Patenting a Product: What You Need to Know Before Filing?

There are a number of reasons why you should consider patenting your product. In fact, there are nearly 50 different advantages to having a patent for your product. And while you may think that it’s easy to get a simple patent, the process is actually quite lengthy and complicated. Here we’ll cover everything you need to know about how to file for a patent and what’s involved in the process.

1. Why you should patent your product

You should patent your product if you want to protect your intellectual property. It is true that there are other ways to protect your intellectual property, such as trademarks and copyrights, but a patent offers a little more protection. If you can get a patent, it will give you the legal right to stop competitors from copying your product and selling it for less.This will help ensure that your business stays profitable and that you maintain the competitive advantage you worked so hard to achieve.

The Benefits of a Patent

Patent applications need to be complete, and it should go without saying that you should have thorough and accurate information in your application. As we get into specifics, though, the process is quite complicated. It’s best to concentrate on the positives, rather than dwell on the negatives. It’s best to put your head in the sand and pretend that you don’t know about patents until you get a hint about what steps all patent holders should take. But here’s some good news: Many of the negative aspects of patenting are quite painful, thus making it worthwhile to take the time to learn. Here are some of the major benefits of patenting any product.

Priority Certification

Patents are one of the easiest ways to ensure that your product gets the most patent protection. Before you can have a patent granted, you need to have a complete and accurate patent application. Not only does this ensure that the idea for your patent is sound, but it ensures that the idea is right. As you probably know, there is no substitute for actually trying your product out yourself. This is why it’s vital that you allow someone else to try your product on a small scale. You don’t want claims only coming from you. As soon as there is a patent applied for, someone else will be able to produce your product and sell it for less. Having a patent ensures that any claims about your product will have to be taken from other people and not from you.

2. How to qualify for a patent

To qualify for a patent in Canada, you must: (1) be the first person to invent the technology; (2) apply for the patent within one year of when you invented it; and (3) prove that the invention is new and useful. If you meet all of these criteria, you can register a patent in Canada.But, there are quite a few other pre-requisite steps that you need to meet.

Proving that your invention is new and useful is a very important factor. Experts agree that new inventions are difficult to patent because it is difficult to prove that they are not already in use. That’s why Canada uses the term “abandoned patent,” which means that an inventor has claimed an invention that was in use before you and others have attempted to patent it. If you can prove that your invention is new and that you are the only inventor of the claimed invention, you can apply for a patent.

While there are more factors that you must meet before you can register your invention, the process is quite lengthy and complicated. Here are the steps you need to take:

Regardless of where you sell your product, the identity of your customer is also sensitive information that should not be published, uploaded, or shared. While it may seem that disclosing a customer’s personal info (name, address, etc.) is nice to know, in a world where privacy has been a hot topic lately, this could present a lot of trouble if you started taking patent requests for this information.

Your personal information should not be included in a patent request. For example, if you are attempting to patent a "dog walker” you should not include the email addresses of people that your dog walks — unless you plan on using those emails to notify customers about your new product.

In Canada, if an inventor discovers their invention has already been claimed by another, including your company, that other party is allowed to default to an abandoned patent.

3. What a provisional patent is and how it can help you

A provisional patent is a short-term patent that allows you to secure your idea for up to 1 year. It’s basically a placeholder for a full patent application, which you can file later on if you decide to continue pursuing your idea. A provisional patent gives you time to decide whether or not you want to invest more time and money into your idea.If you decide to proceed with a project and shell out the money for expensive patent attorneys and filing fees, then a full patent application could be a lot simpler.

If you compare the costs involved in a patent application to the time that you could put into a product and market it, a monetary investment could be a much smarter investment.

When you apply for a patent, most eBook publishers (such as McStatic) will have you supply detailed information about your proposed invention, along with illustrations, copious amounts of data, and explanations on how it works. Publishing a lot of this content on your website can take a lot of time, which means that you may want to either monetize the content or create a simple store for people to download your content. As an alternative to an application for your product, you can also seek a standard list of fundamental patents for product ideas from any an academic institution (such as Berkeley orMIT), which will give you a list of many important regular patents in your area. For an academic institution, it might cost an arm and a leg, but it’s a scalable way to quickly get the basic list of patent applications and a bunch of research papers on your website.

A patent is not a guarantee of success.After several months of diligently stalking the Patent Office for 'interesting' patents, sometimes they will assign a patent to someone else. This happened to me with a software patent idea recently: I assigned the property to a company in China for $1,000. Had I taken my time and applied for my product idea sooner, I could have easily sold the idea for $30,000.

4. Steps to filing a full patent application

Nazarian recommends the following steps to filing a full patent application: 1) Identify what you want to patent. 2) Research the market and make sure there isn’t anything like it on the market already. 3) Do a patent search to see if anyone else is working on anything similar. 4) Create a patent application 5) Patent the idea.Patents are extremely powerful but complicated. The idea behind a patent is pretty straightforward. You write a specification or abstract describing your invention and give it a title.

Patents can cover inventions that are physical or digital (though many digital patents don’t require a patent; the UK currently has 76 patent-eligible applications on software alone). You can apply for a patent even if you don’t have any specific prototype. It helps avoid patents lawyers writing applications when you’ve already demonstrated your invention in a physical device or app. Patents do require certain technical expertise and evidence for your claim, however.

The next step is for you to do a patent search to discover if anyone else has filed for your idea already. If you don’t do a patent search, it can look a little sketchy if someone else has filed for an identical-looking patent without asking you for permission first. Sometimes someone may simply file for the patent when they think they may be awarded their first patent, even if they never intend to actually patent anything.

Patents require you to file the application with the United Kingdom Patent and Trademark Office (UKIPO). The application must be original to you and must include a U.K. filing date. You must file the patent within seven years after you originally receive the invention from the inventor.

The application must describe substantially the product or process. It’s not enough to describe the physical changes to the device. For example, you must describe the “functional condition” of the device, including the “function of the components of the device.” Now, if you’ve previously described an idea in a physical device, patent lawyers can challenge the novelty of your invention and refuse to grant them a patent.

5. The cost of a patent application and the pros and cons of using a lawyer versus doing it yourself

In the United Kingdom, a patent can cost from $5,000 to $25,000, depending on the complexity. If you don’t have a lot of money to spend on a patent, there are a few things you can do.Prior to filing for a patent, make sure that your technology falls within one of the following categories:

Performance enhancing technology

A process, process method, or system (including any feature, method, or system) for improving performance of products or systems, provided by one or more methods or systems, comprising the steps of:

Copying a specific aspect of the provided feature or process, wherein steps are performed in a sequential or parallel manner; Wherein the provided feature or process is executable, wherein steps are not executed or the provided feature or process is not provided; or A combination of the steps above.

Compilation technology

A process, process method, or system (including any feature, method, or system) for compiling, generating, organizing, aggregating, structuring, or synthesizing information, provided by one or more methods or systems, wherein the steps of:

Copying a specific aspect of the provided feature or process, wherein steps are performed in a sequential or parallel manner; Wherein the provided feature or process is executable, wherein steps are not executed or the provided feature or process is not provided; or A combination of the steps above.

A "Feature or Process" Patent gives you Exclusive Use of a Specified Function

A patent can cover a whole new realm that can be so broad that it would be nearly impossible to describe with words like "process." To succeed, you’ll want to cover a specific feature or process in detail that can be demonstrated in your patent application.

For example, you may want to list the steps necessary to send an email and then discuss how each step is executed. These details would only be possible with a patent covering an essential function.

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