Five Things To Consider When You Get A Patent

You have put a lot of work into developing your idea and you have decided it is time to get a patent

. There are important things that need to be considered to get a patent. To help here is a rundown of what to expect with the process for getting a patent.

1. The first step is to perform a patent search. This is vital because you need to make sure that there isn't currently a patent on an idea similar to yours and that there haven't been patents filed before for something similar.

If one is found, you are going to have to go back to square one and invent something else. This keeps you from being at risk of getting in a whole lot of legal trouble. Filing for a patent on a similar product would constitute infringement on the legal owner of the patent's rights.

2. If you don't see that there is a patent already out there for your invention or something similar then you can proceed with the patent application process so that you can obtain the patent. Understand that this process is somewhat complicated and seeking professional help by a patent agent may be needed.

To start with you will need to write an overview of your invention, you will need to include actual drawings of your invention. You will also need to explain what it is you are patenting and why you want a patent for the invention. This step is as important as the first, should you not fill this part out correctly it could lead to trouble down the road or things could be misread.

During this time you can get a provisional patent. This means you fill out a provisional patent application and this allows you to mark your invention as "patent pending." This does not require any formal explanations or drawings and expires one year from application. But there is a utility patent application that can be filed before this application expires that will allow the patent pending status to remain until you receive the final decision from the patent office.

3. The most difficult part of the process is the waiting. Once you have filed the needed paperwork it can take 14 to 24 months before you hear anything. Then it can come back and not be approved, but they may be asking for corrections. So once you make the corrections and re-submit the waiting begins again.

4. Once the application is approved you can file for the patent. This part does not take as long but is very important that you make sure everything is in order from beginning to end. Then you will get an approval letter from the examiner and you will be on your way.

5) The publication is next and this usually happens within about 18 months. Now all you have to do is decide whether you are going to produce and market your idea yourself or if you are going to try and find a company to buy your invention.

When applying for a patent you should make sure that your idea is worth the time and the effort that is required to get a patent due to the fact that they are not cheap. By the time the patent process is complete is can cost you anywhere from $5k to $10K. This coupled with the long waiting period and if you are awarded the patent there is the added expense of production and marketing if you aren't going to sell the patent.

When the patent is given you also have to pay the patent issue fee. This fee takes care of the patent for the first few years. You, however, as the inventor will also be responsible for the maintenance fees to prevent your patent from becoming null and void.

Many make the mistake of going about the patent process on their own. While it is possible to get a patent without the help of an patent attorney, hiring one can help head off any potential legal issues. The verbiage that is used in your patent application will dictate the strength of your patent and if it is not worded precisely it will be you that learns the valuable and costly lesson in the end. Letting experts do what they do best is your best option.

Hopefully this guide has helped explain the patent application process as well as made you aware of the different options you have. Now Go Get Your Patent!

by: Terry Rhine

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