You have thought of a new invention, and you want to stop others from making your invention. After all, you spent time and effort to develop the invention and you should be rewarded for it. Like how Apple invented the iPhone and can stop others from making it, you should be able to stop others from making your invention. You know you need a patent, that’s what stops others from making your invention. Now, how do you go about getting a patent?
1) Put your Thoughts to Paper
The first step in getting a patent is to write down how your invention works. You can’t patent an idea that is floating inside your mind, no matter how great it is. At our patent firm, we call this putting your “Thoughts to Paper”. We need to explain to the US Patent Office how your invention works so that we can ask them to give you a patent. Start by writing down how your invention works, in layman terms is fine. Draw a drawing of your invention to help others understand how it works.
2) Perform a Patent Search
You don’t want to spend time and money applying for a patent if the invention already exists. The Patent Office will only give patents for new inventions that are novel, nonobvious, and useful. Search the internet to see what similar inventions already exist, to get an idea of how likely you can get a patent if you. If you do a patent search and you find similar inventions, you might then be able to work around those inventions by modifying your invention. By learning what is already out there then adding features to your invention to differentiate from those existing inventions, you increase your chances of being approved for a patent.
Have a patent attorney or patent agent perform a professional patent search. Not only may a patent attorney or patent agent find inventions you may not have found, a patent attorney or patent agent’s value is in their experience in interpreting the patent search results. Most existing inventions you find will not be identical to your invention. If an existing invention has 70% of your invention, what are the chances you can still get a patent? Is that 30% you have different from the existing invention enough for you to get a patent? These are questions an experienced patent attorney or patent agent can answer because they know how the patent office thinks. They see patent rejections every day and can advise you on how different you need to be compared to existing inventions, for you to get a patent.
3) Write the Patent Application
To ask the US Patent Office for a patent, you must explain to them exactly how your invention works. A patent application is a combination of a technical writing and a legal writing.
The technical writing describes how your invention works from an engineering perspective. It lists all the components of your invention and how they are arranged for the invention to work. The patent office is less concerned about what the invention does, and more about how the invention works. For example, the patent office doesn’t care that much that the iPhone is used to make phone calls or send text messages, that’s what it does and every smartphone does that. Instead, the patent office cares that the iPhone has a face recognition sensor at the top, an array of cameras on the back, a set of buttons on the left, and so forth. These are the components of the invention that differentiates the iPhone from other smartphones. This must all be clearly written in a technical writing that is submitted to the patent office.
Then, the patent application must include a legal writing called patent claims. Patent claims define what the inventor thinks is the most important part of the invention deserving a patent, and how much protection the inventor is asking for. Are you asking the patent office for the right to stop anyone from making any smartphone, period? Or are you asking the patent office for the right to stop someone from making a smartphone that specifically has 3 cameras on the back, 1 camera on the front, and a face recognition sensor on the front? We need to tell the patent office what you have invented, then tell the patent office what parts of your invention you want to protect, and then how broad or narrow you want to protect. Every smartphone? Or a smartphone with a specific configuration?
Work with a patent attorney or patent agent to write your patent application. Our firm frequently gets requests from inventors who prepared their own patent application incorrectly which are often unable to be fixed. Since the patent office has a rule that you cannot add new information to a patent application after filing, an improperly prepared patent application often cannot be fixed and a new patent application must be prepared and filed.
4) File the Patent Application
Once the patent application is prepared, it is to be filed with the patent office. It’s not just mailing the patent application to the patent office. There are a bunch of papers such as the declaration, application data sheet, entity certification, information disclosure statement, and other papers which may or may not be needed depending on the situation. Filing the wrong papers may result in your patent application being sent back, delaying the patent application process.
5) Discussions with the Patent Office
Once the patent application has been filed, the patent office will examine the patent application. The patent office looks for similar inventions that existed before your invention and issues an opinion as to whether it thinks your invention is different enough from existing inventions. Don’t expect the patent office to immediately approve your patent unless you have invented a time machine. There will certainly be similar inventions out there and the patent office will show them to you and ask you why you think you are different enough from those existing inventions to deserve a patent.
Think of this as a convincing and negotiating process. First, we need to convince the patent office that your invention is different enough from existing inventions. Then, we need to negotiate the strength of the patent with the patent office. Maybe the patent office isn’t willing to give you a patent for any smartphone with a camera, but the patent office is willing to give you a patent on a smartphone with specifically three cameras on the back. Are you okay with that? These are negotiations that need to take place with the patent office, with help from your patent attorney or patent agent.
6) Patent Grant
If we convince the patent office to give you a patent, you’ll get notice that it’s time to pay an issuance fee to have the patent granted. Before you celebrate, you’ll need to think about whether you want to or need to file what we call child patent applications. Child patent applications are additional patent applications that may cover more than what your approved patent covers. For example, if your invention has two variations but the patent office only approved one variation, you may need to file a child patent application to then try and cover the second variation. It’s more to think about before you celebrate and get your patent in hand.
Conclusion
On first look, the patent process only has a few steps. Describe how your invention works, do a patent search, file the patent application, discuss with the patent office, get your patent. However, each step involves many considerations and requirements. Understand how the patent application process works at a high level. Then, when you’re ready to apply for a patent, work with an experienced patent law firm and go through the patent application process.
