Get a Patent And Protect Your Invention!

2007-03-08 10:33:40

( Legal )



If you are an inventor with a new invention or simply an individual with something that you think is novel and original, you might want to protect your invention from potential infringers and get a patent for yourself.


What Exactly is A Patent?

Before you apply for a patent you might want to know what a patent actually does for your invention. Basically, a patent grants you, the inventor, the exclusive use of your invention. This effectively prevents others from making, selling, using and offering for sale your invention within the United States without your consent, meaning it is all up to you who gets to use or make or sell your invention.

Patent Types

To obtain a patent, you must first know which patent type your invention would be filed under. There are three types of them. There’s the Utility patent which is what you want if you discovered any new and useful process or machine as well as an article of manufacture or composition of matter. Improvements on these are also patentable. There’s also the design patent which is given to anyone who comes up with an original ornamental design for an article of manufacture. Finally, a plant patent is the patent given to anyone who discovers and asexually reproduces a new and distinct plant variety. The key thing to remember is that your invention must be useful and operational. A simple idea or suggestion does not warrant a patent.

Do Your Search First!

It is advisable that you make a search first of previous patents and publications before you attempt to get a patent. You don’t want to waste your time and money obtaining a patent for something that is already patented you can do this search at the Patent Search Room of the United States Patent and Trademark office (USPTO). You can also go online and browse on web databases for patents.

Do I Need A Lawyer?

To get a patent is a serious undertaking which demands a thorough knowledge of patent laws and the rules and procedures of the USPTO, so yes; you will need the services of a patent attorney. Your patent attorney will help you in preparing the application and actual filing of the patent as well as represent you in the proceedings. The USPTO has a directory of registered patent attorneys that you can check out.

The Application Process

You have the option to file a provisional application to obtain a patent. Aside from lower costs, a provisional application allows you to use the term patent pending for your invention. However, design patents are not applicable. Your attorney will inform you of the necessary documents that you have to submit for the application. After the filing, you will be notified in writing about the examiner’s decision through your attorney.

If you truly believe in your invention then there’s no need to worry. In fact, on the average, two out of three patent applications actually get a patent


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