Tip 17 – Do you need a patent? There’s a good chance you do.
Blog By Edward Ayres
I get asked this question all the time, “Is a patent important?” The short answer is yes. If you’re an independent inventor and you want to license your invention, aka get paid for it, a patent is critical.
The next question is, “Can’t I do it myself?” Again, the short answer is yes. However incorporated into the Patent & Trademark Office’s booklet, Basic Facts about Patents, is the following warning:
“While it is possible for an individual to successfully prepare and prosecute a patent application, we have found that the complexity of the laws, regulations and formal application requirements are often misunderstood or misinterpreted by persons who are untrained and unfamiliar with the patent process. The misunderstandings or misinterpretations often lead to errors which are costly if not impossible to rectify.”
We strongly recommend you only utilize registered patent practitioners to prepare, file and prosecute your patent application(s). Inventor Process, Inc. features highly-skilled, registered patent attorneys and agents in our network of industry specialist.
When pursuing a patent please note there are three types in the U.S.:
1. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.
- Non-Provisional Application – This is a full United States Utility Patent Application and provides 20 years of protection from date of filing. In general, these are the strongest form of patent protection and typically the most expensive. Before issuance the application is extensively reviewed by the examiners of the Patent & Trademark Office (PTO) and there is no guarantee it’ll be awarded. And that is one reason using qualified professionals is so important. Once filed, your invention will gain “patent pending” status.
- Provisional Application – This is a much more rapid and inexpensive process to obtain immediate “patent pending” protection. Once your invention is patent pending, we recommend you begin an aggressive marketing strategy. There are pros and cons to provisional patents. The pros are they are inexpensive and rapidly provide patent pending status. The cons are they expire after one year. To maintain protection and the priority date, a non-provisional application must be filed within that year. We believe provisional patent applications are the best method for inventors to initially protect and market their products. Who knows, during that year you may license your invention!
2. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
3. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
For independent inventors who often don’t have the funds to mass produce and distribute their own product, a patent is important. It is the vehicle that will allow you to achieve royalties for your invention. However, it only has value if it’s thorough and well prepared. There’s no room for a shortcut when it comes to patenting your invention.
Our network of professionals, which even boasts a former examiner from the Patent & Trademark Office, are here to help. Contact us for a free, confidential consultation.
We hope you enjoyed Tip 17. Please consider sharing this information as it may benefit an inventor you know. If you have questions don’t hesitate to contact us. Follow us on Facebook, Twitter and Google+. Check back next week for Tip #18.
Please Note: Inventor Process, Inc. is not a law firm and is not engaged in the practice of law. Inventor Process, Inc. does not and cannot practice before the U.S. patent office and does not offer legal and/or patent advice. We recommend our clients use registered patent attorneys / agents such as those in our network.
