A patent is a type of monopoly that a government grants to inventors for a specified period, giving the inventor an exclusive right to manufacture, sell, use, or otherwise profit. It ensures that no one else can steal your unique design/idea, so patent your idea.
A utility patent is the most common type of patent. The United States Patent and Trademark Office grant several patents such as:
Machines and Equipment.
Manufacturing processes or business systems.
The structure of matter or chemical compounds.
Patent Services USA are functional and capable of protecting new inventions and systems. A claim in a utility patent describes the essential part of the invention. To qualify for a patent, a patent examiner must determine that the invention meets the following requirements:
The invention must have a purpose and must function properly to perform that function.
The invention must be new. Not all claims that make an invention unique may appear in an existing patent or multiple existing patents that a reasonable person may add.
The invention should not be obvious to a reasonable person. If the invention adds to the claims of existing patents, it must be argued that no one would think to do so or that a combination of them would yield surprising results.
Inventors file patents to get claims issued. Utility patents teach others and promote innovation. They describe how to invent or build systems. In return, the USPTO gives the patent holder the right to prevent others from profiting from the invention.
They can also protect against importing their inventions into the United States, which makes utility patents incredibly valuable. A utility patent consists of a series of numbered sentences that claim the invention. Those making, selling or using the exact product described in the patent claim may be prosecuted for infringement of the inventor's patent.
Before investing another dollar or minute of your time, use this search engine to ensure your idea isn't already patented. Then, make sure your idea is something you can patent using this resource from the USPTO.
Start documenting your invention as soon as possible. Include written descriptions and drawings. Date every entry. This will help if you need to prove ownership at a later date.
The application process can be greatly simplified with the help of an experienced lawyer, who can also help you avoid mistakes that can prove costly later. Stephen Key has a great resource here on what to look for in a patent attorney.
Do You Need a Utility, Design or Plant Patent? This will guide the process you will use to apply for a patent.
It provides a layer of protection in case someone later claims you had the idea. As Issie Laposky points out, the U.S. Patent law is a first-to-file system, not a first-to-invention. You have to move fast, or you're screwed.
You can file your patent application by mail or fax, but the easiest way to do it online is through the USPTO website. First, get your e-filer registration done and read their latest filing resources to make sure you know what to expect from your application.
You must prepare a specification, including an abstract, background, summary, a detailed description and your conclusion, including implications and scope. In addition, you will need to define the legal scope of your patent, and again, I would recommend using an experienced patent attorney until you are 100% confident that you have the skills and experience to handle it.
It takes an average of one to three years to process a patent application. You don't want it to be dismissed for unnecessary errors or simple mistakes, so make sure you get it as close as possible the first time around.
You will have a patent examiner appointed for your case. If you receive any correspondence or requests from them, respond as soon as possible. Keep in mind that if you have an attorney, the USPTO will communicate with them directly, so you'll need to get your updates there. You can help move things along by being proactive in communicating with the patent examiner; consider arranging an interview to address any concerns they may have.
This is the most important and lengthy section of the application, and includes parts of:
Title: Provide a simple title for the invention.
Cross-References: Mention related patents and inventions.
Statement Regarding Federally Sponsored Research: Only include this if it applies.
Background: Explain the technical field. Describe any prior art and related problems.
Summary: Explain the idea behind your invention.
Description of pictures: List the images and explain briefly.
Fully explain the invention.
Use clear language and exact words.
Include enough detail that an average person could make the invention.
Claims: Include at least one claim to describe the scope of the invention. These can be dependent or independent and must follow a specific formula.
You want to license your patent. Getting a utility patent is a good idea, even if you don't want to sell your invention. You can license your rights to the manufacturers and make money in the process.
You want to improve the way a product works. Your invention doesn't have to be completely new, but it could improve the function of an existing product, such as an electric toaster. Any improvement should have significant benefits for the user.
1. It gives you the ability to make profit:
One of the main reasons to apply for a utility patent is profit. With a patent, you can make and sell your invention. You can stop others from doing the same.
2. It creates opportunities for licensing:
Some inventors do not want to make or sell their invention. But they want to take advantage of it. So you can give license to another party or delegate your rights and charge for it.
Also Read: Selling your patent? What You Need To Know