What do you do when you have the next great idea? The idea that could change the world and anyone would love to get their hands on it. The best way to protect yourself and your plans is with a patent. Getting a patent is a long complicated process, which is why some hire a patent lawyer to help them get it done. That’s an option if you want to pursue it but here are the basics to getting a patent with or without one.
The first thing you need to do is determine whether your idea is marketable. If it is, do a thorough patent search to see if one already exists. This can be done most easily on the website U.S. Patent and Trademark Office. Then you should determine if the idea is patent-worthy. There are several different types of patents and its important to know which one to file. Utility patents are for machines or mechanical processes. Design patents cover a new design for a manufactured item. Finally a plant patent may be granted for someone who invents, discovers or reproduces a new variety of plant.
It is very important that you thoroughly record everything pertaining to your invention or idea for the patent examiner. You can be helped with this by a patent lawyer or do it alone. Write down a thorough description of your invention, with drawings if applicable. Be sure to sign and date each page, it’s also helpful if it is signed and dated by a witness as well. With a caption to the effect of, “As read and understood by me (witness’s name).” This just shows that your invention designs and descriptions are understandable to the layman. If there is research work that you need to evidence make sure you have taken careful notes. It is also be imperative that you have evidence of the earliest date you conceived of this invention, if someone else submits for a patent at the same time, this evidence would be the deciding factor on who gets the patent.
Once your application is filed, it will be assigned to a patent examiner for analysis. This process typically takes about a year from the filing date. The examiner will do an independent search for existing patents. If they find something they believe is similar to your idea; they may reject the patent application. If you have a patent lawyer they can issue a reply to have the case reexamined, or you can do so yourself. Multiple rejections are not uncommon and at some point you can schedule an in-person interview to discuss the patent application.
This is an overview of the things that you need to plan for to successfully get a patent. This should help you determine if you need a patent lawyer or want to go it alone. With some persistence and hard work, that patent will be on your doorstep in no time