If you have come up with a great invention you are going to want to protect it so that you can get the credit and compensation that you deserve. That is why you need to apply for and obtain a patent from the government so that anyone who tries to make money off your idea can be sued. The inventor of the idea is generally the person who patents it, but the rights can be transferred to others if the inventor chooses to do so.
Applying for a Patent
You should visit the U.S. Patent and Trademark Office website in order to find out if your idea has already been patented. If it hasn’t you will want to determine what type of patent that you need to file. There are a few main types of patents including:
- Design Patents
- Consists of visual elements-including shape and materials used.
- Plant Patents
- Consists of asexually producing new varieties of plants.
- Utility Patents
- Consists of machines, compositions of matter and articles of manufacture. The majority of patents issued in the U.S. are utility patents.
You will want to file a U.S. provisional patent which allows you to stake claim to your invention, while your application for a patent is pending. A provisional patent is valid for one year, and a non-provisional patent must be filed within that year. A non-provisional patent protects your invention within the U.S. for 14-20 years.
Obtaining Legal Help- Patent Attorney/ Patent Agent
Filing a patent in the U.S. is somewhat complicated, which is why you need to obtain the right legal help. A patent attorney or patent agent can help you to navigate how to properly apply for a patent. Patent attorneys and patent agents are both licensed to represent clients before the United States Patent and Trademark Office. To practice as a patent attorney or agent they must pass the ‘patent bar’ exam which ensures that they have comprehensive knowledge of patent law, policies and procedures. You should do you research so that you can feel confident in the patent attorney or agent that you choose to help you obtain your patent. You should also research costs associated with hiring a patent attorney or agent so that you can budget accordingly. A patent attorney/agent can help you to get all of the documentation you need in place to be successful when it comes to applying for a patent. Employing a patent attorney can ensure that documentation is filed in a timely manner and meets all of the necessary requirements. Obtaining a patent can be a lengthy process, often taking one to three years for your patent to be granted. A patent attorney or agent can help you to file your patent through the United States Patent and Trademark Office (USPTO) website, by mail, or by fax.
Applying and obtaining a patent requires documentation, proof, money and time. You will want to ensure that you have done all of your research to make sure that you file everything that you need within the allotted amount of time. Hiring a patent attorney or patent agent can greatly simplify the process of obtaining a patent. If you have an idea that you believe is unique and hasn’t been done before, you should start researching it online to see if applying for a patent is an option.