How to Patent a Product
The United States encourages technological development by protecting the rights of inventors with patents. These give the inventor exclusive right to manufacture or license their original product within the U.S. All U.S. patents are issued and maintained by the U.S. Patent and Trademark Office (USPTO), who maintains a robust website through which patent inquiries and applications can be made.
- Difficulty:
- Moderate
Instructions
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1
Determine eligibility. Patents are granted for inventions, not just theoretical ideas. And even then, the invention must not be too similar in structure or function to another patented product. Checking for existing patents is a mandatory part of the patent application process, and since there are fees involved in filing a patent, it's a good idea to check in advance if your invention has already been patented by someone else. This can be done online through the USPTO website.
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2
Request a provisional patent (optional). Some inventors choose to get a provisional patent, which gives them patent-like protections for a 12-month period before publicly disclosing their invention. This can not only provide time to further develop their prototype and begin marketing, it also gives an opportunity to organize the full patent application. A provisional patent results in "Patent Pending" status through a similar, but stripped-down version of the normal application process. File for a provisional patent through the USPTO website.
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3
Describe the product. The most important parts of a patent are the descriptions and claims of the invention. The description will detail the product's material composition, design and manufacture, usually in as broad terms as possible to offer the inventor broad rights. The claims portion of the patent explains what the product does and how, giving an inventor protection against competing products that achieve the same ends in the same way.
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4
Perfect the patent. A patent application is just that, an application. Often, the patent examiners will seek to negotiate the language of the claims and/or description to enhance its enforceability. The patent office tends to narrow patent language so its application is relatively specific, but firm. All of the negotiations between the examiners and the inventor enter into the public record of the patent, if issued. The inventor must reach an agreement with the examiners over the exact wording of the patent for it to be granted.
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Tips & Warnings
Many inventors hire lawyers familiar with patent law for the writing of their description and claims to produce as broad and strong a patent as possible. Though there can be substantial fees associated with filing a patent application and conducting a patent search, small entities can request a discounted fee schedule. For example, this brings the basic filing fee of $330 down to $165, and the design search fee of $100 down to $50.
There can be substantial fees associated with filing a patent application and conducting a patent search.
