Before filing a patent make sure to determine whether/not the invention made by you can be patented.
An invention cannot be patented if:
- It’s already being used or known, or described/ patented in a printed document in a foreign or the same country, in the name of any other applicant
- It was described or patented in a printed document in a foreign country or the same country or sale or in public use in the country a year before the application of the patent is to be filed.
It is recommended by the USPTO (United States Patent and Trademark Office) that the prospective applicants must employ a registered patent agent/attorney to prosecute or prepare their applications.
Filing an application
In order to get a U.S. patent for your invention, an application is to be filed with the USPTO. A patent application is basically a legal document that’s prepared by a trained agent or attorney to avoid future legal issue.
2 Types of Patent Applications
Non-provisional application – This application includes
- A written document comprising of various specification of the individual as well as a declaration or an oath
- A drawing in the cases where a drawing is required
- Examination and search fees. As an applicant need to determine a small entity status by paying a nominal amount of fee.
Provisional application – A provisional application is designed in order to file the first patent in the US. It includes oath and claims. In a provisional application no declaration is required. This application helps in establishing an early filing date of a patent application. But Provisional applications cannot be filed for the inventions related to design.
How to Register a Patent?
Don’t know how to register a patent? The steps listed below will guide you with the same
- Carry a Preliminary Search Before Filing the Patent Application
- Before bringing the paperwork to a patent agent or patent attorney for a final proofreading, it’s recommended to draft a copy of the application and carry a preliminary search in order to make sure that there is no earlier patent of the same invention. This will save your money.
Though a few experts don’t recommend it, but there is another alternative for filing application. That is filing a provisional application. As it is much cheaper, provides protection for a year, allows the pending status of patent and doesn’t require any writing claims. However, if you choose this alternative you need to file a non-provisional application for your invention before expiry of the period of the provisional patent application.
Promoting or Selling the Product
During the period of one year you can sell / promote your product. And raise money for the non-provisional patent application. A number of experts recommend for provisional patents for efficient patent of the invention.
There is no other step you need to follow to get your invention patented, but you need to know that it takes a minimum of 3 years for to get your patent application granted. In case your application is rejected you’ll need to make amendments in the appeals and claims for your invention following the above procedure.