HOW TO PATENT PRODUCT US


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WHAT PRODUCT TO INVENT

Being the mastermind of an innovative idea is all that it takes for people to become a heavyweight in any industry vertical. No matter whether we talk about the service industry or its product foil, every notable name in the business has at least one remarkable innovation to its credit. Industry bigwigs such as Apple, Microsoft, Canon, Xerox, and for that matter any other notable brand can be easily associated with the innovation they bought to their field.

Being an innovator does not necessarily mean that you have to start from the scratch. On the contrary, any idea generated through the reprocessing of known elements can be considered an innovation. Here, you need to understand that it is the uniqueness of an idea that decides its true worth. After all, can you imagine Microsoft to have the same stature had other IT companies be allowed to use their source codes? Well, this was a fairly rhetorical question requiring no answer

Why Patent your Idea

The need to patent a product, service, or idea comes into picture when you realize that the idea holds a good business potential, and can be used or misused by somebody else. In such scenarios, it becomes extremely vital for you to get the innovation patented. Once you get your idea patented, no other individual or organization will be legally allowed to use it, thereby maintaining its exclusivity and worth. Even if you are not planning to implement the idea, if it holds any future prospect, getting it patented is highly recommended. Today, you can patent software, products, structures, designs, and many other innovations.

The Types of Patent

In order to apply for a patent, first you need to assess whether or not the idea is patentable or not. To assess the patentability of a product, service, or idea, you need to know the types of patents you have the options of. These are utility patent, design patent and plant patent with utility patent being the most commonly used.

Utility Patent – As the name suggests, this patent is awardable for any invention, discovery or improvement in any public goods or processes. Every unique mechanical invention with a function and purpose can be considered for utility patent.

Design Patent – This patent is awarded to new or improved design of a public good or device. Design patent is suitable for any visible ornamental features embodied in or applied to a manufacture-able product.

Plant Patents – This is probably the least used type of patent as it is limited to new and distinct variety of plants that are asexually reproduced using any innovation. These patents are usually used for herbs, medicinal plants, and the likes.

Applying for a Patent

If you believe that your idea is patentable and holds a considerable worth, getting it patented does not require you to run from pillar to post like few other legal procedures. As a matter of fact, applicants have the option of filing provisional applications to USPTO (United States Patent and Trademark Office), and get a ‘Patent Pending’ status for their innovations

Although a provisional patent does not mature by itself, it saves the innovation from being commercialized or misused in any possible way. However, provisional patent expires in 12 months before which you will need to file a non-provisional patent application citing the benefit of the innovations to retain the rights over the usage, application or modification of the innovation.

In addition to the aforesaid, you need to be extremely careful when filing for provisional applications as erroneously made applications may provide applicants with a false sense of security and even cause problems if they rely on them in disclosing their innovations to the public. Hence, it’s safe to say that hiring a patent attorney is of indispensible significance when filing the application. Irrespective of whether you are filing provisional or non-provisional patent application, always ensure that you have a proficient patent attorney for preparing the application.


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