How to Get a Patent in 5 Steps

Patents are a form of intellectual property that gives you exclusive rights to your invention or process. If someone tries to sell your idea or product without your permission, you can sue them for patent infringement. Here’s everything you need to know about how to get a patent in 5 simple steps.

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Understand Your Invention

Before you take any steps toward getting a patent, it is crucial that you evaluate your invention as deeply as possible. This not only helps to identify errors or problems with the design of the product itself but also identifies potential costs and benefits associated with its production and sale.

 Once complete, this evaluation will form the basis for any future patent application you may make and is important both in terms of ensuring that you go for the right patent protection (e.g. whether to pursue a utility or design patent) but also that it provides a solid foundation on which your claim can be built later, should you need to sue someone for stealing your idea.

This process, in fact, is likely to be the most crucial part of the entire patent application process and should not be rushed.

Although there are few clear guidelines for how you conduct such an evaluation, this article offers some basic steps that need to be included:

Understand how your product works. This is perhaps the most fundamental aspect of understanding your invention. Most inventions technically work in a variety of different ways, and it's important to fully understand each component within the design so that you can explain this later on in an application for a patent.

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Research Your Invention and the Market

Once you have evaluated your invention and know where it fits best, you should start looking at what else is out there. It may be that someone has already developed a similar product but it could also be that your potential market simply isn't big enough to warrant further investment. Either way, researching existing products will give you a good idea of what you can expect in terms of sales, production costs and profit margins.

If your product is new then this research process is all the more important as it will help to ensure that your idea has both a market and an appeal in that market. Conducting surveys to determine how much consumers would be willing to pay for your invention and what features they would like to see is a good place to start. You should also consider how easy your invention is to manufacture and whether it fits well within the existing marketplace for that particular product type. If all of these points are positive then you should have a strong foundation on which to build your patent, making it far more likely that it will stand up in court.

If you decide to move ahead with this process then it's necessary to consult an attorney from the very start. They will be able to advise you on exactly what kind of information you need and how best to collect that data without breaking any laws yourself (there are strict rules regarding both telephone calls and email which must be followed).

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Choose the Type of Protection Suited to Your Invention

Now that you have evaluated your invention and researched the market it is time to decide what form of patent protection would be most suited to your product. Whilst in many cases this might be a relatively simple decision, e.g. focusing on design protection if you have created a new type of product packaging, there are also many grey areas between different forms of protection. In these instances, it is always best to seek a patent attorney's advice because he or she will have experience in the types of claims that have been successful in the past and also how judges tend to interpret certain pieces of legislation. Whilst you can make an application for a patent yourself, even if it were legally valid this would not protect you against someone else making the same claim at a later date. If one of these applications is accepted then your own claim could be seen as invalid by courts and ultimately rejected.

Unless you are planning to sell your product directly then the best way to protect it is by patenting the idea instead. Your product, as a physical entity, doesn't need to be patented but if someone else tries to make use of the ideas behind its creation then they will be liable for prosecution.

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Draft Your Patent Application

By this point in the process, you will have a good idea of what form of patent protection you need and can start to draft your application. This is vital for not only ensuring that it meets all legal requirements but also that it does not contain any mistakes or errors that could prevent your claim from proceeding should it be challenged later on. As you draft your application, you should also begin to think about how and when it will be filed. For most countries, it is important that you file before a competitor does in order for your claim to be recognized as 'first to file'. However, if you wait longer then the law may grant you additional protection against later claims or allow you to pursue other avenues of compensation. In any case, you should not file until you are completely satisfied with the claim and have proofread it carefully for mistakes. It is also important not to copy another patent or application as this can be interpreted as plagiarism and invalidate your claim altogether.

As soon as your application is complete you will need to pay a fee to the relevant authority in order for it to be accepted. Different countries set different fees but they can range from around $200 up to several thousand dollars depending on how many claims you are making and what type of property right is being claimed.

Wait for a Formal Response

Finally, once your application is submitted it will be examined by the relevant patent office and another type of patent attorney (known as an examiner) who will check that you have followed all the correct steps. If your patent is granted then great! However, if it isn't then you may need to make adjustments or try again at a later date.

Thank you for reading this article.