Many people spend years perfecting an invention or an idea. Then, when it comes to taking it to market, they fail to protect their intellectual property rights, meaning that anyone can copy their invention and they will have no recourse through the courts. The beauty of filing for a patent is that once granted, the intellectual property will be yours and nobody can copy your idea. The Patent process is not that straightforward, so here we are going to take a look at how to file a patent for your business.
Decide on the Patent Type
In the US, patents fall into two main categories: a utility patent or a design patent. A utility patent will protect the overall idea behind an invention i.e. how it actually works. It will cover the structure of any invention and any functionality that is integral to how it works. A design patent, on the other hand, applies to the overall look of the item, an Apple iPhone for example, and ensures that no one can copy the actual design of your product, not necessarily its functionality. So depending on your needs, both types of patents are incredibly useful when it comes to protecting your intellectual property. You will not be protected forever, however, as the standard patent will be granted for 20 years, but this still leaves you ample time to monetize your product.
Check Your Idea Hasn’t Already Been Invented
Once you have decided what type of patent you want to go for, then you must check that no one has already protected your big idea. You do not want to be wasting a single dollar if you have no chance of succeeding with your filing. Trawl through the USPTO website carefully and check every product that could bear a passing resemblance to yours. You also need to double-check that your idea is actually patentable, so make sure you do your research thoroughly.
Hire an Attorney
The process can be rather convoluted from this stage, so it makes sense to hire an experienced lawyer to handle the process for you and to make sure that there are no errors with your filing. Mistakes here can prove very expensive later on. Find an attorney close to you, so if you live in Detroit, a Michigan based firm would be appropriate, as you will then be able to discuss the nuances of your filing on a one to one basis. This will be very important, especially if many technical designs are included.
File a Provisional Patent
Even if your design or invention is not complete, it is still very important to file a provisional application. This is because, in the USA, it doesn’t matter who invented a product first, all that matters is who filed the patent first. This may seem unfair, but whether you like it or not, it is how the system works so you have to adapt and deal with it.
Prepare the Formal Application
This is the stage when your attorney will earn their salt. It is quite an onerous process as you will need to prepare documents that summarize the specifications of your design or invention, alongside a detailed background description of what it does and what it is for. You will need to show all the ramifications of your design and its intended use and also justify why it deserves a patent. This is the most important part of the whole application, so take your time over it.
Discuss with the Patent Office
Once your application has been submitted, a patent officer will be assigned to your case. They will most likely seek many clarifications from you and may require more evidence that your product does what it says it does or may seek to clarify that you are not infringing on another patent. During this stage, you will need to work closely with the officer and will need to answer all of their questions in a timely and cooperative manner, as it could make or break whether your application is approved or not.
As we have learned, the process of having a patent for your business approved is not easy. To make sure everything runs smoothly, it is worth hiring an experienced lawyer. You will have to convince the patent office that your design or invention is unique and that it is patentable, and you need to protect your design with a provisional application whilst you formalize your main application. Follow these steps and hopefully you will on the way to being patent protected!
I’m a 20-something stay-at-home mother and wife. I have an amazing husband, a beautiful daughter, two loving dogs, and a lazy cat. I wouldn’t change my life for anything! I love to read, listen to music, cook and blog!
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