How To Get A US Patent

Is It An Invention?

A patent is there to protect an 'invention', not simply an idea. If the answer is yes then your idea is not an invention, its simply the logical application of current day knowledge to a new problem and therefore you can't patent it.

In many ways the US patent system is more akin to what many people assume about patents over here, if your the first person come up with an idea then you can patent it. Patents cost money. Carrying out the searches and filing your patent application through an attorney will cost a few thousand pounds. Once you've got your patent you then have ongoing costs each year to patent offices to keep the patent active.

Another misconception is that once you have a patent no-one else can copy your idea. If the infringer is a large company, or several companies infringe your patent you need to be able to fund the legal action. Is the idea your looking to patent commercial enough to justify all this.

You may be looking to patent your invention to then license it to another company to produce.

A few patent help tips

When researching an invention you'll often need to read through existing patent applications to make sure your idea is new. The rest will simply be lesser claims the patent can fall back to should the higher claims ever be overturned or rejected by the patent examiner.

Patent claims are not exclusive.

Filing a patent application doesn't mean that any searching will be done. It will then be examined in detail by a patent examiner but even if the patent is awarded it can be overturned at any time if prior art can be proved. However even then bear in mind that searches are not necessarily as skilled as you may expect and patent office searches will not necessarily search anything other than previous published patent applications and filings.

There is no point giving the patent attorney too much information.

Should I Patent My Idea?

A U.S. patent is necessary to protect your rights if you have invented a unique product or come up with a new idea. A patent grants property rights to an inventor, and is issued by the U.S. Patent and Trademark Office. Venture Backed Companies ; Startups Patent, Trademark, ; Corporate Law

If you're wondering how to patent an idea, it's the same process as for an actual invention. A utility patent is usually the patent of choice because in most cases it offers the best protection. According to patent law, only the original inventor can file an application and receive a patent, but you can make use of a lawyer to prepare the application. Patent law also prohibits a person from filing an application based on an item someone else has invented.If you want more patent information before you file, it's prudent to do a lot of research and read through reliable sources.