Read PDF How to Patent an Idea or Invention - A Step by Step Guide to Registering a Patent

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This explains why many entrepreneurs, like Krishna, will file a provisional patent before publicly disclosing important details. How detailed should I be in the initial application? A provisional filing provides an invention with a temporary, one-year protection. This allows inventors to secure the earliest patent date possible, which is important in the first-to-file format. After a year, the non-provisional patent application must be filed based on the information stated in the provisional application.


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Instead, describe your invention in as much detail as possible when filing for a provisional patent. Literally disclose as much information as you can.

Moving from Idea to Patent: When Do You Have an Invention?

Your pending patent—which may take three or more years to be approved—can only be clarified by removing details from the original application. How broad should my application be? This description must be able to teach someone how to make and use your invention. Keep in mind, there is a fine line between creating a patent that is too broad and creating one that is too narrow in scope.

Moving from Idea to Patent: When Do You Have an Invention?

Before having an attorney file a claim, make sure you review it for accuracy. What happens if my application is rejected? And then the waiting game begins. The timing can vary so check the USPTO dashboard , which currently shows a more than 16 month wait time. Depending on the volume of filings in particular area — especially in the video game, medical device and telecommunications industries — it may take longer says Elizabeth Dougherty, USPTO director of inventor education, outreach, and recognition.

There are many reasons for rejection.

How to Patent Your Business Idea: A Step by Step Guide

The most common include citing more than one invention, trying to patent an obvious product, service or idea meaning that anyone could have come up with something similar , trying to patent an invention that has already been patented, or not providing enough information. Inventors typically are given a three-month period to respond to the examiner. During the first office action or your first application , you can talk to an examiner about it was rejected. You can also argue your case by submitting more evidence, editing your application, and amending your claims.

How to Think Like Elon Musk. At the end of the day all we want is to have a strong valid patent that you can ultimately defend in a court of law. If your application is rejected twice, the patent application will likely call final action on it, which an inventor can appeal. After receiving an initial rejection, there is an alternative route many inventors take. Rather than appealing you can file a Request for Continued Examination, which provides an inventor with another two attempts to convince the examiner that patentable claims are present in the application, Quinn says.

Guglielmo Marconi is credited with inventing the radio, even though it originated from Nikola Tesla. Robert Fulton took the idea for the steamboat engine from John Fitch. Darrow in the s. Even Apple has been accused of stealing ideas from Google, Microsoft, and Samsung.

Instead of letting another party run away with your great ideas and make a fortune, you need to protect your ideas from the get-go. One of the most popular ways to protect your product is applying for a patent. According to the U.

1. Work with a reputable service provider

Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. Under certain circumstances, patent term extensions or adjustments may be available. Keep in mind that you technically can not patent a business idea, such as a niche online store or a new chain of themed restaurants. You can, however, patent the method of doing business. Before you start researching and hiring attorneys, make sure that a patent is the right decision, or the right time, for your business.

A patent can even assist you with negotiating top dollar for your idea if you ever want to sell your invention or process to another company. Most importantly, a patent allows you to take legal action against any entities who steal your intellectual property. You may also be required to submit drawings or renderings.

Keep in mind that patents are only issued to an individual. Not in the name of a group or a company.