Intellectual Property Rights in The U.S.

Coming up with an ingenious idea is always exciting, and naturally, inventors want to protect and profit from their work. Perhaps nothing embodies the concept of the American Dream like success through innovation, which is why patents are so essential. They encourage inventors to come up with new ideas and fuel discovery.

Inventors who seek to license their intellectual property can apply with the United States Patent and Trademark Office. However, before you get started, there are some steps you should take to prepare for the application process. The following will provide you with an overview of how to transform your idea into a patent.

Steps in Applying For a Patent

1.) Document the entire process of working on your invention.

Since the United States Patent and Trademark Office (USPTO) only grants patents to the owners of an invention, it would be wise to document the process you used to create your device. Try to keep a notebook that includes diagrams, modifications, and concepts relevant to your design. Make sure to sign and date every entry. It could also help to have a few reliable witnesses sign the records as well.

2.) Determine if your design is patentable.

Before you risk investing substantial amounts of time and money into the application process, it would be wise to determine if your invention meets the requirements for a license. Even if your concept is creative and novel, your design has to be materialized as a commercially viable business to get a patent. Taking time to perform market research in your industry and how your invention will fit in your business plan will substantially help your efforts in the application process.

3.) Review your options with a patent attorney.

If you don’t know where to start researching or if you need guidance through the process, a patent attorney could help. A patent lawyer could conduct a detailed investigation of your invention, formulate a patent that will adequately protect your creation, and represent you in the application process.

It’s worth noting that patent law is a specialized field that requires extensive legal and technical knowledge. Moreover, your application will also have to survive the challenges posed by the nation’s leading patent attorneys. Hiring a patent lawyer can help you overcome these obstacles and successfully file for a license.

4.)Submit the patent application with the United States Patent and Trademark Office.

 The patent application provided by the USPTO is extensive and requires several different elements, including a description of your invention that highlights its advantages. The specification of your design should include an abstract, background information of the market of your industry, a summary, and a detailed description of the product. Your application should end with a conclusion emphasizing the benefits of your invention.

You will also need to submit claims in the application that explain precisely what aspects of your invention you want to be protected.

Considerations in The Patent Process

A patent can give you sole ownership of your invention for a limited period. By preventing others from using, distributing, or selling your design, you get the most benefit from your creation.

The patent application is complicated, but you can successfully get through it with the help of a patent attorney. A lawyer will be able to guide you through every step of the way—from the initial research to replying to objection letters from the USPTO.

Now that you got the necessary steps on the application process, you’re ready to get started protecting your invention.