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Month: November 2018

Invention Patent Basics

Invention Patent Basics

So you have an idea and want to get an invention patent? There are a number of things that you need to know about the invention and patent process that can help you focus your efforts and know what obstacles lay in front of you.

A patent is a grant of the exclusive right to an invention. In the United States the exclusive authority to grant patents for inventions is given to Congress through the Constitution. The United States Patent Office is the entity that issues patents to inventors.

An invention patent is a legal property right. Specifically, it gives its owner the right to exclude others from making, using or selling the claimed invention for a limited time (i.e. the term of the patent). The owner does not need a patent to make, use or sell the invention, but only to stop others from doing so.

Now you should ask yourself why it is that you want an invention patent. Obtaining a patent can be the best decision, and may even be the best business move you could make. Nevertheless, what you need to understand is that most patents do not make inventors money.

Invention Patent Basics

Furthermore, based on the patents granted Patent Office these days, the question should not be whether you can get a patent, but rather whether any invention patent you are able to obtain is worth the investment. In other words, is the scope of protection meaningful?

Will the patent you receive actually be able to prevent competitors from making, using, selling and importing your invention? Is there a market for your invention? These and other questions should be considered.

Types Of Patents

There are three types of patents:

1) Utility patents the most numerous type of patent, it is issued for useful devices, materials and processes.
2) Design patents issued for useful designs;
3) Plant patents issued for asexually reproducing plants.

To be granted a patent, the invention must meet the three criteria of new, useful and non-obvious. New means that the invention must be different from the prior art in its area. Useful means that the invention must be practical as opposed to artistic in nature. Non-Obvious means that when it is viewed as a whole, the invention must not have been an obvious improvement in the invention’s field of art when viewed by one of ordinary skill in that field.

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Steps to Patent Your Invention

Steps to Patent Your Invention

Many people come up with great new ideas, but few know how to go through the patent application process and get their invention to the market. There are quite a few steps to patent your invention, and it can be complicated. But if you decide to embark on the process alone, there are definite things you need to do.

First you need to determine if you can patent your idea. You need to look in stores or catalogs to see if your invention already exists. This may seem like a simple step to patent your invention, but it is necessary. You will either confirm that your invention is patentable to prevent you from taking more unnecessary steps if it isn’t.

Once you know that your invention is not on the market, the next step to patent your invention is to do a patent search. Just a simple search on a patent search database will do. This will rule out the possibility that you are infringing on someone else’s patent.

In order to patent your invention, you need to establish a date of originality for your idea. You can so this in two ways: mail a detailed analysis and drawing of the invention to yourself to establish a postmark date, or have a friend you trust sign and date the drawings and analysis as a witness. This bears no regard to protecting your invention, but if someone else tries to patent your invention at the same time, it will give you standing as to who thought of it first.

Steps to Patent Your Invention

Now you can apply for a patent pending status in order to give you more time to properly patent your invention. This allows you to put your invention on the market during the patent application process and protect your invention during that time. After you get the patent pending status, you have a full year to complete the patent application process.

Next of the steps to patent your invention is filing the final patent application. All the requirements for the different types of application are available through the US Patent & Trademark Office. Take your time with this since denials are high during the patent application process are common, and will be a certainty if something on the application is wrong.

Then you just have to wait for the USPTO to make a ruling on your patent application. They may ask you for more information, deny the application or approve it. Denials can be revised, edited and submitted again. If it is approved, then you have been successfully in your endeavor to patent your invention. These are the most basic steps to patent your invention.

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Questions to Ask a Patent Lawyer

Questions to Ask a Patent Lawyer

Inventing something is the most important step in getting a new product onto the market. But equally important is patenting your idea. Finding a patent lawyer is a very good way for you to get through the patent application process with a minimum of hassle and stress. You should always be interviewing potential patent lawyers, but in order to find one that’s worth the money you need to know what questions. So, here are five of the most important questions to ask a patent lawyer before hiring them.

The first thing to ask when finding a patent lawyer is what is their background. The practice of patent law is very specialized that requires extensive training in technical science and the patent application process. The attorney you have now is likely nowhere near qualified enough to handle the patent application process. You also need to know if the US Patent and Trademark Office have certified the patent lawyer. If they are not, then they cannot act as your patent lawyer.

Secondly, you need to ask a patent lawyer how the patent process application works exactly. This is especially important to know why how competent the patent lawyer is. If they can provide you a detailed analysis of every step of the process then you are on your way to finding a patent lawyer that is worth their fee.

A good patent lawyer should be able to take you all the way from a patent search to filing the patent application, as well as what happens if the patent is initially rejected. They should also explain to you things like obtaining international patents and licensing of your invention.

Questions to Ask a Patent Lawyer

The fees that a patent lawyer charges should be among your questions. Since the patent application process can drag on for months or years, an unclear fee schedule could be asking for trouble. Any good patent lawyer should be able to point out exact fee schedules for all the services they provide.

When finding a patent lawyer, it’s important for you to know just how involved you get to be in the patent application process. You are trying to patent your invention, which is something very personal to you. It may be an indication of a problem if the patent lawyer wants to limit your involvement. You should be involved enough that you feel comfortable with the patent attorney on more than a superficial level, you will likely be involved with them for a long time.

As with any legal agreement, you need to ask a patent lawyer if everything they have told you will be put in writing. You need extensive documentation of everything you do with your patent attorney in order to protect your idea. Any action they can has an impact on patenting your idea, you need to have their duties specified in a contract.

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Things To Know About Patent

When we go about discussing patent of any work or any kind of patent trademark, then we should not forget to disclose the meaning and importance of the patent in this write-up. When anyone comes up with any great idea, then turning that idea into one profitable invention is done with the means of patenting. This kind of patenting work is nothing but the legal procedure of protecting the new idea or invention. In this regards, one should apply for the patent and this kind of new invention should be protected with the proper procedure. Different patent assistants are there such as InventHelp company, to help you in this matter. You just need to follow certain crucial steps for the patenting of the service, idea or product.

In this regards, your first step should be researching on the idea or invention and check its marketability of the new invention. The next step would include whether your newly invented idea is unique or not. After that, you need to cross-check with the expert about your idea. And also, check whether he/she can help you in a better direction. In case of patent trademark, you need to go in-depth research on the new idea that you have invented so far.

You need to check whether this kind of idea has already been invented. You can also research on the website of United States Patent and Trademark. This website will give the complete details about the patenting and its application procedure. If your idea is already present in the market, then patenting your work will not be possible. If your idea is unique, then your work will be to decide whether new invention is quite marketable or not. In that case, any kind of non-prejudiced opinion has to be there, which can ensure the correct value of your idea. Then you need to go for a sampling of the product or service or idea, which has been newly invented by you. You can find many more useful tips like this at https://www.veteranstoday.com/2018/10/19/start-business/.

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