Young Entrepreneurs are full of excellent ideas, and there are plenty of people out there looking to find these ideas or worse trying to copycat them! You have to make sure you keep your genius safe, so you can take the credit for your hard work when it comes to cashing in on your invention.
If you developed a new product that is completely different from what’s currently available on the market, then getting a patent for it is of utmost importance. A patent will protect your creation from being replicated or sold by others without your permission. In the United States, patents are issued by the federal government’s U.S. Patent and Trademark Office and are valid for 20 years.
There are two types of patent applications, the Provisional Application for a Patent and the Non-Provisional Application for a Patent. The Provisional Application is the intent to file a Non-Provisional Application within the next 12 months, but gives you the benefit of using the “Patent Pending” designation upon filing the statement.
The Non-Provisional Application for a Patent has a lower fee and is designed for individuals, small businesses, or other small entities. Documentation showing you qualify as a small entity needs to be included with your application.
A Non-Provisional Application for a Patent has several components. Before completing the application, it’s recommended that you conduct an online patent search to be sure no one has a patent pending for the development of a similar product. Depending on the type of your product, you will be filing for a utility, a design, or a plant patent. Each type of patent has its own corresponding application requirements.
Besides completing the basic information on the patent application, you will also need to provide written information about the product that includes a description, all its specifications, ingredients or materials, claims and other pertinent information. An oath that you are the inventor of the product is also required. Accompanying the written information of a patent application are drawings or illustrations of your product.
The complete patent application is submitted to the U.S. Patent and Trademark Office, along with the application fee. You will be sent a filing receipt with your application number and filing date.
While waiting for your patent approval, you can begin using the “Patent Pending” phrase on your product to notify buyers that its rights are protected.
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Adam Toren
Great post. Thanks for all the helpful patent info.
Thanks of a nice point made.I have question I hope you dont mind answering.Is the patent obtained from US applicable only in US or is it valid internationally?
Thank you.
http://www.surefirehire.com
This post is quite good, and unlike many other blogs or newspapers that write about patents and get it wrong. The one thing I would say is that you technically do not need to prove small entity status. You can merely check the box on the application transmittal form and claim it. This satisfies the legal requirement of claiming it in writing.
I also really like how you describe a provisional patent application. For years I have tried to focus on the legal aspects of the provisional patent application and inventors never seem to really understand its benefit. Thinking of it as an intent to file a nonprovisional is a very good way to get the primary gist of a provisional. It is important to remember, however, that the provisional patent application needs to completely define the invention, otherwise the filing priority you receive will be worthless.
-Gene
Nice article. I would caution inventors however, on drafting their own claims, which are the most important part of the patent. Drawings and descriptions are relatively straightforward, but claims are a minefield for the unwary.
Not all patents are created equal. If an inventor is not careful, poorly drafted claims may narrow the patent, making it easy to circumvent.
Finally, as Gene noted, a poorly drafted provisional patent will destroy the filing priority for anything you accidentally leave out.
Brett
Thanks so much for your comments so far – patents are a huge topic and indeed this is just a summary. Brett and Gene have made some really valid points!
@Elsoft – There are various different patents available, country specific and international. You need to apply for the one applicable to your invention.
I think this article is a great start but really needs some expansion. I currently have 6 patents pending with the US government and I think Brett Trout hit the nail on the head. Doing a full blown patent search and writing your own patent application is well beyond the capabilities of most entrepreneurs, even the most intelligent. As expensive as a good patent attorney is, they are worth it. Not only will they guarantee that your idea is protected, but I have also had a few of them add very valuable ideas to my invention, making the idea even better than I had envisioned.
Thanks for the good article.
Good Article. My clients use provisional patent applications for two reasons: 1) to determine if there invention makes economic sense before they spend the money on a non-provisional patent application, and 2) so they can say patent pending inexpensively.
First of, great article! Very helpful information, loved it.
I may receve heat for this, but a large part of being an entreprenuer is also using someone elses idea and applying it in a realm where it is more applicable (especially with service-based ideas). Also, adding and building on top of someone elses idea can be a great way to start a company…and thrive.
As a young entrepreneur, I would like to know what you think about this? Also, on the reverse side of things, besides searching the US Patent Office Database (website), is there another way to find out if someone’s idea is patented?
Ryan
http://www.twitter.com/BigRyanPark