How To Get A Patent-[The Ultimate Guide To Patent Success]


How To Get A Patent?

Out top most asked question gets to the heart of IP protection. Specifically, how to get a patent once you decide that you need it.

How to get a patent.

Let’s start with some basics; if you want to know how to patent something, then you need to understand how to apply for a patent- which means that you need to know the patent process.

In this post, we’ll describe how all of that works- including the patent filing process– for a US patent application. ( The process is slightly different in Europe and China; we’ll explain in a future post ).

We’ve broken down the patent process into 5 simple stages so you have an understanding about how to get patent protection for your ideas and you startup.

Can I get a patent?

First, you need to know if your idea is patent worthy. That is, does it meet the high standards put forth by the USPTO? For example, if you published your idea more than 1 year ago, you can’t get a patent for it in the US. In other countries, once you publish, you can’t get a patent at all! Your idea also has to fall into a patentable category in order to qualify. Click here for a tutorial to find out if your idea is patent worth. 

Has someone else already patented this idea?

You can ( optionally ) do a free search to find out if your are first to think of your idea. A great place to start your patent search is Google Patents ; just enter some keywords and go!

What do I need to include in my patent application?

You need to prepare your text and drawings. Your patent drawings tell the story of your idea. Your text tells the story of your drawings. This part doesn’t have to be hard. If you can white board your idea, then you are more than halfway to getting your drawings done. Your text and drawings together form your patent application. The process of getting a patent requires you to prepare this patent application.

patent application being filed

How To Get A Patent- Step By Step

What do I do with my patent application?

You’ll need to file your text and drawings, along with some forms, at a government patent office- this is how you file a patent. To be precise, this is the process of applying for a patent– by filing your patent application. In the US, this office is the USPTO or United States Patent & Trademark Office. For more on the USPTO, check this out.

How long does it take to get a patent?

Lastly- you wait. Eventually the examiner, a representative of the USPTO, will check your application and decide if your patent should be granted. You can’t patent your idea without this review process- but if you successfully navigate the review, then you’ll receive a patent. If the examiner isn’t completely happy with your patent application, then they’ll send you a letter- called an office action- to give you a chance to correct your application so that you can qualify.

This process is straightforward, but there are multiple moving parts. Got any questions? Well we have answers and would love to hear from you! Contact us here.


 

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  • […] getting a patent doesn’t have to be expensive. For one thing, as we discussed in our post on “How To Get A Patent”, the process takes several years. During that time, you will only need to pay for various stages […]