Patents 101: A Simple Guide to Patents
Inventions are the cornerstone of the American free market, and are essential in the growing landscape of our culture. When you have an idea that you’re looking to protect in the long term, patents are the safest way to achieve ownership of an idea. They are not, however, for the faint of heart. They take a lot of time, sometimes waiting years until granted. Don’t stress though, it IS possible, broken down into bite-size steps of information. Below is basic information you need to know about filing your patent.
Realize there are different types of patents
There are three different types of patents that you can receive from the United States Patent and Trademark Office (USPTO):
Utility patents
covers products and processes. There are 5 categories that you can file under: a process, a machine, a manufacture, a composition of matter, or an improvement of an existing idea.
Design patents
If you create a new or original design that ornaments a manufactured design. This patent cannot be functional, ONLY aesthetic.
Plant patents
This is the least frequently used patent, and is granted for any novel, nonobvious, asexually reproducible plant.
Understanding the process
As stated above, this process is not easy. It’s extremely tedious in that you need to provide ALL the information that goes into making the product, down to the materials used, the technical engineered drawings, specifications, drawings, and photographs. It is then reviewed by a USPTO examiner who closely nit-picks the product to see if it’s accepted or rejected.
It is important that you make sure that your patent submission is as thorough as possible, because if it is rejected, you can either accept the rejection, or appeal their decision. The appeals, on average, range from 18-29 months….that’s YEARS. If all goes well, you can expect to be granted your patent within 3 or so years, but with a rejection, you can add at least another year on top of that. The wait time also depends on the categories. For example, technology software or electronics categories are so saturated that you can expect that time to double.
The protection and time limits
A patent allows you a TON of rights with your product. This prevents others from making, using, selling, or importing the patented invention within the United States. If someone infringes on your patent, it is your right to take legal action, acquiring injunctions and damages. It’s important to keep in mind, however, that a patent has its limits – mostly time. A Utility Patent lasts 20 years, and a design patent lasts about 14.
Consider the costs
Every step of the way for patents cost money, but it’s infinitely worth it, as without, you can end up losing much more than what you pay to protect it. The initial filing fee alone is $280, the examination is around $720, and the search fee is about $600. Not to mention your patent attorney fees! Let’s not also forget that you’re also charged to KEEP your patent depending on the years that you want to uphold it. This usually arises around 4 ($1,600), 8 ($3,600), and 12 ($7,400) years….definitely not cheap, but infinitely worth it.
Thank you for reading the Patent 101, are there any other basics that should be taken into consideration? Comment below!