How to Patent an Invention
Write down your idea., Know who can apply for a patent., Understand what types of inventions can be patented., Understand what cannot be patented., Determine the type of patent you need to protect your invention.
Step-by-Step Guide
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Step 1: Write down your idea.
The act of writing will force you to define your invention, break down the invention into its elements, and think about variations of the invention.
Written materials produced as a result will also be helpful for preparing a patent application.
Ask yourself these questions:
What problem does my invention solve? How does my invention actually work? Who is my target audience? How is my invention different from others like it? How much money will I need to produce my invention? Can I think of potential investors? -
Step 2: Know who can apply for a patent.
Patents can only be applied for in the name of the actual inventor(s).
You can apply for a patent individually or as part of a joint research group. , There are three main types of patents
- utility, design, and plant
- that are granted for different types of inventions.
You can secure a utility patent for a process, machine, article of manufacture, composition of matter (i.e. a drug), or an improvement upon any of these existing products.
Though you will apply for a different type of patent, you can also patent an ornamental design of an article of manufacture or an asexually reproduced plant variety.
In addition, your invention must provide some utility to society, must not be offensive to public standards of morality, and must be novel, non-obvious, adequately described or enabled, and claimed by the inventor in clear and definite terms. , There are several ideas or products of human labor that cannot be patented, although many can be protected through other channels such as securing a copyright.
You cannot patent: laws of nature, physical phenomena, abstract ideas, literary, dramatic, musical, and artistic works (you need a copyright for these)., Apply for a utility patent for a product that has a specific, clearly-defined benefit to society.
Most inventions fall into this category.
Patent protection offered by a utility patent lasts for 20 years from the day the patent is granted.
Apply for a design patent if you have an invention for a new, improved design on an existing product or process that doesn’t affect the function of the original product.
A design patent lasts 14 years from the date of the original patent application.
A plant patent is applicable if you develop a new asexually-reproductive variety of plant.
Protection for a plant patent exists for 20 years from the original patent application date. -
Step 3: Understand what types of inventions can be patented.
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Step 4: Understand what cannot be patented.
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Step 5: Determine the type of patent you need to protect your invention.
Detailed Guide
The act of writing will force you to define your invention, break down the invention into its elements, and think about variations of the invention.
Written materials produced as a result will also be helpful for preparing a patent application.
Ask yourself these questions:
What problem does my invention solve? How does my invention actually work? Who is my target audience? How is my invention different from others like it? How much money will I need to produce my invention? Can I think of potential investors?
Patents can only be applied for in the name of the actual inventor(s).
You can apply for a patent individually or as part of a joint research group. , There are three main types of patents
- utility, design, and plant
- that are granted for different types of inventions.
You can secure a utility patent for a process, machine, article of manufacture, composition of matter (i.e. a drug), or an improvement upon any of these existing products.
Though you will apply for a different type of patent, you can also patent an ornamental design of an article of manufacture or an asexually reproduced plant variety.
In addition, your invention must provide some utility to society, must not be offensive to public standards of morality, and must be novel, non-obvious, adequately described or enabled, and claimed by the inventor in clear and definite terms. , There are several ideas or products of human labor that cannot be patented, although many can be protected through other channels such as securing a copyright.
You cannot patent: laws of nature, physical phenomena, abstract ideas, literary, dramatic, musical, and artistic works (you need a copyright for these)., Apply for a utility patent for a product that has a specific, clearly-defined benefit to society.
Most inventions fall into this category.
Patent protection offered by a utility patent lasts for 20 years from the day the patent is granted.
Apply for a design patent if you have an invention for a new, improved design on an existing product or process that doesn’t affect the function of the original product.
A design patent lasts 14 years from the date of the original patent application.
A plant patent is applicable if you develop a new asexually-reproductive variety of plant.
Protection for a plant patent exists for 20 years from the original patent application date.
About the Author
Martha Nelson
A passionate writer with expertise in DIY projects topics. Loves sharing practical knowledge.
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