How to get a Patent
How to Patent and Idea
To determine how to patent an idea – First you need an idea. Successful inventors are always in a ‘problem recognition mode.’ To put myself in ‘problem recognition mode’ I start with reminders by my bath room mirror, my monitor at work, and the night stand by my bed. In addition, I personally keep a crayon in the shower to jot down thoughts while I am relaxed by the soothing water and removed from daily noises that interrupt clear thought. Once you stop and recognize a problem or idea your mind will both consciously and subconsciously begin to think of ways to remedy or fix the problem. Here comes the invention!
Once you have a brilliant idea you’re ready for how to patent an idea? Getting a US patent prevents others from making, using, offering for sale, or selling your idea within the United States, and prevents others from importing it into the US. To patent an idea, you’ll need to research it first to make sure that your idea is both new and non obvious (not an insignificant change) and eligible for patent protection. If you determine that your idea gets over the patent hurdles and meets the criteria patent protection its time to review applying for a patent with the United States Patent and Trademark Office.
How to get a Patent
Contact an Experienced & Affordable US Patent Attorney:
How to get a Patent step 1: Patent Search – $450 to perform patent searches & provide you with copies of prior art references (US patents & published patent applications) located during our search of your invention. This is not an online search rather a search at the US Patent Office Search Room. To prepare a written patentability opinion, read and analyze each piece of prior art, and draft patentability opinion letter ($450-800) additional. Business Method patent search can run $500 to perform the search. Time 1-2 weeks ~$900 to perform a patent search at US Patent Office & prepare a written Opinion on scope of patentability.
How to get a patent Step 2: Patent Application -The attorney time to prepare a US regular patent application having title, technical field, background, brief summary, brief description of the drawings, detailed description of the preferred and selected alternate embodiments, one or more claims, an abstract, and one or more formal drawings of the invention ~$3.5-12k (estimate); however, the price depends on complexity of your invention, number of drawings, number of pages, number of embodiments and usefulness of any provisional application/written record of invention. Plus a filing fee of ~$550-~$1000 (estimate) payable to USPTO (depends on noumber of claims, figures, total page count), and $100 per page formal drawing draftsman charge. Time to prep: 3-4 weeks.~$4.0-12k. Please note, I can only quote a range since I do not know the details of the invention. Any additional service are at $300 an hour.
Provisional Patent – Provisional patent applications are US patent applications for a patent, meaning patent pending, which does not mature into an issued US patent (not examined by the USPTO) unless further steps are taken by the applicant within twelve (12) months of filing the provisional application. Such applications are designed to provide lower cost first patent filing by reducing the formal requirements, such as, not requiring formal drawings, claims, oath and declarations, or an information disclosure statement. However, if drafted properly (adequate technical written description and figures) the provisional application provides the inventor with an application priority date and “patent pending” status. Note a provisional application must be converted to a non-provisional application within one year of the filing date to maintain priority based on the provisional filing. Failure to file the non-provisional could result in loss of US patent rights, including a complete bar to obtaining a patent. Provisional patent applications are NOT examined by an Examiner at the USPTO. ~$950-1200
- Design Patent? – A US design patent, meaning patent pending, covers any new, original and ornamental design for a product (of manufacture) and has a term of 14 years in the US. The US design patent protects only the appearance of the article and not structural or useful features. Appearance includes visual ornamental characteristics embodied in, or applied to, an article of manufacture, including configuration or shape of an article, surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation of an article of manufacture. The written document of a US design patent includes a title, technical field, description of the drawings, a claim, and one or more drawings of the invention. There is not a provisional design application.
- Non Provisional Patent Application – A non provisional or utility patent application is a patent application that meets all the requirements of patentability set forth by the US Patent & Trademark Office (USPTO). Patents in the US generally have a term of 20 years from the date on which the earliest application for the patent was filed. The written document of a non provisional patent application comprises a specification, which includes a title, technical field, background, brief summary, brief description of the drawings, detailed description of the preferred and selected alternate embodiments, one or more claims, an abstract, and one or more formal drawings of the invention. The drawings must show every feature of the invention specified in the claims. Regular patent applications are examined by an Examiner at the USPTO, which take at least 18 months. The regular patent application provides the inventor with an application for patent having a priority date and “patent pending” status.