If you have had a great idea or invented something, you want to make sure that you hold the rights to that idea or invention. The way to go about getting protection for your rights as a creator is to get a patent. There are many steps involved in the patent application process, and these steps can be complicated and time-consuming. You want to focus on your new idea—developing, marketing, and branding—and don’t want to spend hours, days, or weeks struggling trying to figure out how to write a patent application. Our experienced patent preparation experts at Thompson Patent Law can help guide you through the process and take the burden off of your shoulders. Call our office today at (512) 649-1046.
How Do I Know if My Idea Qualifies for a Patent?
The U.S. Patent and Trademark Office (USPTO) has defined 5 qualifications for subject matter to be patentable. The first is that the item or idea falls under the U.S. Congress‘s definition of what is patentable. This includes any “new and useful” process, machine, manufactured item, or composition of matter. It does not include any natural processes. So, for example, you could not patent gravity. Another qualification is that the invention must be new or novel. It must also show utility—in other words, it must be useful. Furthermore, the invention must be “non-obvious.” This means that the invention cannot be the next logical step from something that is already patented. This question of “non-obviousness” is often where there is a lot of back-and-forth between the USPTO and the applicant. You will start to lose your rights to patent your invention if the idea is publicly disclosed or commercialized in any way.
What Types of Patents Are There?
Utility patents are the most common and cover methods, processes, and apparatus (machines). Design patents cover decorative designs that do not have a physical function beyond ornamentation, such as artwork, a fabric or wallpaper pattern, or a logo design. Design patents are sometimes obtained in addition to a utility patent if there are ornamental aspects of the patented item that need protection in addition to its function. Utility patents expire 20 years from their earliest applicable priority date. Design patents expire 15 years after they are issued by the U.S. Patent Office.
How Do I Know if My Idea or Invention has Already Been Patented by Someone Else?
One of the most important steps early in the patent preparation process is to determine that your idea or invention is truly “new or novel,” that someone else hasn’t already patented an idea similar to or the same as yours, and that your patent application passes the test of non-obviousness. We accomplish this, in part, by conducting a prior art search (or patentability search), which seeks out any publicly-available documents, called “prior art,” to determine that your idea or invention is different enough from any other patented ideas or inventions and that your subject matter is not the next logical step in a process that has already been patented (the non-obviousness test). Conducting a patent search is an exceptionally detail-oriented task and calls for expert judgment in almost every case. Without the benefit of an expert who knows how to correctly handle legal questions of obviousness, inventors take expensive and unnecessary risks when they decide whether or not to file for a patent. Let one of our accomplished patent experts help you with the process.
Is it Worth It to Hire a Patent Preparation Attorney?
Preparing to file for a patent application requires excellent research, experience, judgment, and time. If you are not well-versed in the laws and regulations surrounding the granting of patents, you may miss steps that put your patent application in jeopardy. You need to protect your great idea and invention before someone copies it. The knowledge and experience of a licensed patent attorney can help put you on the road to success.
