Without a doubt, filing an application to have a new product which you developed patented is necessary. For one, it affords you the right of calling a new invention as “my invention.” The question you are probably asking is “How do I patent my invention?” More importantly, it serves as insurance that in the event your invention turns out to be valuable, a patent will allow you to bring infringers to court. Although it can take a lot of time and effort before you have the bragging rights to label a gadget as “my invention,” it definitely is an activity worth pursuing.
Before sending any application to your country’s patent and trademark office, you have to determine if your new invention is actually patentable. The rules for what can be patented are rigid. For a new product to be patentable, it should first satisfy the requirement of newness. This requirement of newness cannot be achieved if there is a very similar patented product in the market at present, or a similar invention has been mentioned in publications for more than a year before you applied for a patent. The second requirement is non-obviousness, which means that it should be sufficiently different from prior art. Simply changing or enhancing one aspect of a comparable item, color and size for instance, is not enough to obtain a patent. Third, it should have a useful purpose and it must be operative.
To help you determine if your idea or gadget is novel and inventive enough, you have to conduct a research. This is very important because it prevents you from wasting time and money for a patent that has already been granted. Keep in mind that patent application fees are nonrefundable.
A patent application consists of detailed technical descriptions, drawings, and claims. You can think of your patent dossier as a contract where each and every single word has an impact. While it is possible to write one yourself and be granted a patent through your own efforts, there is also a possibility that the approved patent does not adequately protect your creation. In this regard, it is highly recommended that you work with a lawyer well-versed in patent law, and recognized by your country’s patent and trademark office.
Even though prototype submission is no longer a requirement when applying for a patent for a new invention since 1995, it still better to have one. For one, it allows you to figure out design flaws. Also, they are great tools to promote your invention, as well as assist you while you make illustrations. Making prototypes can easily become prohibitive though. Hence, a growing number of inventors see virtual prototypes as a more practical alternative. There are a number of design companies that can help you make such prototypes. There are computer programs available today that can simulate an invention in 3D to test if it really works.
The entire patenting process can be financially demanding, even if you decide to do it without the help of agents and attorneys. Most inventors find it more practical to apply for a provisional patent which applies a patent pending status to the item for a year. During such time, you can promote and sell your product to raise money for a non-provisional patent. A patent pending status is a warning to any third party that copying your new invention would result to them being penalized once the product’s patenting application is approved.
A patent is affords you the right to call a new product you created as my invention. Click here to learn about the application process for new inventions. Follow this link to learn about the patenting process for new inventions.