6 Simple Steps to Patent an Thought

Need assist defending your concept with a patent? We advocate LegalZoom for quick, simple service.

A patent is normally the distinction between inventors who make a fortune on their concepts and people who don’t.

In the event you don’t file a patent utility (or another person information earlier than you), then there’s little or no you are able to do to forestall different folks from profiting of your nice concept.

We’ll stroll you thru the complete course of on this publish. Full evaluate and approval of your patent might take 2 years, so it’s vital to get began as quickly as potential.

Why Patenting an Thought is Value It

Patents are essential for safeguarding a brand new invention. You should utilize a patent to legally shield merchandise, designs, or processes that meet particular standards. Often, a patent can shield your concept for as much as 20 years.

As soon as the patent has been granted, you’ll have the unique rights to make, use, or promote an invention. This primarily provides you a monopoly-like benefit over your concept.

You should utilize a patent to cease opponents from doing issues that infringe upon your patent. Or you possibly can doubtlessly promote the rights to make use of your invention to different companies, securing important earnings only for the thought. 

If somebody breaches your patent, you’ll be able to doubtlessly sue them for a big amount of cash. Nevertheless, it’s value noting that the authorized charges related to bringing somebody to court docket for a patent violation may be costly.

When you’ve got an concept you need to shield, however you don’t have all the appliance supplies prepared, you’ll be able to file for a provisional patent, which can shield your concept for a 12 months when you iron out the small print.

The Funding Wanted to Patent an Thought

Acquiring a patent to your concept isn’t low cost. As you’ll quickly uncover, you truly must create a prototype to your patent earlier than you’ll be able to file something to guard it. The funding required right here varies considerably relying on the complexity of your concept.

It normally takes between 18 and 24 months to obtain a patent in the US. You’ll doubtless want to take a position not less than $10,000 to $25,000 on this course of. 

Patenting an concept is far simpler should you’re utilizing a web-based authorized service like LegalZoom. The service walks you thru the method of acquiring a utility patent or a design patent. They provide consultations with a USPTO-registered patent lawyer, patent searches, technical illustration help, utility preparation, and digital submitting.

You’ll be able to even use LegalZoom to file a provisional patent, which defends your concept in opposition to the competitors when you work on the paperwork. This allows you to market your concept as “patent pending” for a 12 months earlier than the precise patent is formally obtained. LegalZoom’s provisional patent providers begin at simply $199 plus submitting charges.

LegalZoom utility patent providers and design patent providers begin at $699 and $899, respectively. These providers are designed that can assist you with each side of the patent course of to be able to get your concept throughout the end line.

6 Steps to Patent an Thought

Able to patent your concept? Observe the step-by-step tutorial under.

Step 1 – Confirm the Thought is Eligible For a Patent

Earlier than you proceed via a prolonged and costly course of, it is advisable to make it possible for your concept meets the eligibility necessities for a patent. 

Not each concept or invention may be patented. You’ll be able to check with the United States Patent and Trademark Workplace (USPTO) for the whole necessities, however right here’s a common abstract to steer you in the suitable path:

• All patents should be novel and non-obvious, which means that the thought or invention should be utterly new.
• If another person has invented your concept earlier than or described it in a patent utility, then your concept received’t be eligible for a patent.
• You can’t mix two recognized or apparent issues in a patent. There should be one thing distinctive about your concept or a proprietary method you’re combining them.
• An concept for an invention can’t be too summary. For instance, let’s say you need to patent a mathematical system. If the system isn’t tied on to an utility or course of, the thought will not be patentable. Your idea will need to have a real-world use and utility to be eligible.
• Pure discoveries should not eligible for a patent. For instance, should you’re mountain climbing and discover a new animal within the woods that’s by no means been found earlier than, you’ll be able to’t patent it. 
• Using your patent should be clearly outlined and non-speculative. In the event you use a potent plant extract to formulate an anti-aging cream, you’ll be able to’t speculate that increased doses of the extract will treatment most cancers. You’ll must outline the scope of how that works to acquire a patent on the latter. 

Assuming your concept meets the factors to this point, then you’ll be able to transfer on to see what sort of patent your concept qualifies for. In the US, there are three several types of patents that may be issued:

• Utility Patent — Roughly 90% of all patents issued are utility patents. These are for innovations of a course of, machine, compositions of matter, or manufacturing programs which might be new and helpful. It’s also possible to acquire a utility patent for enhancements to an present course of.

• Design Patent — Design patents will need to have “floor ornamentation” of an object. To acquire such a patent, the design and object should be inseparable. In brief, utility patents shield the best way an concept works, and design patents shield the best way it seems to be.

• Plant Patent — Plant patents are issued to new and distinctive crops that may be asexually reproduced. Which means slightly than the plant reproducing with a seed, you’ll be able to propagate it by reducing or grafting the plant. Asexual replica is the proof required that the particular person making use of for the patent can truly reproduce the plant.

The ultimate a part of verifying the thought’s eligibility is by working a patent search. This ensures there isn’t an present patent in your concept or any pending purposes which might be too much like yours.

LegalZoom provides patent search providers beginning at simply $299. 

Step 2 – Hold a Detailed Report of All the pieces

As beforehand talked about, an concept alone isn’t sufficient for a patent. You may additionally must again up the truth that the thought is uniquely yours.

To do that, it is best to file your whole thought course of in a journal or a pocket book together with every other proof you have got. From uncooked notes to sketches, corrections, errors, and extra, all of this might assist defend that you simply’re the one who got here up with this new concept.

Every web page of your notes and file needs to be signed and dated. If potential, have one or two witnesses signal the pages as nicely. 

Having different folks signal your notes means you’re exposing your concept. Whereas it might be good to belief these folks, it is best to have them signal NDAs (non-disclosure agreements) to legally forestall them from sharing what they’ve seen. 

That is particularly essential should you’re having different folks engaged on the idea with you. 

Let’s say you have got workers or contractors performing duties in your behalf. The NDA and contract ought to make clear that any work achieved towards your concept is owned by you and also you alone. Their function within the course of doesn’t give them the rights towards the patent or its earnings. 

You realize that your concept is your mental property, however are you able to show it? The US Chamber of Commerce has a useful information for people and companies that need to know shield their mental property.

Providers like LegalZoom can be supply a variety of contracts and templates, together with NDAs. This can be a good way for inventors to make sure that their concepts are protected.

Step 3 – Make a Prototype

It’s best to have a prototype or mannequin of your concept ready earlier than you file the paperwork for a patent. Once more, you can not simply patent an concept—there must be extra. 

The prototype needs to be one thing tangible that you possibly can present to any individual. For instance, in case your concept is an invention of one thing that you simply need to license or current to buyers for funding, you’d want to provide them greater than an concept. 

Along with the necessities for the patent itself, making a prototype may also help along with your concept. By bringing this concept to life, you would possibly uncover flaws or areas that want enchancment that wasn’t thought of when the thought was only a thought or phrases on a sheet of paper. 

One of the simplest ways to create a prototype is by beginning with an correct drawing. The photographs may even be used throughout the patent utility course of.

Drawing your concept for a patent requires extra than simply an newbie sketch. It’s extremely really helpful that you simply use knowledgeable patent drawing service. 

Gazing simply $399, you need to use LegalZoom for this course of.

All it is advisable to do is fill out a easy on-line questionnaire about your concept. Then add your sketches, pictures, and pictures of your concept that the skilled artist will use for inspiration. Then it is advisable to simply sit again and look forward to LegalZoom to ship you the finalized technical drawings of your concept. 

Step 4 – Apply For a Provisional Patent

A few of you may need an ideal concept, however you’re not fairly able to defend it with a patent utility simply but. In the event you want some further time to organize the appliance, you’ll be able to apply for a provisional patent as a substitute.

With a provisional patent utility, you’ll be able to shield your concept for as much as one 12 months when you finalize the small print of your official utility.

Primarily, this holds your house in step with the USPTO, stopping anybody else from acquiring rights to the thought earlier than you.

You’ll be able to use LegalZoom to file a provisional patent utility. Beginning at simply $199 plus submitting charges, it’s the best technique to get a provisional patent on-line.

The service has been used to grant “patent pending” standing greater than 65,000 instances, so you understand it’s a good service you’ll be able to depend on. 

Among the data required for this utility consists of:

• Title of the thought and invention
• Title and tackle of the inventor or inventors
• Official correspondence tackle
• Abstract of the thought
• Background of the thought
• An in depth description of the thought
• US authorities curiosity/possession (if relevant)

Drawings are non-compulsory, however they’re extremely really helpful to make sure issues go easily. That’s why we advocate getting skilled technical drawings made throughout the prototype course of within the earlier step. 

Step 5 – Rent a Patent Legal professional

With one thing as vital as a patent, it’s at all times in your finest curiosity to rent a lawyer. 

Keep in mind, this can be a lengthy and costly course of. You don’t need to spend two years of your life and as much as $25,000 simply to have the appliance rejected by the USPTO. 

A patent lawyer will assist be sure that your concept is patentable and helps stroll you thru all the pieces else to make sure its validity. Patents are ineffective should you can’t defend your concept in court docket in opposition to somebody infringing in your patent. An lawyer will assist make it possible for the patent is bulletproof.

LegalZoom provides an lawyer session throughout its two-step patent submitting course of. You’ll get to talk with a USPTO-registered agent over the cellphone to debate your concept. That’s step one of the method that additionally consists of technical illustrations and an non-compulsory patent search—beginning at $699. 

Along with the lawyer consultations out there with LegalZoom’s patent providers, you can even rent an impartial lawyer straight via this platform. 

Step 6 – File Your Patent Utility

Now it is advisable to submit and file the patent utility. In the event you adopted every step above, you’ll be prepared for this when the time comes. 

Once more, should you’ve simply filed a provisional patent and also you’re nonetheless engaged on the thought, the official patent utility should wait. You’ll have as much as a 12 months to work in your concept throughout the “patent pending” stage, however clearly, the earlier you’ll be able to apply, the higher. 

You’ll be able to at all times file your patent utility by yourself via the USPTO web site. The directions are comparatively straightforward to comply with.

However we advocate utilizing the lawyer you retained within the earlier step to assist with this course of. That’s one more reason why LegalZoom is so helpful for patenting an concept.

In the event you join LegalZoom’s two-part patent service, the appliance itself is a component two. 

You’ll have a follow-up session with a USPTO-registered lawyer who will put together as much as two drafts of the appliance. That lawyer may even file the finished utility electronically straight with the USPTO. 

Subsequent Steps

It’s a ready recreation after the appliance has been filed. Patent approval can take as much as two years after you’ve utilized. The USPTO provides in depth steering on what to anticipate all through the appliance course of, preserve your patent after approval, and the place to go for help.

Within the meantime, it is best to contemplate beginning a enterprise should you haven’t achieved so already. You should utilize the corporate to create, promote, or license your concept. Try our step-by-step information on create a enterprise for additional directions. 

Our brand-building information is one other helpful useful resource for serving to you market your concept, even whereas it’s within the “patent pending” phases.