Have you ever wanted to know how to get idea patented in the USA? Well, that’s what this article is about — and it’s not difficult.
U.S. law prohibits you from patenting an idea. It is important to understand how patent law distinguishes inventions from ideas.
You cannot patent an idea to invent an invention. Either the invention has to be made or a patent application must be filed with U.S. Patent and Trademark Office.
Although all inventions begin with an idea, not all ideas can be considered to be an invention. It is important to understand the differences between ideas and inventions in order to comprehend the fundamental ideas about patents, what patent is, how to obtain one, and when to file for a patent. These are some things to remember.
If you have a new invention, but you’re not sure how to get it patented in the United States, there are many steps you can take to protect your invention. Filing a provisional patent application is the first step. Next, you can file a non-provisional patent application. Once you’ve filed the application, you can search for non-patented inventions in the USPTO. Patent approval can take as long as two years.
What is a Utility Patent?
Although there are many types of patents available, most people refer to utility patents when they talk about patents.
Four types of items are protected by utility patents. They protect the following:
- A process. A process can be any combination of steps and methods.
- A machine. Any combination of parts.
- A manufacturer. A manufacturer is a mixture of materials that create something new.
- A new composition of matter. A new composition of matter can be a chemically novel substance such as a drug or another formula.
Many inventions can be combined from these categories. A new system for telecommunications may combine machines and processes. A new type of concrete could also combine existing materials with completely new chemicals.
What you can patent and what you cannot
Even if your invention is legal, not all inventions can be patentable. It is important to know which inventions are protected in order to determine whether your idea qualifies as an invention.
Patentable inventions can’t be too abstract. If your invention is simply a mathematical formula that isn’t tied to any particular application or process, it will not be patentable. It must actually help someone make a decision or move a machine in real life, or make something useful happen.
Natural discoveries are not allowed to be inventors. You cannot patent a fish you catch while fishing in the backwoods. To get a patent, you must do more than just discover something. It is necessary to refine, modify, or include the invention in a larger one.
It is essential to define inventions. A plant extract is discovered to be a powerful antioxidant. It can reverse or cure heart disease in low doses. Although your acne treatment may be an invention, it is almost certain that you will need to put more effort into formulating the antioxidant to cure heart disease and treat cancer. To describe an innovative idea, you need to be clear about its scope.
Patents must be unique and not-obvious. This means that inventors must invent something completely new.
Uniqueness means that the invention is unique and has never been done before. Your invention is completely new if it has not been published or filed for patent. The invention is unique and has never been done before.
Non-obvious inventions are those that would not be obvious to others. Patenting the idea of combining two well-known things is not possible. You must have a new idea about the way the items are combined, or the reason the inventor chose the things. The way the things are arranged or selected is what elevates an obvious idea to a non-obvious invention.
Steps to File a Patent Application
1. Keep a written record of your invention
Keep a log of every step in the invention process. Draw and describe every aspect of the invention. Also, note how you originally conceived the idea.
You might want to test and build a prototype depending on your invention. All of this documentation should be documented. Each entry should be signed and dated. Two reliable witnesses must also sign it.
2. ensure that your invention qualifies for patent protection
Patents cannot be granted purely on the basis of an idea. Your invention must be demonstrated. Your invention must also be original (or “novel”, as patent lawyers call it). This means that your invention must be unique in some way to all other inventions in the same field.
If the USPTO rejects your patent application immediately, don’t waste time or money.
3. Evaluate the commercial potential of your invention
A patent application is a business decision. You may need a patent attorney to help you file your patent application. Professionally prepared patent drawings can be helpful.
Research the market before you make this investment. Then, decide if it is worth it.
4. Do a thorough patent search
You must examine all previous developments in your field to ensure your invention is original. To find similar inventions, you will need to search U.S. and sometimes foreign patents.
While patent searching can be time-consuming, it is possible to master the process with practice. Even if you hire a professional later in the process, your invention knowledge is more than anyone else, making you the best person to begin the search.
While you can do your research online, you might also wish to visit a Patent and Trademark Depository Library. You can search for older patents there and receive assistance from librarians.
You will find similar inventions to yours when you search. Your application should demonstrate how your invention differs from previous developments.
5. Preparation and filing of an application with the USPTO
You have two options when you file with USPTO. The USPTO allows you to file either a full-blown provisional or regular patent application (RPA).
A PPA does not constitute an actual patent application. A PPA is a way to claim patent pending status for your invention. It requires only a fraction of the time and expense of a regular application for patent.
A fee of $130 for small entities and $260 for large corporations is all that’s required to file a petition for protection of intellectual property.
You must then file an RPA within one year of filing your PPA. You cannot claim the PPA filing day if you don’t file an RPA. In order to quickly gain credibility and possibly attract investors, many inventors file a PPA.
Patent Search for Prior Art
Searching for patent applications, publications, and patents related to your invention is a way to determine whether it is new or not. This collectively is called patent art. It is not novel if you find one patent that explains all of the steps in the process you have invented. Your invention is obvious if you can find an article that describes half of the components of your machine and a patent application which teaches the rest,
Online resources make patent search easier than ever. It is better to discover if someone has already invented your invention before you invest in the second round.
It is difficult to find ideas. It is possible to be too general if your idea has not been narrowed down into an invention. It is difficult to find a machine without knowing the specific parts. It is also difficult to find a process if you don’t know every step.
Your idea might not be considered an invention if it is difficult to start your patent search, or if you don’t get any meaningful results.
Filing a provisional patent application
In order to get your invention patented in the USA, you must first file a provisional patent application. This application secures your rights to a full-fledged, non-provisional utility patent. The USPTO website offers useful information about the patent process. Just make sure to follow all the steps outlined above. The USPTO website has helpful resources and tutorials that will make the process easy and stress-free.
Advantages to filing a provisional patent application
There are some major advantages to filing a provisional patent application to get an invention patented in the USA.
- It gives you an early effective filing date and the corresponding peace of mind.
- Furthermore, it allows you more time to develop your invention.
- A provisional patent application costs less than a non-provisional one.
But it’s still worth thinking twice before filing a provisional patent application.
You can file a provisional patent application with any government agency. Use the form PTO/SB/16, which has pages one and two. This brochure is only meant for general information and is not intended to replace legal advice provided by a patent practitioner. If you’re unfamiliar with the nuances of U.S. patent law, consider hiring an attorney or agent. You can find a list of patent attorneys and agents on the USPTO website. Keep in mind that you cannot claim a provisional patent after the 12-month deadline for nonprovisional applications. However, under 37 CFR 1.78, you can restore your provisional patent.
However, you should remember that a provisional patent application will delay examination for a year, but it also gives you the right to file a patent sooner. Big Pharma companies often make all of their money at the end of a patent term, so filing a provisional patent application is a great way to protect your invention before you invest in a full-blown patent.
If you’re planning to file a full-fledged patent application, you must ensure that you have the legal and technical expertise to complete the process. Even a simple patent application can cost several thousand dollars. But it’s worth every penny because it means you can protect your idea. A patent attorney can help you get the best results in the shortest amount of time.
In a provisional patent application, you can describe your idea and submit it for examination. You do not need to submit a formal declaration or oath. You can also file a petition for appeal with the Patent Trial and Appeals Board if you’re rejected by the examiner. The appeals board consists of senior patent examiners who review all patent applications before making a final decision.
Once your provisional patent application is approved by the USPTO, you can adjust the specifications, claims and drawings. However, you cannot add any new material to your application. During the review process, you must also wait for a decision. During the review process, you can expect to receive a Notice of Allowance. Once the examiner finds your application acceptable, your patent application will be granted.
Filing a non-provisional patent application
A non-provisional patent application is the next step after filing a provisional patent application. The difference between the two is that a provisional patent application is informal and short, while a non-provisional patent application is detailed and long. It includes a variety of parts and rules, and is therefore the equivalent of a formal dinner. Whether you decide to file a provisional or non-provisional patent application depends on the circumstances and your idea.
A provisional patent application is an incomplete application that only meets the filing requirements required to secure a 12-month patent pending date. A provisional patent application only reserves priority for the initial 12 months of a patent pending date. Therefore, many patent attorneys spend less time drafting a provisional patent application, and the cost is significantly less than a non-provisional application. Potential clients often fail to realize that filing a provisional patent application means that the clock starts ticking.
The deadline for filing a provisional patent application is twelve months. The pendency period is extended for a year under extraordinary circumstances, such as an unexpected financial crisis. After the first year, a non-provisional application must be filed in order to receive priority. If an applicant misses this deadline, they will be granted an extra two months, but they will have to pay a fee of $1,050 for a small entity and $525 for micro entities. However, they will lose the priority date for new matter, despite the extra two months they may receive.
For those who are strapped for cash, filing a provisional patent application is a great way to protect an idea while it is still in the development stage. Unlike non-provisional patent applications, provisional patent applications are less expensive and require no detailed claims. They also are more convenient than non-provisional patent applications. But if you’re not ready for the high upfront costs of patent prosecution, filing a provisional patent application may be the best choice.
Searching for non-patented inventions in USPTO
When searching for non-patented inventions, you will need to find related information, such as published applications and foreign patents. These documents should include the inventor’s name and title. These should also be placed in the top margin of each sheet of drawings. A tutorial will help you conduct a successful search. There are several ways to conduct such a search. Read this article to understand the several ways: Conducting A Patent Search: Key Things To Look Out For