Creativity and imagination is are qualities we are all born with, in some people these qualities tend to develop rather faster compared to others. Imagination has fueled our inherent desire to overcome obstacles and improve the tools we have available today, creativity on the other hand helps us create and materialize the ideas we have developed.
The process of invention is pleasant and rewarding but when it comes to obtaining a patent which makes you the legitimate owner of your creations and ideas the field changes. The first step towards obtaining a patent is to search the online database provided by through the government website which is in charge of keeping all of these records, this way you will know in an instant if your idea has already been patented or if it isn't.
The U.S. Patent Office is in charge of keeping all records related to invention and ideas, their site address is uspto.gov , all the paperwork and applications needed to process a new patent are available on both online and off-line sources. These forms can be filled out by yourself or with the help of an attorney if you don't feel quite comfortable with the process, however, must of the forms are straight forward, the information requested involves name of the inventor, description, functionality, drawings or charts and any other information pertinent to the idea being patented. The forms you will have to choose from are utility, plant and design; each one is intended for a specific kind of invention or idea.
You also need to be aware that there is a fee to have this paperwork processed. Once you have the information ready you can submit the form either electronically or in person. The person who reviews the form on behalf of the office will evaluate the information submitted and if it turns out your idea is unique you will get a patent which will protect your rights and will allow you to legally receive credits for your work.
The next step is to find an organization which helps inventors develop and market their ideas, this will launch your product full force into the market.
One more fact you need to be aware of is that this kind of protection is not permanent, depending on the application filed your idea is protected either 14 or 20 years. Twenty year protection applies to utility/plant and 14 year protection applies to design patents.
Always be patient and optimistic about the results of your submission, good luck!
How To Patent Your Invention
Do you have an invention you would like to get a patent for? If so, then you have three choices for going about it. You can hire a patent attorney which is probably the safest thing to do but also extremely expensive. You can go through the patent process your self which will be much cheaper but extremely difficult to do. Or you can hire a patent agent. A patent agent is much cheaper than an attorney but has been specially trained and licensed and is fully competent to take your patent through the legal process.
A patent agent works on your behalf to draft the patent application and take it through the various stages to get it granted. A patent agent will also perform a thorough patent and trademark search in order to ensure that your invention will not infringe upon an existing patent or trademark.
This is an essential step in the patent process and one that is difficult for an individual to do alone. If not done properly, you could face legal troubles and huge fees if you are found at a later time to have violated another patent, even if it was done unintentionally.
Even though by law you are allowed to file your own patent and represent your case, the practice is actually frowned upon by the Patent and Trademark Office only because the process is so complex that an individual can rarely do it successfully. The patent examiner will encourage you to obtain the services of a competent attorney or patent agent before you proceed.
It is really in your own best interest to make sure you follow the law and properly register your patent or your invention may be at risk. You can often obtain a free initial consultation with a patent attorney to get a feel for what all is involved.
A patent attorney is an attorney at law who has also been specially trained in patent and trademark execution and law. In order to legally use the term ‘patent attorney', he must pass examinations on the preparation and filing as well as the prosecution of patent applications.
Patent agents must also receive their designation from the Commissioner of Patents and pass similar examinations. A patent agent does not have to be an attorney, but does require special training.
Often, patent attorneys will have patent agents on staff. This makes for a good situation for you in that you have a patent attorney available if need, but can use the services of a patent agent to do the majority of the work so your fee will not be as high.
Many patent agents work for themselves and because they are independent, may offer more affordable rates. Just make sure whichever patent agent you choose, that you verify they are licensed and registered by the Commissioner of Patents.
You can find a patent agent by looking in your yellow pages or you can obtain a list of patent agents from the patent office. They will be more than happy to provide you with a list although they will not go as far as to make specific recommendations.
Both I C & Jane Wyvern are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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