When
it comes to patents, inventors often refer to utility patents. It is because
these patents cover the most prevalent categories of invention. They grant
protection to new ideas that produce unique and useful products. As the utility
patents can prevent a lot of inventions from being used by other people or
companies without permission of the owner, a majority of Patent
Applications emphasize
these types of patents.
For
an invention to obtain Utility Patent Protection, it must fall under one of the following
categories:
- Machines that often consist of moving parts, for example – an
engine.
- Processes that are in the form of stepwise methods, for
example – approach to do any business.
- Useful items that include no or a few moving parts, for
example – a screwdriver
- Compositions of matter that encompass compounds or mixtures, for
example – drugs.
If
you are having any of the above-given types of inventions and wish to get it
patented, then you should meticulously go through the below steps.
Six Fundamental Steps to
File a Utility Patent
Note
that, the process to file a utility patent is country-specific and therefore,
varies from nation to nation. The step-wise process provided here is according
to the USPTO (United States Patent and Trademark Office).
1. Understand patent purpose
The
prime purpose of a patent is to empower the inventor with the right to prevent
others from manufacturing, using, selling, and importing his invention. It is
an exclusive Intellectual Property Right (IPR) that the patentee can enjoy for a
specific period. The duration for which the patents are valid is
territorial-bound, for example –in the US, a utility patent lasts for 20 years
from the date of filing the application.
2. Maintain invention record
It
is imperative to maintain the invention record, including appropriate diagrams
and descriptions; important dates, like the date of creation; reason behind the
origin of the idea or invention and; signature of at least 2 witnesses
supporting the invention.
3. Ensure that the invention meets the standards
set for patenting
Make
sure that the idea or invention for which you are seeking a utility patent
should suffice the patentability criteria. For this, you should consider the
following points:
- It is not possible to obtain patent protection for an invention
from an idea.
- The work and the efficiency of your idea or invention matter
a lot.
- The invention must be unique, i.e., it should not appear
similar to any existing one.
- The invention or idea must be non-obvious and should hold an
excellent subject-matter.
4. Commercialize potential
The
patenting process involves enormous costs. Hence, it is essential to ensure
that your invention is worth patenting; otherwise, you can face tremendous
monetary loss due to the rejection of your patent application. To prevent such
occurrences, you need to be familiar with the market in which you are planning
to launch the product. Besides, your invention should hold the ability to stand
out in millions to make money via licensing and other ways.
5. Conduct the patent search
Patent
search plays a vital role in the process of obtaining patentability as it can
help you in determining whether your invention is new or not. That’s why you
should carry out a patent search that includes fetching all the relevant data
and information from the U.S. Patent Office and many other journals.
6. Be aware of the documents required
For
obtaining utility patent protection for your invention, you need to be sure for
providing the following documents:
- Form 1: Application for allowance of the patent
- Form 2: Provisional or complete specification
- Form 3: Undertakings under section 8
- Form 4: Declaration as to inventorship
- Form 26: If filed through a patent agent, then the power of
attorney
When should you file a
utility patent application for your invention?
It
is crucial to file your patent application as soon as you could after
completing your invention. It is because as per the Patent Law,
the first person who applies for the patent is always considered as the
inventor, no matter whether he is the real inventor or not. Apart from this,
the timely filing of the utility patent application can serve you with many
other benefits. Once applied for the patent, you can confidently protect your
invention with a label “patent pending” as it will keep the potential
infringers away. It will also provide you with a profitable option to seek
royalty payments from the person or company who used your invention during the
pending period, including the provisional period as well. For view source: https://www.trademarkmaldives.com/blog/6-simple-steps-to-file-a-utility-patent-in-the-us/
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