Understanding the Patent Application Process

No matter where you are in your product design or development, you may want to consider getting a patent. This will help you protect your intellectual property and ensure that there is legal protection in place for your work. Use this guide to help you as you find your way through the patent application process.  

What is a Patent?  

Before beginning an application, you need to understand what a patent is first. Issued by the US Patent and Trademark Office, this document gives legal protection to an inventor or company by providing the sole right to production, use or sale for a set amount of time. To state it simply, a patent protects your unique intellectual property from being reproduced or used without your permission.   

Is a Patent Needed? 

Just because you have invented something does not mean that a patent is necessary. First, you want to consider whether your invention is new or simply an innovative look at existing technology. If you have something that is a variation of current products, it may not be worth the investment for a patent. Additionally, if it is already publicly disclosed, you cannot receive a patent. However, if you decide to get one, you should consider working with a patent attorney. The typical application, depending on product type, can take over two years and cost upwards of $5,000.  

Types of Patents 

Once you have determined whether you need a patent, you need to decide which one applies to your invention best. There are three different types of patents: Plant, Utility, and Design. It is important to note that sometimes more than one may be necessary. For example, your product may need both a utility and design patent. Take the time to review these different patent types to see which one best suits your needs, or if you need to apply for multiple ones. 

Going Through the Process 

After you have started your application process, you will need to be patient. Depending on the patent(s) you have applied for, you could be waiting for a while to find out whether it has been accepted or not. There are two different ways of receiving updated information via the Patent Application Information Retrieval, or PAIR, system. With a Public Pair, you can get information on issued or published applications. With a private pair, unpublished information is available in real-time from the USPTO’s Public Key Infrastructure.   

Once Approved  

When you receive official notification that your patent has been approved, you will need to pay additional fees to finalize the process. These fees are for both the issue and publication of your patent. Once you have paid, the USPTO will provide both the patent number and issue date. Now that you have this information, you can use it to keep track of the status of your patent to help maintain it. 

Maintaining Your Patent  

Once you have received your patent, you are responsible for maintaining it. To do this, you will need to pay a series of three maintenance fees. These payments are due after 3 – 3 ½ years, 7 – 7 ½ years, and 11 – 11 ½ years and cannot be paid early. There is a short grace period when additional charges will be added if you find that you will be slightly late with these fees. If for any reason you miss a fee, you can get your patent reinstated by going through the petition process. 

While the patent application process is both hard and time-consuming, it is the best way to protect both your hard work and your investments. Remember, confirm first whether a patent is necessary and which type.  Once you have received your patent, be sure to stay on top of any fees to maintain it. Don't let the process overwhelm you, remember to take it one step at a time. Protecting your hard work is worth this investment of time and money.