How To Get A Patent On Your Own?
Imagine you have a brilliant concept for a product or an innovation. One that might bring you riches once it is manufactured due to its potential for a great demand. But others may find it alluring because of that. How can you prevent someone from stealing your idea or claiming it as their own?
A strategy to ensure your exclusivity rights is to get a patent on your innovation. However, retaining a patent attorney maybe expensive.
On the one hand, paying a lawyer’s fee maybe a wise investment if the patent is complex or raises significant legal concerns since a lawyer’s experience and judgment are required to safeguard your interests.
On the other hand, there are several circumstances where a patent application may not require a patent attorney. Self-handling the procedure might save you thousands of dollars in attorney expenses while also giving you more control over it. Let’s examine the procedures needed to apply for a patent on your own.
Filing a Patent Without an Attorney
Numerous inventors have handled the patent system on their own with success. According to federal law, patent examiners at the U.S. Patent and Trademark Office (USPTO) assist unrepresented inventors who submit patent applications.
Acquiring these talents is similar to learning any other ability, whether installing a deck, fixing an automobile, or creating fine cuisine, because they are not “legal” skills. Some steps are simple, while others are more challenging. But you can get a U.S. patent by going through the procedure.
Steps to Filing a Patent Application
The fundamental processes you must complete before submitting a patent application in the United States are briefly outlined here. Again, nothing in this procedure necessitates the use of a lawyer; there is no court, no judge, and no need for a “legal” investigation.
However, the USPTO has unique regulations that might be challenging to understand and adhere to. But you may adhere to them, just like a cookbook recipe.
- Keep a Record of Your Invention in Writing
In a notepad, note each phase of the innovation process. Include a description and a schematic of every feature and alteration of the invention, detailing how you first came up with the concept.
Additionally, depending on the invention, you might wish to create and test a prototype. Keep track of all of these attempts. Each entry should be dated, signed, and attested by two trustworthy witnesses.
- Be sure that your invention is eligible for patent protection
You cannot just apply for a patent based on a concept. Your invention must be demonstrated in action. Your creation must also be brand-new (or “novel” in the parlance of patent lawyers). This implies that it must differ significantly from all other inventions in that sector.
If it’s likely that the USPTO’s patent examiners will reject your application right away, there is no use in spending time and money applying for a patent. To discover more about the kinds of innovations that are eligible.
- Check Your Invention’s Commercial Potential
A business choice is making a patent application. You may have to spend hundreds or even thousands of dollars in drafting, filing and application fees to the USPTO, even if you don’t hire professional patent drawings or a patent attorney.
Research the market you want to join before investing to see if it’s worthwhile.
- Carry out a Complete Patent Search
You must look into all prior advances in your sector to ensure your innovation is novel. This entails looking out for relevant inventions in U.S. (and perhaps international) patents and other sources like scientific and technical periodicals.
Even though patent searching takes time, it can be mastered with enough effort. You are the ideal person to start the search even if you decide to employ a professional later on in the process since you are the one who knows your innovation the best of everyone.
Internet research is an excellent place to start, but you might also wish to stop by a Patent and Trademark Depository Library. There, you may look for older patents and receive assistance from a librarian.
You will undoubtedly come across similar inventions when you search. It would be best to describe how your innovation differs from or advances upon these past advancements in your application.
- Prepare an application and submit it to the USPTO.
You have an option when you file with the USPTO. A complete regular patent application (RPA) or a provisional patent application may be submitted (PPA).
A PPA does not constitute a formal patent application. You may claim “patent pending” status for the innovation by submitting a PPA, which is far simpler to do and less expensive than submitting a traditional patent application.
The only requirements for submitting a PPA are:
- A filing fee ($65 for micro-entities, $130 for small organizations, and $260 for big businesses).
- A thorough explanation of the invention explains how to create and utilize it.
- An informal drawing.
Then, one year after submitting the PPA, you must submit an RPA. If not, you will no longer be able to use the PPA filing date. Inventors sometimes submit a PPA to establish rapid credibility and potentially draw investors.
The regular patent application (RPA): Submitting an RPA initiates the USPTO’s inspection procedure, which is required to get the actual patent.