Patent a Product Basics
Learning how to patent a product is important for many
companies, startups and entrepreneurs. If you do not follow the
typical patent process, there is a significant chance that you will make
costly mistakes.
How to Patent a Product
Step 1: Patent Search
Prior to getting a patent for a product, it is recommended that you first perform a
U.S. patent search. A U.S. patent search will help you
determine if you should spend the money patenting a product. While a
patent search is not
a guarantee of patentability or
required by the U.S. Patent Office, it is usually the first step before
getting a patent on a product.
Step 2: Draft Patent Application
Assuming the patent search indicates that getting a patent for your
product is
feasible, the next step is to prepare a patent application. You have
two main options in preparing your patent application: (1) draft the
patent application
yourself or (2) hire a qualified U.S. Patent Attorney.
Learning how to patent a product yourself can
be very difficult even for the most experienced inventors. Most
reputable people in the invention industry will recommend that you hire a
U.S. patent attorney to patent a product. A patent attorney will have years
of experience in preparing and prosecuting patent applications with the U.S.
Patent Office which should give your product the best chance of getting a
patent.
During the preparation of your patent application for the product, your
patent attorney will send you a draft of the patent application to review
prior to filing with the U.S. Patent Office. If you have any questions or
suggestions for your patent attorney, make sure to contact them immediately
after receiving the first draft of the patent application.
Step 3: File
Application is approved by you, the next step is
for your patent attorney to file the patent application for the product with the U.S. Patent
Office which will give you "patent
pending" status. A patent application needs to be filed with
the USPTO before you will have any chance of patenting a product
Step 4: Prosecution
After the patent application is received by the Patent Office, they will perform a
separate patent search and send you an Office
Action (basically a patentability opinion from the U.S. Patent Office)
indicating the patentability of your product. Most first Office
Actions result in the initial denial of your patent application.
To patent a product, your patent
attorney will then have to file a Response with the U.S. Patent Office
arguing why your product is deserves a patent. The Response may also include
claim amendments to help improve the patentability of your product at the
U.S. Patent Office.
The U.S. Patent Office will hopefully respond with a Notice of Allowance
which indicates that your product can receive a patent. However, the U.S.
Patent Office may send a Final Office Action indicating that the Patent
Examiner disagrees with the Response (you can file a second Response and/or
file a Request for Continued Examination).
Step 5: Issue Fee
Assuming you receive a Notice of Allowance ,
you then will be required to pay a government Issue Fee to finally get a
patent on the product. After the
Issue Fee is received by the U.S. Patent Office, your product will typically
receive a granted patent within 1-3 months.
|
