How to patent an idea or products

How to patent an idea or products

Ding! We all love the sound of a million-dollar idea. However, before you execute your plan, it will be a good idea to protect your intellectual property. Understandably, the process might seem daunting, but getting patented products will prevent others to earn off of your ideas and work. It is important to know that ideas alone can’t be patented. An invention based on the idea should be developed or have a blueprint to patented products.
About USPTO: (H2)
The United States Patent and Trademark Office (USPTO or Office) is an agency of the U.S. Department of Commerce. USPTO grants patents for the protection of creators and registers trademarks. It also plays a major role in assisting the Government of the United States in matters involving domestic and international features of Intellectual Property. The Office aims to promote and preserve the industrial, technical and artistic progress of its nation by protecting an inventor's patented products.

The patent law of the US extensively specifies all subject matters for which a patent may be obtained. This law keeps the United States Patent and Trademark Office in charge to administer granting patents and other services relating to patents.
Types of patents: (H2)
There are 3 types of patents accepted by USPTO:
  1. Utility patents: These are the most common patents, usually granted to “new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof”
  2. Design patents: focuses on the visual aspect of a product, usually granted to “ anyone who invents a new, original, and ornamental design for an article of manufacture”
  3. Plant patents: these patents are issues to people who “invent or discover and asexually reproduce any distinct and new variety of plant.”
Here are some steps to help your process:
Step 1:
Before you fill the form, remember to do a thorough research about your ideas and ensure if it is eligible to be  patented products. 
Review the USPTO’s website and search the list to know if your patent has not already been issued or under process. It is advisable to get a Patent attorney who understands the laws of USPTO and can help you get a patent. If you find inventions similar to yours, you need to defend why your invention is better or different from other existing products. 
To get patented products, your idea should be:
  1. Useful: this means that “useful refers to the condition that the subject matter has a useful purpose and also includes cooperativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.”- USPTO. All inventions should benefit the users by making their intended work simpler. 
  1. New: no one should have similar patented products before you. If it already exists and has been patented, your idea will be rejected.
  1. Not- obvious: this rule means “an oral presentation at a scientific meeting, a demonstration at a trade show, a lecture or speech, a statement made on the radio talk show, a YouTube™ video, or a website or other online material.”
Try to keep a record of how you came up with the idea of this product and mark its progress. Do remember to give limited access and NDA forms to all employees or contractors. It is advisable to draft a NDA with your Patent lawyer to avoid any disclosure of information and make sure that you’re the sole owner of your work.
Step 2:
Instead of completely relying on an NDA, work with your patent attorney to get your file filled and have patented products. After you get a patent, you don’t have to worry about your information being stolen. A U.S. provisional patent allows the inventor to protect their invention without formal patent claims or any disclosure statement. 
Have a prototype ready when you file for a patent which highlights all key features of your inventions. Not only is it a tangible proof, but it also allows you to show the Office a working model. 
Step 3:
When you are filing your patent application, make sure to include these things:
  • A patent application form and data sheets
  • Fees
  • The product’s specifications (model or blueprints)
  • An executed oath or declaration
Make sure to fill the right application for your inventions from the following:
  1. Provisional patent application (PPA): allows you to enter Patent pending status. This application requires less work and is cheaper than NPA. Filing for this patent only requires a drawing or detailed description of your product.
  2. Non-provisional Patent Application: a formal application submitted to USPTO. They require a specification related to your product and gives you the ownership of patented products. You patent attorney will recommend the best course of action for your project
Step 4:
After you’ve filled your application, USPTO will begin its process to review your application. However, do not expect a quick reply from the Office. It takes more than 12 months to get an answer from them, so be patient. If rejected, you and your lawyer can appeal again with the required changes. On the other hand, if all responses are positive, you will be granted a patent after paying the required fees. Therefore, you will be the proud owner of a one-of-a-kind patent product.


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