How to Get Ideas Patented

A patent is a form of intellectual property that grants the inventor of a new technology exclusive production rights for a certain period of time. Patents encourage innovation because they allow inventors to benefit from their own creations without having to worry about imitators stealing their ideas. Filing a patent is significantly more difficult than a copyright or trademark; patents require applications that outline technical details using legal terminology. Improper legal terminology may result in a patent that does not adequately protect an invention. Therefore, the best way to file a patent is to seek out the services of a patent attorney or agent.

Instructions

    • 1

      Read about the patent application process at the United States Trademark and Patent Office (USTPO) website (see Resources).

    • 2

      Use the search tools provided by USTPO to look for existing patents similar to your invention. If your design is too similar to another invention in form and function, you will not be able to patent it.

    • 3

      Create detailed written and visual descriptions of your invention, including schematics and drawings.

    • 4

      Enlist the service of an attorney or agent to help you apply for your patent. The USTPO sit includes an attorney and agent search tool. Generally, an attorney's services cost more than a patent agent's, as a patent agent does not have a law license.

    • 5

      Wait for your patent to be approved. Once you submit an application, you can claim that the invention is patent pending. Patents can take months or even years to be approved; using a patent-pending warning will allow you to seek back damages from infringement after the patent is issued.

Tips & Warnings

  • Copyrights and trademarks are sometimes confused with patents. Copyrights cover the right to reproduce original creative works, while trademarks cover rights to symbols, letters and words such as logos or brand signs.

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