Difference between revisions of "Patent an Invention"
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#*Though you will apply for a different type of patent, you can also patent an ornamental design of an article of manufacture or an asexually reproduced plant variety. | #*Though you will apply for a different type of patent, you can also patent an ornamental design of an article of manufacture or an asexually reproduced plant variety. | ||
#*In addition, your invention must provide some utility to society, must not be offensive to public standards of morality, and must be novel, non-obvious, adequately described or enabled, and claimed by the inventor in clear and definite terms. | #*In addition, your invention must provide some utility to society, must not be offensive to public standards of morality, and must be novel, non-obvious, adequately described or enabled, and claimed by the inventor in clear and definite terms. | ||
| − | #Understand what cannot be patented. There are several ideas or products of human labor that cannot be patented, although many can be protected through other channels such as securing a copyright. You cannot patent: laws of nature, physical phenomena, abstract ideas, literary, dramatic, musical, and artistic works (you need a copyright for these).<ref>http://www.uspto.gov/inventors/patents.jsp</ref> | + | #Understand what cannot be patented. There are several ideas or products of human labor that cannot be patented, although many can be protected through other channels such as securing a copyright. You cannot patent: laws of nature, physical phenomena, abstract ideas, literary, dramatic, musical, and artistic works (you need a copyright for these).<ref name="rf1">http://www.uspto.gov/inventors/patents.jsp</ref> |
#Determine the type of patent you need to protect your invention. | #Determine the type of patent you need to protect your invention. | ||
#*Apply for a '''utility patent''' for a product that has a specific, clearly-defined benefit to society. Most inventions fall into this category. Patent protection offered by a utility patent lasts for 20 years from the day the patent is granted. | #*Apply for a '''utility patent''' for a product that has a specific, clearly-defined benefit to society. Most inventions fall into this category. Patent protection offered by a utility patent lasts for 20 years from the day the patent is granted. | ||
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#*Examine the drawings and claims sections of each patent to quickly pick out similarities or differences between your invention and another. | #*Examine the drawings and claims sections of each patent to quickly pick out similarities or differences between your invention and another. | ||
#*Write down the references that other patents cite to direct you to similar patents. | #*Write down the references that other patents cite to direct you to similar patents. | ||
| − | #Perform a keyword search if you are having difficulty finding an appropriate subclass. Choose "Patent Process" from the drop-down "Patent" menu on the USPTO homepage and click on the link called "Search for Patents." Under "Searching Full Text Patents (Since 1976)", click on "Advanced Search" and type your keywords into the search box. Click on the patent number to view the full text.<ref>http://www.lib.utexas.edu/engin/patent-tutorial/tutorial/conclusion.html</ref> | + | #Perform a keyword search if you are having difficulty finding an appropriate subclass. Choose "Patent Process" from the drop-down "Patent" menu on the USPTO homepage and click on the link called "Search for Patents." Under "Searching Full Text Patents (Since 1976)", click on "Advanced Search" and type your keywords into the search box. Click on the patent number to view the full text.<ref name="rf2">http://www.lib.utexas.edu/engin/patent-tutorial/tutorial/conclusion.html</ref> |
===Filing a Patent Application=== | ===Filing a Patent Application=== | ||
# Decide whether you wish to file a provisional or a non-provisional patent application. The provisional application is associated with relatively inexpensive filing fees but serves merely to "hold your place in line" at the patent office for up to one year. If you do not file a non-provisional application within that year, all your rights to your provisional application will be abandoned. | # Decide whether you wish to file a provisional or a non-provisional patent application. The provisional application is associated with relatively inexpensive filing fees but serves merely to "hold your place in line" at the patent office for up to one year. If you do not file a non-provisional application within that year, all your rights to your provisional application will be abandoned. | ||
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#*Executed oath or declaration. This is an oath or declaration that the product was your original invention. It must be certified before a notary public or other officer authorized to administer oaths. | #*Executed oath or declaration. This is an oath or declaration that the product was your original invention. It must be certified before a notary public or other officer authorized to administer oaths. | ||
#Make sure your documents are in the specified dimensions and written in English. You can use any standard word processing program such as Microsoft Word, and the documents can be in .doc or PDF form. If you need to scan drawings or diagrams, they must be in PDF form. Make sure your documents contain at least a one-inch left margin and a 3/4-inch right, top, and bottom margin. All documents must be one and a half or double spaced. | #Make sure your documents are in the specified dimensions and written in English. You can use any standard word processing program such as Microsoft Word, and the documents can be in .doc or PDF form. If you need to scan drawings or diagrams, they must be in PDF form. Make sure your documents contain at least a one-inch left margin and a 3/4-inch right, top, and bottom margin. All documents must be one and a half or double spaced. | ||
| − | #Submit the required documents in a single packet at the same time. You will receive an application number and a filing date after you submit your materials. The filing date will be the date that the USPTO receives your application, not necessarily the day that you file the application.<ref>http://www.uspto.gov/patents/resources/general_info_concerning_patents.jsp#heading-12</ref> | + | #Submit the required documents in a single packet at the same time. You will receive an application number and a filing date after you submit your materials. The filing date will be the date that the USPTO receives your application, not necessarily the day that you file the application.<ref name="rf3">http://www.uspto.gov/patents/resources/general_info_concerning_patents.jsp#heading-12</ref> |
===Receiving and Maintaining Your Patent=== | ===Receiving and Maintaining Your Patent=== | ||
#Wait for the USPTO to evaluate your application. After an application is filed, the USPTO will conduct their own patent search to check for duplicates and conflicting inventions. | #Wait for the USPTO to evaluate your application. After an application is filed, the USPTO will conduct their own patent search to check for duplicates and conflicting inventions. | ||
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#Enjoy the the right to exclude others from "making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States.” You can now manufacture your invention without fear of your idea being stolen for 14-20 years, depending on the type of patent you were issued. | #Enjoy the the right to exclude others from "making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States.” You can now manufacture your invention without fear of your idea being stolen for 14-20 years, depending on the type of patent you were issued. | ||
#Be sure to pay your maintenance fees. To maintain a patent in force, you must pay fees due at 3 1/2, 7 1/2, and 11 1/2 years from the date the patent is granted. If you fail to pay these fees, your patent may expire early. | #Be sure to pay your maintenance fees. To maintain a patent in force, you must pay fees due at 3 1/2, 7 1/2, and 11 1/2 years from the date the patent is granted. If you fail to pay these fees, your patent may expire early. | ||
| − | #Sell or mortgage your patent. A patent is personal property and may be sold, mortgaged, bequeathed by a will, or passed to future heirs. A written document is required to transfer a patent. <ref | + | #Sell or mortgage your patent. A patent is personal property and may be sold, mortgaged, bequeathed by a will, or passed to future heirs. A written document is required to transfer a patent. <ref name="rf3" /> |
== Tips == | == Tips == | ||
