invention clearly
- One or more claims defining what you want to protect
- Drawings or diagrams,
- An oath or declaration
- The required filing fees
You can file electronically through the USPTO’s system and receive a confirmation with your application number.
Step 5: The Examination Phase
Once you send in your application, it enters the patent prosecution stage. No, it is not something to fear. This is just a review by a USPTO examiner who checks if your invention meets all criteria. This phase can take months or even years.
After that, you could receive an Office Action. This is a document outlining any objections or questions. For many applications, this is standard practice. You will want an attorney to handle this to help you respond with clarifications or amendments.
Step 6: Approval or Final Rejection
If all goes well, you will get a Notice of Allowance with instructions on paying the issue fee. Once paid, your patent will be officially granted, and you will receive a certificate.
If your application is finally rejected, you still have options: appeal the decision or revise and refile.
For many people, the patent application process can be confusing and frustrating. If you are looking for a way to help get approval, you may want to work with a skilled intellectual property attorney.
At Iconic Inc., we have assisted many inventors in protecting their inventions, ideas, and creations. If you would like to learn more, schedule a consultation with our firm today.