How to Patent My Idea
Patents provide legal rights that protect your invention against others and prevent them from copying, using, or selling it without your permission for a specific period.
To secure a patent, your idea must be original and non-obvious. In order to determine this criteria, some preliminary research must be completed as well as preparation for the patent process.
1. Determine your eligibility for a patent.
Patents are an invaluable form of intellectual property (IP), providing protection for up to 20 years against other people using your invention without your permission. They’re an effective way of safeguarding ideas while getting them out there under your name and making an impressionable statement about who created them.
Successful patent application requires several steps, the first being to assess eligibility.
Analyzing your invention against existing and previously published patents. Determining whether it is unique, non-obvious and novel is also part of this analysis process.
Finding your eligibility requires either conducting a patent search or consulting with a licensed IP attorney. Their analysis will allow you to decide if your invention is novel enough for patentability and reveal which path would be the most advantageous route forward, before moving forward with the next stage of the patent process.
2. Conduct a patent search.
Before investing time and money into patenting your idea, it’s essential to perform a preliminary search to make sure it hasn’t already been protected by patenting laws. Doing this will save both hassle and cost down the line.
Searching for patents on your own can be time consuming and expensive, but worth every penny for the protection it affords you.
An invention patent search can help you assess its commercial viability, and identify any companies who might be interested in licensing your technology. A comprehensive patent search may also protect you against lawsuits for patent infringement by other businesses.
3. Make a prototype.
Prototypes provide answers to key questions regarding product development. They can help determine if your idea is feasible, identify possible manufacturing partners and understand customer demands for your product.
Start with a basic sketch or visual prototype created with paper and pen, or visual prototyping software like Figma or Vectr to help decide on materials appropriate to your product and how the prototype could appear once complete. This will enable you to determine which materials work best and provide insight into its construction process.
Next, create a proof-of-concept prototype that demonstrates how your product functions. The model should be more precise and realistic than its visual equivalent and should include any moving or mechanized parts from your design.
4. Write a patent application.
An application for patent protection must include both written descriptions and drawings of your invention.
Written descriptions must clearly explain how an invention works, including all its aspects and any supporting evidence you may possess. Failing to include any part could constitute grounds for invalidating your patent application.
Before writing your patent application, you must first determine your eligibility and conduct a patent search. Furthermore, you need to choose which type of patent best reflects your idea.
5. File a patent application.
An invention patent application is the formal document you submit to the United States Patent and Trademark Office when seeking protection for your idea. This document should include details about your invention, claims that define its scope of protection, as well as drawings that illustrate it.
The USPTO will review your patent application to ascertain its validity and enforceability, which may take a significant amount of time and require the services of an experienced patent attorney.
Importantly, patent applications must be filed within one year from public disclosure of an invention. This means if you announce it publicly or display it at a trade show or conference, one year must elapse before you file your patent application.