With your mind’s eye, a patent office might conjure up a scene ripped from your pages of Harry Potter’s wizarding world, with long cramped hallways stacked with papers (pending patents) and frantic business folks walking around attempting to beat the clock. Little, tiny old clerks nearly included in yet more leaning towers of papers (more pending patents) as they yell, “Next, please!” on the never ending line.
This could be an overwhelming image to a lot of – especially anyone that is looking to patent a concept, concept or getting a patent sometime this century. But, like Harry Potter himself, this scene is not true-to-life – and though it may be certainly genuine that rushing into filing for a patent is NEVER a great idea, the process is not as harrowing as you might believe having never set foot around the patent path. With a small amount of patience along with the right plan of action, it is possible to successfully and confidently file a patent and secure to your invention or idea the safekeeping it deserves.
As defined on dictionary.com, the first three workable of a patent are applicable for the purposes, because they describe the various ways the word “patent” can be used in the invention industry. A patent is: 1) the exclusive right granted with a government to an inventor to manufacture, use, or sell an invention to get a certain years; 2) how to patent your idea or process protected through this right; 3) an official document conferring such a right; letters patent.
It’s been an extensive process to perfect the patent over centuries around various elements of our society, but here are a few highlights. The thought of a patent is first seen historically in 500 BC where ancient Greek Sybians (now Italy) awarded and commended individuals who created “refinements in luxury.” Nearer to our modern day history, England declared in 1623 that patents may be designed for “projects of brand new inventions” and would later demand a description of the invention, similar to our current day’s application. The first patent in the united states was granted in 1790; then your following year in 1791, french government devised a process that will grant patents without examination. And society has continued perfecting this process since that time…
Protecting our rights as Americans has served as being a founding principle of the country since its inception, therefore it should come as no surprise that we now have laws and a system into position to guard our intellectual property, as well. The “Copyright Clause” in america Constitution, Section 8, Clause 8, authorizes Congressional capacity to grant both patents and copyrights. In twenty-first century America, all patents are filed with and granted by america Patent and Trademark Office, a federal agency specifically designated for distributing patents, trademarks and copyrights and monitoring the entire, ongoing process.
According to the USPTO, “any person who ‘invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may get a patent’.” Here’s a hint: USEFUL is a key word from the above statement.
Protecting a potentially valuable idea or invention with a patent may be the best move you ever make being an inventor – or it could possibly turn out to be a massive waste of time and money in the event you don’t execute this crucial 1st step during this process: FIRST determine if the expense of filing for a patent and protecting an idea is worth the price it would create. To put it differently, is the idea truly unique and valuable – could it be worth a great deal down the line? Or, features a similar invention previously been created, which would render your invention obsolete or unimportant? Or maybe your concept, well, hardly sufficiently good to warrant filing for and spending money on a patent? Think about these tough questions now, you’ll be thankful later.
Before you even consider filing a patent, do yourself a favor and decide on conducting a bit of research to find out if your invention has already been around the world, or maybe if it would even be feasible or marketable. Utilize the major search engines, and type in possible keywords associated with how to obtain a patent and discover what turns up. And do take a moment sifting through the USPTO’s online database to uncover existing patents comparable to your invention. If this type of sounds overwhelming 19dexhpky you, it might be if you tried to sort through each patent ever granted because the 1700’s all by yourself. Luckily for you personally, the USPTO has established a Seven Step Strategy for conducting your own personal patent search, if you’ve got the some perserverance for your process and the confidence inside your idea. While you’re online, try other free patent search resources like freepatentsonline.com, or perhaps work with a Professional Patent Searcher to complete the in search of you in the event the funds are offered.
Filing a patent can take some determination, some perserverance – however it doesn’t really need to be scary or foreboding! Great things require time, right?! Below, we’ve separated the core steps you should take to have the patent ball rolling – and to offer you some power over your inventive destiny!