Welcome inventors and patent pioneers! Intellectual Property and
the realm of patents, is a new and exciting frontier for you! You’ve had your
'Flash of Genius', now you can boldly go on your innovation journey to seek a patent for your unique and
inspired creation!
NARRATOR’S VOICE (LESS GRANDIOSE): In other words, if you think you may have an invention
worth patenting, then filing for a patent would be your next logical step
forward on the road to joining the pantheon of patent holders!
The United States Patent and Trademark Office is the right place to
start if you are thinking about filing a patent application but aren’t sure how to do it.
The USPTO is your one-stop shop. You can find the answer to all of your particular patent
questions right here. Let me walk you through an overview of the patent application process
so you can begin to get your ducks in a row. Oh you know what I mean! You can prepare for
what comes next each step of the way.
Before you go too far, understand that you can’t just patent any
idea. You have to have an invention for a process, a machine, something that can be
manufactured, or even a composition of matter, or an improvement to an existing invention.
Your invention should have a purpose or solve a problem.(engine sound comes in) Maybe it
is smaller, faster, less expensive, quieter (engine sound cuts out), or environmentally
friendlier than anything else like it. Of course an invention can’t defy nature. Everyone
knows that! If you want to make a prototype, that’s one way you can show the invention
is useful and really works, but it’s not required.
Consider making a business plan before you even think about filing.
Ask yourself: who will buy your invention, what their buying habits are, and how much they
will pay for it? Many resources are available to help you study the market. Start with the
internet and public libraries. You can read magazines and journals, and even do a search
of already published applications and patents. Check out BusinessUSA.gov for additional resources.
The searching that you did to prepare your business plan can also
help you with a patent search. For more assistance, you can also visit USPTO Headquarters, your
nearest USPTO satellite office or the closest Patent and Trademark Resource Center, and
hey, you can visit us online too! Because before you file a patent application, you
should make sure somebody else didn’t think of it first. Did you really invent something
new? No need to reinvent the wheel! (Beat while the Narrator listens.)
You did invent something new or improved? Well, look at you go! If
it really is novel, or not obvious, then you may be ready to file a patent application
so that your intellectual property is protected.
If you file a patent application all by yourself, the USPTO recognizes you
as a Pro Se inventor. There are resources like this video designed to help you. You
can go it alone, but keep in mind the process requires persistence and determination!
Consider the help of a registered patent agent or attorney to assist you. The application process is
likely to go more smoothly and with fewer mistakes if you seek representation…just sayin’!
You have made it this
far in understanding the patent process, and there are still a few more important things
to consider. It’s not one size fits all for a patent. In fact, there are three types
of patent applications: Utility, Plant and Design. A utility patent is for an invention
such as a process, a machine, something that can be manufactured, or even a composition
of matter.Plant patents are for plants that are asexually reproduced. And a design patent
covers the ornamental design of an object or what’s applied to it.
For design patents, your invention will be protected for fifteen years
and for plant and utility applications, in general, your invention will be protected,
from the date of filing, for twenty years. Say what? That’s right! TWENTY YEARS! That
is, of course, IF a patent is granted. Visit uspto dot gov to learn more about the types
of patents. Now my brave young patent pioneers, it is time to check out the check-list provided.
[Haywire music starts and then cuts off.] NARRATOR’S VOICE: Hold up I’m not quite
finished! [Music starts back up.]
NARRATOR’S VOICE: So now that we have navigated through this challenging innovation journey,
you might feel like an expert …or not so much. If not you’re not feeling it, you
can call the Inventor’s Assistance Center at 1-800-PTO-9199, or check the Electronic
Filing System page at the USPTO website and you’ll find descriptions and examples for
each section along with contact info and pertinent patent particulars.
So patent on, my fellow inventors, patent on!