Within your mind’s eye, a patent office might conjure up a scene ripped through the pages of Harry Potter’s wizarding world, with long cramped hallways stacked with papers (pending patents) and frantic business folks running around attempting to beat the time. Little, tiny old clerks nearly covered by yet more leaning towers of papers (more pending patents) while they yell, “Next, please!” to the never ending line.
This may be a challenging image to a lot of – especially anybody who is seeking to patent an idea, concept or how to patent sometime this century. But, like Harry Potter himself, this scene is not really true-to-life – and though it may be certainly true that rushing into filing for a patent is rarely a wise idea, the process is not as harrowing as one might believe that has never set foot on the patent path. With a bit of patience along with the right approach, you may successfully and confidently file a patent and secure for your personal invention or idea the safekeeping it deserves.
As defined on dictionary.com, the very first three workable of the patent are applicable for our purposes, since they describe the various ways the term “patent” can be used within the invention industry. A patent is: 1) the exclusive right granted by way of a government with an inventor to manufacture, use, or sell an invention for the certain years; 2) patent idea or process protected from this right; 3) an official document conferring such a right; letters patent.
It’s been an extended process to perfect the patent over centuries around various areas of our world, but below are a few highlights. The notion of a patent is first seen historically in 500 BC where ancient Greek Sybians (now Italy) awarded and commended those who created “refinements in luxury.” Even closer to our contemporary history, England declared in 1623 that patents may be designed for “projects newest inventions” and would later need a description from the invention, just like our current day’s application. The first patent in the us was granted in 1790; then the following year in 1791, the French government devised a method that will grant patents without examination. And society has continued perfecting the procedure since then…
Protecting our rights as Americans has served like a founding principle of our country since its inception, so that it should come as no great surprise that there are laws as well as a system in position to protect our intellectual property, as well. The “Copyright Clause” in the states Constitution, Section 8, Clause 8, authorizes Congressional capability to grant both patents and copyrights. In twenty-first century America, all patents are filed with and granted by the us Patent and Trademark Office, a federal agency specifically designated for distributing patents, trademarks and copyrights and monitoring the complete, ongoing process.
In line with 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 yourself a patent’.” Here’s a hint: USEFUL can be a key word inside the above statement.
Protecting a potentially valuable idea or invention by using a patent might be the best move you ever make being an inventor – or it may end up being a huge total waste and cash should you don’t carry out this crucial 1st step during this process: FIRST evaluate if the cost of filing for a patent and protecting a perception is worth the charge it will create. In other words, is your idea truly unique and valuable – could it be worth a whole lot down the line? Or, includes a similar invention previously been created, which would render your invention obsolete or unimportant? Or is your concept, well, simply not sufficiently good to warrant filing and paying for a patent? Contemplate these tough questions now, you’ll be thankful later.
Before you even consider filing a patent, do your favor and commit to conducting a bit of research to figure out should your invention is definitely around, or if perhaps it can be feasible or marketable. Utilize the major search engines, and kind in possible keywords related to how to submit a patent and discover what turns up. And do take a moment sifting from the USPTO’s online database to uncover existing patents just like your invention. If this type of sounds overwhelming 19dexhpky you, it will be in the event you made an effort to search through every patent ever granted considering that the 1700’s by yourself. Luckily for you personally, the USPTO has established a Seven Step Strategy for conducting your very own patent search, if you’ve got the time and patience for your process as well as the confidence in your idea. While you’re online, try other free patent search resources like freepatentsonline.com, as well as engage a Professional Patent Searcher to complete the searching for you in the event the funds can be found.
Filing a patent will require some determination, time and patience – but it really doesn’t have to be scary or foreboding! Great things take some time, right?! Below, we’ve split up the core steps you need to take to find the patent ball rolling – and to give you some control over your inventive destiny!