How Does a Patent Work?

If you have come up with a unique invention, you can acquire a patent from the government to protect your idea from being copied by someone else. Modern day patents can be traced back to Italy in the 15th century when the local government kept track of new and creative devices to confirm original ownership. In the United States, the first patent was handed out in 1770.

While obtaining a patent differs depending on the specific country, the device has to typically meet a few qualifications. First of all, it must be considered a new idea and not simply a small alteration of an existing idea. In the United States, the easiest way to check to make sure your invention is utilizing a new idea is to do a search of the existing patent database. This can be accomplished at the U.S. Patent Office website (USPTO.gov).

The second step is to put your invention idea on paper. An idea itself cannot be patented unless it can be described thoroughly. For machines or other tangible options, this step includes a drawing of the object with all aspects fully specified. If you already have a working model, a photograph of it won't be enough as more details are needed.

Next, you need to complete a patent application. In the U.S., the application can be downloaded and printed from USPTO.gov. The documents included require a lengthy amount of information about the proposed invention. Once you have completed the application, you need to send it in with all pertinent documentation.

The final step is for a patent examiner to determine whether or not your invention is eligible and qualified to receive a patent. This aspect of the patent process is the most time intensive, as it can take upwards of two years to successfully receive a working patent from the government.

If you do not want to tackle the patent application and filing process by yourself, acquiring the services of a patent attorney can make it much easier. Patent attorneys can research your idea, help you put it on paper, fill out the necessary paperwork and keep track of any updates or modifications that may need to be made on the application. Even after the patent has been granted, the attorney can help ensure that your patent is respected and others do not infringe on your rights.

In the United States, most patents have a lifespan of 20 years. However, in certain circumstances, the number of years can be extended.

Resources

• U.S. Patent Office website