Getting a Patent on Your Own

When someone has an idea for a new invention and they want to pursue it, there are two basic routes they can take.  They can turn to an inventing company to help them create, prepare and present their ideas to corporations, manufacturers and retailers in an effort to get it licensed on store shelves, or they can try to do it on their own.  In some cases inventing a product on your own can be cheaper, but in order to do so successfully, you must know what you are doing.

If you are currently in the process of inventing a product on your own, it is important to do as much research as possible.  There are certain areas of the process that may be more confusing than others, and one wrong move could end up costing you a lot of extra time, effort and money.  

Getting a patent on your own is one of those areas.  One of the most important things to consider before even thinking of getting a patent on your own is whether the timing is right.  Many inventors think that getting their idea patented immediately is the right thing to do.  However, corporations with lots of experience will tell you that may not be the correct approach.  

Smart inventors and most reputable inventing companies will tell you that patenting often comes near the end of their inventing process.  Once you have come up with an idea, checked for other patents that are similar to your idea, talked confidentially to manufacturers about what they are looking for, created a working prototype and talked to manufacturers some more, then it may be time to consider a patent.  It is crucial to improve your concept and make sure it’s as good as you can make it before even thinking of trying to get it patented.  

Before you begin the application process, it is a good idea to do a patent search.  You can begin this online, but you may also want to take a trip to a Patent and Trademark Depository Library. This research will help you navigate your way through the application process and help you come to an agreement with the patent examiner.

Next begins the one to two year process, where the patent application will shuffle between the applicant and the patent examiner until an agreement is made as to what aspects of an invention the patent will cover, if any. Following the agreement, the Patent and Trademark Office will publish a description of the patent in the Official Gazette, which gives others a chance to object to the patent. If no one objects, the applicant then has to pay a required insurance fee and the PTO gives the applicant the patent deed. If a patent is issued by the U.S. Patent and Trademark Office, upon approval of the application, it will grant the inventor a monopoly on the product for 14 to 20 years.

What is included in a patent application? The US Patent and Trademark Office can provide you with the specifics, but typically the application includes a Patent Application Declaration, which is simply a statement that the information provided is true, an Information Disclosure Statement, explaining why the invention is different from all similar developments and a patent specification, which is a detailed description of the invention, as well as how you would build and use the invention. This should be accompanied by drawings to help fully explain the details and specifications. There should also be a description of all aspects of the invention you would like to have covered by the patent. And finally, you must submit your application with a filing fee.  In some cases, you can ask for a reduction in rate.

The patenting process can be expensive, time-consuming and stressful.  Before jumping into it, it is important to understand when and how to do it so that when the time comes, it will go as smoothly as possible.    

Do you have an invention idea?  Click here to confidentially submit your idea.