For starters: You can’t.
You can’t patent “an understanding.” It is actually versus the law. Patents could only be awarded for things, processes, compositions, machines, manufactured articles, inventions. Abstract theories or ideas, by themselves, cannot be patented. America Supreme Court often reaffirms this basic point. You possess to come up with a little bit more than a great idea to have a patent.
So you’ve taken your idea and created a prototype? Now you’ve got something to patent. Attorneys would possibly disagree on step one to consider. Some might say to document it within an inventor’s notebook. Some might say to function upon it and develop it. My advice: talk with legal counsel if you are reasonably close to a “finished” product. Maybe that only takes three prototypes, maybe it requires three hundred. Once you’ve got something you believe is truly different, truly new, and nearly complete, speak with a patent attorney.
Critical inside you ability to get how do you patent an idea is when you first disclosed it. Above all, respect this particular one-year deadline: once you’ve disclosed your invention to a person without an obligation to keep it secret, you possess 1 year to patent it in the usa. Afterward, you lose the correct. In other countries, you lose the proper when you tell or show the invention to someone prior to deciding to file a patent application.
A patent attorney may suggest a couple of things when you first talk with them. They ought to tune in to what you’ve put together, check out it, hear what your ultimate plans and goals are, and discuss your options. Some may recommend a provisional patent application – a kind of place-holder that could have advantageous early-filing benefits. Some may recommend you decide to go ahead with a full utility patent application. Others may suggest you perform a patent search first to determine whether your invention continues to be invented or described before, in which case it may not be eligible for a patent.
In the event you proceed having a patent application, an attorney should draft the application. In the same way you would want a plumber to maneuver your toilet supply and drain lines all over the bathroom, or possibly a cardiologist to carry out your bypass, you desire a patent attorney to write the patent application. Doing the work yourself can render your invention worthless. There are lots of rules that has to be followed, many court cases that inform just how a patent application is read and construed, and new inventiony will be aware of these and employ them when drafting the application form.
The patent attorney works closely along before filing the application form. You’ll chat with him or her often, describing the invention and its particular possible variations. As soon as the application is ready, you’ll need to sign some papers verifying the contents and veracity of the application and acknowledging the duties you need to the Patent Office after the application is filed. The applying will be filed together with a list of fees paid for the Patent Office. Then begins the waiting game.
The Patent Office is quite backlogged – it takes two to four years just before the Patent Office sends the first response letter to you. When it does, it is going to either let your application, or it will make rejections and objections that point out difficulties with your application. At that point, you may abandon the application form or make changes and send them back in. Should you follow the application, the Patent Office sends another letter. Sometimes at this point, you may have to continue arguing from the Patent Office’s rejections. Sometimes, it is actually more worthwhile just to let the application die. Hopefully, though, your application will likely be approved also it can issue as being a patent. You’ll must pay another fee – a concern fee – to have the application actually become an official patent.
Following the patent issues, you will have to pay regular maintenance fees to maintain it alive. During this time period, it is possible to monitor the patent invention to ascertain if others are infringing it. You may even would like to market it and attempt to license it to competitors or companies that can use your product or service. 2 decades right after the filing date from the patent application, your patent will expire. At that point, everyone may start making your invention without your permission.