So you’ve invented something, that’s amazing! Now you may be thinking about how to protect your invention and make sure you get the credit for your discovery.
At this point, you may have come across the word patent and be asking yourself what is a patent? We’ve gathered all the things you need to know about patents in one convenient place do you don’t have to go searching.
If you want to know what a patent is, if you need one, and how you go about getting one keep reading to find out!
What Is a Patent?
A patent is a legal license granting the right and title to an individual or company to be the only one that can make, sell, or us an invention. The patent will exclude anyone else from recreating the same invention to profit off of.
Patents are similar to copyrights and are granted legally for a certain period of time. It will need to be reapplied and renewed once the period ends so that another individual or company doesn’t buy out the patent.
What Are Patents Useful for?
What is a patent useful for? Protecting your intellectual property and a means to have a legal case against intellectual property theft.
Say for example you create a new machine or a new way of doing something that will revolutionize the market you will want to protect this idea from it getting stolen. You’d do this to protect that idea from getting taken from you and someone else profiting off of your idea.
In the event that someone does steal your idea, a patent allows you to make a legal claim against the individual or company that stole it. Since you hold the patent rights, you can take the idea thief to court and not only get any money they made off your idea but also have them pay you a sum for the theft.
How Do I Get a Patent?
We’ve covered what is a patent, now we’ll look into how to get a patent.
The first thing you’ll want to do is collect all your paperwork for your invention including and notes and research that prove that the idea was fully and one hundred percent yours. The patent office will need undeniable proof that the invention that you’re bringing to them is not a replica or stolen from someone else.
The second thing to do is check to see if your idea qualifies for patent protection. There are quite a few things required in over to qualify for a patent. You will need to make sure your patent is unique and the first of it’s kind.
It will also need to be something that works and has a useful function. You will also need to make sure that it meets the criteria of inventiveness, meaning that it will have to be something that’s completely new or an improvement to something that’s already existing.
Next, you’ll research the marketability of your idea. There is no point in getting a patent on something that isn’t going to sell or be in demand. This is especially true if you have a specific business in mind that you’d like to start with your idea or a business you’d like to partner with.
Because a patent is a legal document filing next thing you’ll need to do is get in touch with a patent law firm and hire an attorney.
A patent attorney will walk you through the necessary legal paperwork and documents necessary to file for your patent. They will let you know whether or not your patent will qualify for protection and make sure that you have all your paperwork in order for filing.
Once your patent is filed and signed by the attorney, you will wait until you hear back from the patent office to confirm your patent approval or deny your request. The process can take anywhere from a few weeks to a few months. Your lawyer will be able to tell you the timeline of what to expect.
What Else Should I Know About Patents?
Not everyone will qualify for a patent so it’s important not to get discouraged if you are denied your patent request. Talking to a lawyer before going through all the paperwork filing will make the process less disappointing and easier as they will be able to tell you whether or not you will get approved.
Every step of the way you’ll want to make sure you document everything along your invention creation journey as you’ll be required to submit all your proof, and sometimes the patent office can be ruthless.
Keep a detailed notebook of your scribbles, testing, and ideas so that you can provide it as proof. Even scraps of paper that you’ve jotted down a formula or a couple of lines regarding the invention can and will be beneficial in your patent application.
Once you get a patent keep an eye on the expiry date of it, as you’ll need to make sure you’re on top of renewals and not miss the deadlines of your renewals. This will also prevent someone else from coming along and using your invention freely because the patent is no longer valid.
What Is a Patent? Now You Know!
Now armed with a list compiled with everything you need to know about patents, you’re well on your way to know whether or not you need a patent if you’ll qualify for one, and what you need to have one.
No need to wonder about what is a patent any longer.
Remember, keep all your notes regarding your invention even if you think they may be trivial and not a big deal as the patent office will want an entire collection of your creation process.
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