Demystifying the Patent Application Dragon

The word “patent” evokes images of inventors in dusty labs, clutching blueprints and muttering about eureka moments. But the reality of patenting your brilliant idea is actually much more tangible, especially with the right guide. In this “101” series, we’ll break down the overall process of how to file a patent application into bite-sized, actionable steps, starting with the very first hurdle: contacting a patent attorney.

So, you have an invention. Now what?

How to File a Patent Application in 5 Steps

First, let’s dispel a myth: a patent doesn’t protect ideas; it protects novel and non-obvious inventions. First off, your invention should be something which is tangible.  It should be either a tangible system, device, machine, composition, process or design.  To be patentable, in addition to being tangible, your invention must be new and unique. If someone else already invented it, you can’t get a patent on it.  In addition, your invention must be a significant improvement from prior inventions and not just an incremental improvement on an existing invention. However, even seemingly small innovations can qualify!

Step 1: Contacting an Attorney

While you can file a patent application by yourself without an attorney, should you?  You can also preform surgery on yourself, but why?  A patent application is an intricate legal document which has specific legal obligations and requirements. A patent, if granted, can provide significant value to you and your company for years to come.  Saving a few dollars up front may result in substantial losses down the road.  Hiring an experienced patent attorney to guide you through the patent process can help you avoid making mistakes and help you leverage your intellectual property.  Making a strategic, well reasoned decision with the advise of your patent attorney can help you ensure accuracy, maximize claim scope, and navigate the often-daunting application process. Remember, a strong patent can be your shield against infringement and a valuable asset in licensing or selling your invention for years to come.

Step 2: Understand the Different Types of Patent Applications

There are three main types of patents in the US:

• Utility patents: Cover new machines, processes, and compositions of matter (think: your revolutionary device, groundbreaking process, or life-changing material).
• Design patents: Protect the ornamental appearance of an invention (think: your sleek gadget’s eye-catching design).
• Plant patents: Protect new and distinct varieties of plants (think: that apple with the taste of sunshine and rainbows!).

Step 3: Conduct a “Patentability Search”

Before investing time and money into an application, you should research the viabilty of your invention and try to determine if there are any existing patents which cover your invention.  This can be done as part of a patent search.  A patent search can help you determine if your invention is alredy covered by another invention.  There are several online patent databases, including ones at the USPTO and others which are privately maintained and some which are publicly available, including Google.  It is actually helpful if you find a patent through your search which you think covers your invention.  However, as with most of the decisions about the patent, you should discuss the patent with your patent attorney.  Understanding what these patents cover and/or disclose may require a patent attorney to help.

Step 4: Elements of the Application

Here are the basic parts of the patent application:

Drawings, if necessary to describe your invention.

A Descriptive and concise title which accurately reflects your invention.

An Abstract which provides a brief, technical summary of your invention.

The Specification.  This is the main part of the applicaiton which provides an enabling disclosure about the invention, how it works, the details of the invention’s structure and function.  Generally, you need to describe the invention is such clear terms that one skilled in the relevant technology could make or use the invention.  This also includes providing a description of the best method for using the invention.

The Claims.  This is the most important part of the patent application because this is what the inventor receives in exchange for describing to the public the invention.  The Claims are the legal backbone of the applciation and shoud clearly defining the scope of patent coverage you are claiming covers the invention.

Step 5: Submit and Pay Fees

Once the patent application has been prepared, it must be filed with the Patent Office.  When filing, you can obtain a reduction in governmental filing fees based on your entity size and income level.  In addition, at the time you file the applicaiton, you may also consider whether international patent coverage is desired.  It may be best to file for international coverage at the time you file the initial application.  In some cases you may want to wait a few months.  Again, this is one of the reasons you should talk with an experienced patent attorney.  Stay tuned for our next 101 installment, where we’ll delve deeper into crafting a winning patent application specification!

Remember, this is just the first stop on your patent journey. After you file the application, you may want to file continuation or divisional applications and you may want to start licensing the technology.  With the proper research, planning, and trusted legal guide, you can transform your invention from a spark in your mind to a protected asset in the marketplace.

Ready to ignite your patent potential? Let’s get started ADVANCING THE POWER OF IMAGINATION®!