Think You Reinvented the Wheel? Learn How to Patent an Idea

The U.S. Patent and Trademark Office (USPTO) issued over 300,000 patents during the past year.

Once inspiration has hit you as an inventor or entrepreneur, the race is on to patent the idea, create a prototype, start manufacturing, and get it out to the market before someone else does.

Obtaining a patent, however, is a subject that can be quite confusing, especially if this is your first time doing it.

Wondering how to patent an idea? This article will discuss everything you need to know about that process.

What is a Patent?

This refers to a legal grant from the USPTO that gives an inventor exclusive ownership rights for the invention that they are working on.

However, you cannot patent an idea per se, rather, the invention that is being developed from the idea. As such, you should either have the invention, or its description when applying for the patent.

Types of Patents

There are three categories of patents recognized by the USPTO. They Include:

• Utility Patent

This is the most common patent type. It is designed to protect inventions that have a specific function.

• Design Patent

This patent protects non-functional parts of an item such as aesthetic qualities or a unique shape.

• Plant Patent

This is used to protect plants, such as vegetables or flowers, that someone has discovered/created then reproduced.

How to Patent an Idea

When starting a business driven by a unique idea, it is important to learn how to patent that idea in order to prevent other people from copying it and profiting from your hard work.

Filing a patent, is not a straightforward thing. It requires a significant investment of your time to research whether someone else has your idea, create detailed drawings, and use specific terminology to describe that idea.

This is why it is recommended that you use a patent attorney if this is your first rodeo.

Below is a brief outline of the basic steps you will need to take when filing a patent in the U.S:

1. Have a Written Record of Your Invention

You need to record each step of your invention process in a notebook. Make sure to diagram and describe any aspect or modification of the project, including your initial vision of the invention.

Depending on the project, you should also consider building and testing a prototype. All these efforts should be documented. After that, sign and date each entry. Also, have at least two other reliable witnesses signing the document as well.

2. Ensure that the Invention Qualifies for Patent Protection

As mentioned earlier, your idea is not enough to warrant patent protection. You need to show how your invention operates. Additionally, the invention must be novel (new).

This means that it needs to be different in various important aspects from any other inventions in that field.

As such, it is important to be sure that your invention is patentable. If it doesn’t, it is likely that your application is going to be rejected by USPTO’s patent examiners, resulting in wasted time, effort, and money.

3. Evaluate the Commercial Potential for Your Invention

The root behind any patent application is business.

Thus, even without utilizing the services of a patent attorney or professionally designed patent diagrams, you still stand to pay hundreds to thousands of dollars in fees in order to file and obtain a patent form the USPTO.

Therefore, before you commit to such an investment, it is imperative that you research the market you are hoping on entering. This is what is going to allow you to know whether it is an economically sound decision.

4. Perform a Thorough Patent Search

Unfortunately, just because you came up with the idea, does not mean that such an invention doesn’t already exist. As such, you must embark on investigating whether the invention is indeed new.

This will involve searching both U.S. and foreign patents, in addition to technical and scientific journals, to look for similar inventions.

Consider starting your research on the internet. Also, make sure that you visit the Patent and Trademark Depository Library. There, you will be able to search for even more patents in addition to getting help from the librarian.

As you conduct your search, it is highly likely that you will find inventions that are similar to yours.

As such, during your application, it is important that you show how your invention is different from similar inventions or how it improves on their functions.

5. Prepare and File an Application With the USPTO

When filing with the U.S. Patent and Trademark Office, you have a choice. You may either file a a provisional patent application or a regular patent application.

Nonetheless, a PPA is not an actual patent application. Instead, it simply allows you to claim a ‘patent pending’ status for the invention. As such, it only involves a small fraction of the cost and effort of a regular patent application.

All you need to file a PPA is an informal drawing of the invention, detailed description, and a small fee.

However, you will need to file an RPA within the first year of filing the PPA. If you don’t, you will no longer have rights to the PPA filing date. Inventors typically file a PPA so as to gain quick credibility with the aim of attracting investors.

Filing an RPA is what initiates the process of getting an actual patent.

Protecting Your Idea

Here’s an example of why you should patent an idea as soon as you get it:

Alexander Graham Bell is known as the father of the telephone.

However, did you know that a man known as Elisha Gray was also working at a similar project? In fact, it is said that Gray had made more developments on his project than Bell.

So, why does Bell get all the fame?

It’s simple; Bell filed for the patent first. In fact, they both filed on the same day, but Bell’s application was first!

As such, if you have an idea that you think is revolutionary, it is imperative that you embark on patenting your invention as soon as possible.

After patenting your idea, look into the ‘Startup’ section of our blog to learn more about how to get your new business up and running.