Understanding Patents and Patent Protection

Do you believe you have a useful and unique idea that can be become an invention? If you do, you're likely thinking about how to protect your great idea. Even though the answer is simple, patenting your idea can be lengthy, complicated, and expensive. However, securing a patent is definitely the only way to protect your idea, whether you're planning to sell it to someone else, or produce it yourself. Without having a patent, your idea is free to be used by anyone, at anytime.

Benefits of a Patent

A secured patent provides the exclusive "rights to exclude others from producing, offering for sale, using or selling" an invention or importing the invention into the United States for 20 years.

5 Essential Steps to Patent Your Idea

1 - Consider if Your Idea is Unique

You should consider whether your idea is unique to determine if the idea is something that can be developed into an invention. Ideas are unable to be patented by themselves, it is required that your idea can be produced into a product, before the US Patent and Trademark Office (PTO) will issue a patent.

2 - Document Your Idea

You should carefully outline the overall concept of your invention, while including every detail regarding how it works, how it can be manufactured, and your marketing strategies before taking the documents to be notarized. Documentation is the key for providing proof that your idea for an invention was thought of before someone else. After your documents and drawings have been notarized, make sure you store them in a safe place.

3 - Perform a Patent Search

You should perform a patent search to be certain that your idea hasn't already been invented by someone else. A patent search is also beneficial for locating similar inventions to yours, which can save you money by modifying an existing product rather than creating a brand new one. Basic patent searches can be achieved online by visiting the US Patent and Trademark Office website, but a complete patent search that dates back more than 20 years will require significantly more research.

4 - Create a Prototype

You must create a prototype of your invention. A prototype is a specific model of your invention which enables you to present the design of your invention while applying for a patent. Prototypes are also valuable in helping you to see possible errors in your design or flaws in your idea.

5 - Apply for Your Patent

The US Patent and Trademark Office is where you should apply for a patent. With a provisional patent, it provides you protection for a specific time, during in which additional work can be achieved on your invention without the worry of it being stolen.

Securing a patent is definitely the only way to protect your idea. Without having a patent, your idea is free to be used by anyone, at anytime. If you're unsure of which patent to apply for, you should consult with a patent attorney before applying for a patent.