Do you have a genius idea you’re ready to patent? Getting a US patent prevents others from making, using, marketing, or offering your concept within the United States, and avoids others from importing it into the United States. After you identify that your concept meets the right criteria and hasn’t already been patented, get a patent with the United States Patent and Hallmark Office. If you are wondering how to get your idea patented, then keep reading below to have this question and more answered.
The First Step: Conducting Research
1. Discover if your idea is eligible for patent. You can patent your idea if it’s a procedure, a machine, an article of manufacture, a composition of matter, or an enhancement of any of these. Particular things, such as abstract ideas, natural phenomenon, and innovations that are not useful, are not qualified for patent. To determine if your concept is one, which can be patented, evaluate the USPTO’s list of developments that can and can not be patented. The list lies on the USPTO’s website.
Your idea must also be thought about a development of sorts, and its practical use ought to be promptly noticeable. If your idea is an abstract concept that would be difficult to implement, you probably can’t patent it. Laws of nature and physical phenomena also can not be patented.
patent attorney Los Angeles
2. Figure out whether your idea is new, non-obvious and helpful. These are the basic certifications for patenting any kind of innovation. Before you start the process of patenting your concept, ask yourself whether it passes all 3 tests.
Have you become aware of the concept or something rather comparable before? You probably cannot patent it.
3. Conduct a patent search to guarantee that your idea isn’t currently patented. Old concepts, whether previously patented or not, might not be patented. To inspect that your idea is a brand-new one, you’ll have to perform a search of previous public disclosures (likewise called “prior art”), including formerly trademarked inventions in the U.S., foreign patents, and printed publications. For aid conducting your search, do the following:
- Enjoy the USPTO’s patent search tutorial for a detailed slideshow on performing a patent search.
- Evaluation the University of Texas’ Overview of Patent Searching at the McKinney Engineering Library.
- Utilize the USPTO’s Look for Patents Study Page situated on its website. The page offers links to searchable databases so that an inventor might figure out if his or her innovation has already been patented.
- See a Patent and Trademark Depository Library (PTDL) for skilled help with your search. For complete information on PTDLs and places, see the USPTO’s library list.
Is your idea something that others would not quickly think up? It needs to be nonobvious to be patentable. For instance, you may wish to patent a process for constructing a durable structure, however if designers and others with engineering knowledge could have separately thought of the exact same procedure, your concept isn’t really patentable.
Is your idea helpful? A patentable idea must be one that can be put to useful use.
The Second Step: Preparing the Application
1. Identify exactly what type of patent you require. There are three different kinds of patent. These consist of:
- Utility patents. An utility patent protects the way something is made use of and how it works, such as a procedure, machine, short article of manufacture, or composition of matter. A patent on a new hand device, kitchen device, or engine for instance, would be a utility patent.
- Design patents. A design patent protects an ornamental design for an article. A design includes the visual aspects of an item, for example, the shape of a vase and the product made use of to make it.
- Plant patents. A plant patent might be given when a creator creates or finds and asexually replicates any distinct and new range of plant.
2. Determine exactly what filing method you will certainly utilize. Your filing strategy will depend upon whether you need international security for your innovation and/or you are prepared to make a formal patent claim. The 3 methods from which you may selected are:
- Submitting an US provisional patent. A U.S. provisional patent enables a developer to file for protection of his or her innovation, within the united state, without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. It provides the means to develop an early reliable filing date in a later filed non-provisional patent application. It also enables the term “Patent Pending” to be applied in connection with the description of the development. A provisional patent benefits 12 months, and the creator has to apply for a non-provisional patent within those 12 months.
- Submitting an US non-provisional patent. A U.S. non-provisional patent is a standard patent which secures an invention within the united state for 14– 20 years, relying on the kind of patent and when it was filed.
- Submitting an international patent. Under the Patent Cooperation Treaty (PCT), an international agreement with a number of countries, a developer may submit a single global patent application in one language with one patent office in order to simultaneously look for defense for a creation in the PCT member countries. For a list of PCT member countries, check out the World Copyright Company’s PCT Resources page.
The Third Step: Submitting the Application
1. Register for electronic filing. Prior to filing an electronic application, an innovator has to register to get a client number and a digital certificate.
To obtain a customer number, finish the Consumer Number Request Form on the USPTO website. Then fax it to the Electronic Company Center at -LRB-571-RRB- 273-0177, or mail it to Mail Stop CN, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. For aid finishing the kind, contact the USPTO at 1-800-PTO-9199 (1-800-786-9199) and select choice 2.
A digital certificate makes sure that your application information is safe and secure. In order to acquire a digital certification, you need to read the subscriber arrangement located on the USPTO’s website. Then complete a Certificate Action Kind. You can discover the Certification Action Kind. Send by mail the completed type to Mail Stop EBC Client Number, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. Directions for the Certificate Action Form are located on the USPTO’s website.
2. Prepare your application accessories. All accessories to a patent application need to be in portable document file (“pdf”) format following really particular guidelines. You might review the USPTO’s pdf standards to discover how to create your application attachments by checking out the PDF Guidelines page. All non-provisional patent applications need to consist of the following accessories:
A specification. The spec needs to consist of a written description of the innovation and of the way and procedure of making and utilizing it. The specification needs to be in clear and concise terms so that anyone competent in the technological location to which the invention pertains, or with which it is most nearly connected, is able to make and make use of the innovation. A specification must consist of the background of the invention, a detailed description of the invention, short descriptions of any illustrations, a summary of the development, and other specific info.
Illustrations, if essential. Almost all patent applications require illustrations of the innovation. The illustrations should show every feature of the invention and must be easily understood by persons utilizing the patent description. For precise requirements for drawings, consisting of size of the paper, margins, color, font style, and so on see the USPTO’s drawing details.
An oath or declaration. A developer must make an oath or declaration that he or she thinks himself or herself to be the original and very first innovator of the subject matter of the application. The oath has to be signed by the creator prior to a notary public or other officer licensed to administer oaths. You might utilize the USPTO’s declaration form for energy or design patents. A kind for plant patent declarations is also readily available.
Await your authorization code and reference number. These two numbers will be offered to you after your Certificate Action Form has actually been processed. The Permission Code will certainly be e-mailed to you and the Reference Number sent by U.S. mail. The USPTO might also attempt to contact you by telephone in order to provide you with your Reference Number.
Complete the patent application making use of the USPTO’s electronic filing system (EFS). The system uses a web-based kind interface, to which most users must be accustomed. To complete the application follow these steps:
Log on to the EFS. Do this by uploading your digital certificate and entering the password you were appointed when getting the certificate. You can publish your certification by clicking the ‘browse’ button and searching to the location on your computer where the certificate is saved.
Fill out the bibliographic information requested. Bibliographic information consists of the name of your invention, your name and address, and your customer number.
Attach your prepared pdf documents by clicking the ‘browse’ button and searching to the area on your computer where the files are saved. Get in the category and description for each file you connect.
Determine your filing cost by examining the appropriate boxes on the onscreen calculation device. The tool will show your charge in the upper right corner. The current fee schedule can be discovered on the USPTO’s web site.
Evaluation and send your application. Make certain to examine each connected document, along with the real application, really carefully.
Select whether to pay now or later. If you choose to pay now, you might pay by credit card, USPTO deposit account, or electronic funds transfer (EFT). If you opted to pay later, you will have to pay by midnight Eastern Standard Time (EST) on the day of filing in order to avoid extra charges.
3. Wait for your application to be authorized or declined. Your paperwork will be thought about and the USPTO will certainly figure out whether your concept is eligible for a patent. If your patent is accepted, you’ll have to pay a cost before it is given.
- If your application is turned down, you can appeal the decision or make changes to your application products and send them again.
- If your idea isn’t patentable, you might still have options for legally protecting it. Consider whether having it trademarked, copyrighted, or declared a trade secret might be a better alternative.