Applying for a patent is important. For one, it affords you the right of calling a new invention as “my invention.” The question you are probably asking is “How do I patent my invention?” For the unfamiliar, patenting is a way of protecting your novel ideas or product from being copied. A patent serves as a warning to deter people from infringing a novel concept or product. The process involved before being afforded the right to call a product as “my invention” can be a long-winding one.
Before sending any application to your country’s patent and trademark office, you have to determine if your new invention is actually patentable. The rules for what can be patented are rigid. In order for a new gadget to obtain a patent, it should be, first and foremost, novel. What this means is that an invention cannot be patented if it is identical to an existing product, has been described in publications and if it has been used publicly, or offered for sale prior to application. Another requisite to patent application is non-obviousness, which means for a product to be patented it has to show adequate inventiveness, and it should produce unexpected or surprising new results which are not anticipated by someone who has ordinary skill or familiarity with that existing technology. To further elucidate, let us use an example: the telephone technology developed by Alexander Graham Bell is patentable because it was not obvious to audio and sound engineers of Bell’s day. Simply changing or enhancing one aspect of a comparable item, color and size for instance, is not enough to obtain a patent. Third, it should have a useful purpose and it must be operative.
To help you determine if your idea or gadget is novel and inventive enough, you have to conduct a research. This is very important because it prevents you from wasting time and money for a patent that has already been granted. You have to remember that applying for patents is not the most modest of investments, and the fees cannot be refunded simply because of your oversight.
Some people believe that applying for a patent is as easy as applying for a job. They couldn’t be more wrong. Applying for a patent requires tons of paperwork which includes technical explanations of what the product is and what it does, blueprints, illustrations, as well as claims. Your patent application is basically a legal document. The better-written it is, the better the protection your patent will produce. Hence, it is often a good decision to hire the services of a patent attorney.
Even though prototype submission is no longer a requirement when applying for a patent for a new invention since 1995, it still better to have one. For one, it allows you to figure out design flaws. At the same time, they can help you sell your invention, and serve as your guide when making patent drawings. Prototypes can be expensive to make. Some inventors usually commission design studios to produce a virtual, animated prototype. Nowadays, you can also find PC software packages that help you create 3D virtual prototypes at home and run simulation tests on your invention using that virtual platform as well.
The entire patenting process can be financially demanding, even if you decide to do it without the help of agents and attorneys. Most inventors find it more practical to apply for a provisional patent which applies a patent pending status to the item for a year. In that year, investors can look for angel investors or companies that are interested in buying his ideas so that he can generate enough financial resources to apply for a non-provisional patent. Patent pending status is written on the label of your new invention to alert a third party to the fact that they may be infringing a patent if the product is copied after the patent is granted.
A patent is affords you the right to call a new product you created as invention. Patenting protects your new invention from infringers. Reasons why patenting your new inventions is important are also discussed here.