5 Things To Think About When You Get A Patent

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You have been working on your idea for some time and now you want to get a patent. What are the things you must consider in order to do this? The following will help you to know what to expect as you go through the process.

1) A patent search is going to be the first step in obtaining a patent for your invention. This is a very important step since this will see if there have ever been other patents filed for your invention. This includes ones that are very similar even if they are not exactly the same.

Should you find that there is it means that you are going to have to go back to the drawing board and start all over with your invention. This will help protect you from a ton of legal trouble because filing for a patent on an idea or invention that is already out there is considered infringement on the patent owner’s rights.

2. If there isn’t another product similar to yours then you can proceed with the filing process. The paperwork is somewhat confusing and time consuming. You may want to seek professional guidance from a patent attorney or a patent service firm for this part.

The process will include an overview from you about your invention, actual drawings of it and what you are patenting and why you want to do so. This part is extremely important since it can be inadvertently filled out wrong or something could be misread.

During this time you can get a provisional patent. This means you fill out a provisional patent application and this allows you to mark your invention as “patent pending.” This does not require any formal explanations or drawings and expires one year from application. But there is a utility patent application that can be filed before this application expires that will allow the patent pending status to remain until you receive the final decision from the patent office.

3. Perhaps the hardest part of the process is waiting to hear from the patent office after you file. This can take anywhere from 14 months to 2 years and once it finally comes back, should the application be rejected you may be asked to make corrections on a part of the application. This requires you to re-file and again wait.

4. Once the application is approved you can file for the patent. This part does not take as long but is very important that you make sure everything is in order from beginning to end. Then you will get an approval letter from the examiner and you will be on your way.

5. The next part is the publication and this part can take up to 18 months. Once you get to this point you are going to need to decide if you are going to produce and market you idea on your own or if you are going to look for a company to do it for you.

When applying for a patent you should make sure that your idea is worth the time and the effort that is required to get a patent due to the fact that they are not cheap. By the time the patent process is complete is can cost you anywhere from $5k to $10K. This coupled with the long waiting period and if you are awarded the patent there is the added expense of production and marketing if you aren’t going to sell the patent.

When you are granted the patent you will have to pay a patent issue fee. This fee will pay for the first years of the patent but while it is in effect, you, as the inventor will also have to pay the maintenance fees because if not, the patent will become void.

Many make the mistake of going about the patent process on their own. While it is possible to get a patent without the help of an patent attorney, hiring one can help head off any potential legal issues. The verbiage that is used in your patent application will dictate the strength of your patent and if it is not worded precisely it will be you that learns the valuable and costly lesson in the end. Letting experts do what they do best is your best option.

Hopefully this guide will help you if you have an invention you want to get a patent for and are considering the ways of doing so. Best of Luck!

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