So, you have come up with an amazing idea? Probably, you are thinking of protecting that idea before anyone steals it. Patent and copyright infringement is one of the most important and common issues that occur in every other industry regarding intellectual property. Patenting an idea might sound a little overwhelming for many, however, breaking down the whole process can make it appear easier than a child’s play.
Types of Patents
There are a total of 3 key types of patents, namely
- Design patent
- Utility patent
- Plant patent
So, Can You Patent Ideas?
No, you cannot practically patent an idea. According to the patent law of the USA, only the physical forms of ideas such as products and machines. The ideas which are executed through materialistic forms are patentable but the foundational ideas are not.
7 Steps to Get a Patent
1. Consider Whether it is Appropriate
A patent is not the right legal document in all cases. For example, if your work or idea is creative in nature then copyright is more of an applicable legal document than patent. And when that changes into a logo, brand, or slogan; then a trademark is the right thing to do. Patent is particularly applicable to inventions, designs, and physical products.
2. Is it Able to be Patented?
Just because you have an idea, does not mean it will patented because in order to be eligible for the process, your idea or invention is required to meet a few criteria. Such as,
- Novelty - A new and unknown invention that has not been disclosed yet.
- Non-obviousness - The invention needs to have an inventive step which makes it less of an obvious solution that is already predicted.
- Utility - The invention must have some practical application to serve a purpose.
- Subject Matter Eligibility - There should be particular subject matter behind the invention.
3. Make Sure to do a Patent Search
Make sure to run complete patent research on the USPTO website in order to know whether anyone has patented your idea before. If it is already taken, time to get back to square 1.
4. Choose the Patent Type
Based on what you have invented, you can opt for a patent type. Focusing on the visual and functional aspects of the invention the patent type should be chosen that describes it perfectly.
5. Submit Patent Application
To embark on the process of patenting, visit the USPTO’s EFS-Web fill in the official patent application, and submit it. But before that, you need to make sure that all the guidelines and criteria are already achieved. There are a total of two types of patent applications,
- Provisional Patent Application (PPA)
- Regular Patent Application (RPA)
6. Listen to Your Patent Examiner
Do not worry if you are having issues with your patent application. Talk to your patent examiner and they will guide you through the whole process even if any obstacle appears. Once your patent application is complete and approved, the patent examiner will reach out to you and figure out whether the invention is eligible for the type of patent that has been applied by you.
7. Pay the Fees
There is a particular timeline and fees for the process. The USPTO offers a notice of allowance before the patent is officially issued. In order to complete the process, you would be required to pay a nominal issue fee as well as a fee for publication.
The process of gaining a patent can be tedious sometimes and overwhelming to handle alone. Take help from a patent attorney who can help you get it with more ease and convenience.
