Patents are widely misunderstood. Many people don’t realize that patents aren’t only for big companies, and that they aren't that hard to get. In fact, you can get a patent on your idea without spending a dime. In this guide, we'll show you how to patent an idea from start to finish — including how to make sure it's valid in the first place!
1. Getting a patent on an idea is easier than you think
In order to get a patent on your idea, you need to be able to describe it in a way that makes sense to a patent examiner. This means you can’t just have a great idea and throw it on a piece of paper. Instead, you have to be consistent from start to finish. That means you need to engage in a pattern of logical explanation that allows a patent examiner to understand how your idea works, and document the way that your idea works.
First, describe your idea as fully as possible. Explain in detail each aspect of your invention that you think would make it worthy of patent protection. This includes the technology you’ve used to build your invention, any audience for your invention, any sources or details — anything that would help the patent examiner understand how your invention works.
Then, document your idea. If your idea is complicated or technical, document how you designed or explained it in detail. Then, document how that design or explanation works. Whether you design something from scratch or borrow an existing design, document how you made it work.
Once you have your explanation ready, what you shouldn’t do is claim your idea (i.e., file a patent application for it). Only after you have carefully designed and documented your idea, can you think about filing a patent on it.
A patent doesn’t grant you ownership of your work. For example, if you build a robot that uses built-in cameras to constantly take photographs, you don’t own the photographs-that’s protected by copyright. Rather, the utility (i.e., practical use or range of application of an invention) of your invention is what gives you ownership of it.
Of course, it may seem tempting to file a patent application right away, just because you originally had an interesting idea.
But you shouldn’t do that. The best way to think about what you want to patent is to think about how others might use or modify it.
2. What are the steps to getting a valid patent?
Patenting an idea is a long, expensive process that involves several steps. As a first step, you’ll have to check if your idea, product, or service is something that can be patented. If it is, then you’ll need to file a patent application and go through the patent approval process. Then, you’ll need to wait several years before you can start making money off of your patented idea.
To help you through this process, here are a few helpful links and resources:
There are many tools and sources online that can help you look up the process of getting a patent and giving it life. For example, Patently MLS is a marketplace where you can search for patents by searching for keywords relevant to your business.
If you have any questions about filing a patent or don’t understand something, don’t be afraid to contact us!
Step 1: Contact a U.S. Patent Attorney
U.S. attorneys can be very helpful in giving you a lot of direction, and there’s no better resource for making sure you get everything you think you need.
The best first step in getting a U.S. patent is to find an attorney who specializes in patents. These attorneys have years of experience, so they know exactly what they’re talking about. Not every attorney who has a patent will do well with your idea, so check to make sure the attorney is someone with experience who can explain what a patent is and can help you get to the right decision. The new Ideas section at the National Patent & Trademark Office (“NPTO”) has information about finding an attorney.
Step 2: Pay for Patent Expertise
Depending on your project, you’ll likely want specialized patent advice from an attorney who’s specialized in such things as electronics, software, quantum computing, pharmaceuticals, biotechnology, and more. Consulting an attorney to get patent advice will cost you around $100 to $500 an hour.
3. Is your idea unique enough to get a patent?
If you’re not an expert in patent law, you may not know if your idea is unique enough to get a patent. And if you do get a patent and someone comes after you for infringing on it, you want to be sure you can defend yourself in court. Here are a few important ways you can protect your idea:
Novelty
What are you going to do about that new technique in medicine? How are you going to beat your competitors? You can't be too predictable. If you come up with the same idea, you could wind up with a lot of the same patents and not much innovation.
Patentability
What are you going to do with yourrapetitle?. Is your idea the same thing as a company whose business you're disrupting? Is it an idea that someone else just innovated on? If your idea is new and unexpected, it probably isn't patentable. This is called the novelty doctrine. Most inventions fall into one of three categories. If you want to make money of your idea, the novelty is usually an issue:
You're really old. Your idea is speculative. It's so new that everyone else has already done it.
Surprised? Don't be. Lots of great things have come out in the past five years, and you don't want to be left behind. The novelty doctrine also helps to ensure that you can't just invent your own version of copyrightable content. For example, if you invented the term "web 2.0," it's unlikely that someone would just come around and call it "web." It would infringe on your original work.
Falkenleh is a business scientist and lecturer who researches business strategy at the Sloan School of Management at Duke University. When she's not pondering businesses’ strategies, you can find her speaking about business and technology at conferences all over the world, or knitting sweaters with her two young boys in their pajamas.
4. How much does it cost to apply for a patent?
Once you have determined that you have created an original idea, it’s time to take the next step in the patent application process. You can apply for a patent yourself or hire a third party to apply for you. If you choose to file the patent yourself, the fee to file a provisional patent application is $130.00.Alternatively, you can hire a patent attorney to help you with the application process and costs are only $125.00 for an original and $175.00 for a new application.
Also, keep in mind that you only need to do one of the following to get a patent:
Have an original idea
Produce a good enough idea for a patent
If you think your idea is unique, or if you think it relates to a useful product or process, you can go after a Patent Assigner or Patentee ("Patten"). Patentees sell their patent rights. If you are granted a patent, your company becomes the exclusive owner and you can start using the patent to protect your new invention.
Patents will not keep you out of court; they just makes it a lot easier to prove that you had some connection to the invention before you started infringement. Furthermore, a patent demonstrates to other people that you have a legitimate claim to the idea. This makes it easier to convince people at large companies or even other small businesses to turn you into an asset. By using a patent, you protect your idea and protect your company since people think that you have “stolen” the idea from your competitor.
5. How do you know if your patent is worth anything?
The only real way to know if your patent is worth anything is to put it to use. You can’t patent an idea or an invention, you can only patent the tangible product that results from your idea. Once you patent an idea, you can’t take it back. And in the world of patent, tangible products trump abstract ideas.
Patents are granted by the U.S. government and protect inventions. The patent owner can then use his patent rights to charge others for using, copying, or improving the patented invention. The instant you file an application, you become a party to the patent. Everyone who works with, uses, or buys your patented idea is part of a clever “copyright infringement.” And being accused of patent infringement is shockingly easy.
Let’s say you have an idea for a lamp that lets you see the time. You can publish your idea in a scientific journal and get it accepted. Then, you can sell the patent to any company that appeals to you and make a healthy amount of money. Most of the time, this idea will be valuable.
However, if you’re a small entrepreneur or a student without much capital, you’ll probably get sued, or worse, you’ll lose the lawsuit. Luckily, there’re basic protections in place to ensure these kinds of inventions don’t fall into the wrong hands.
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