Your ideas are valuable. Patent laws were created to protect your creative property from being ripped off or duped. Understanding the patent process comes down to knowing the differences in types of patent, as well as the security that the various types of patents offer.
Let’s start with the three types of patents:
- Utility patents
These cover products and processes, and protects the way an article is used and works. - Design patents
These cover how a product looks, including its shape/configuration or surface decoration. - Plant patents
This patent is specific to plants! It is awarded to anyone who has invented or discovered a new variety of plant.
Know What to Expect: The Patenting Process
You’ve got an idea and you want to protect it. Patents are an excellent idea, but require a lot of work and attention to detail during the application process – especially if you’re wanting to get the application approved on the first try (and seriously, who doesn’t want that). The average from between applying for a patent and hearing back on the decision is about 18 months. Your invention isn’t protected until the patent is actually granted, so do your research – especially if your patent is in a crowded industry, like software or electronics – and make sure you’re fulfilling every requirement of the application process.
Understand How Patents Protect You, And How You Must Protect Them
Patents give you lots of rights, but they can also create new work. A patent typically gives the holder the monopoly on the patented product, excluding others from making, using, selling or importing the patented invention. However, in the event that someone infringes on your patent, you are responsible for sending out the “cease and desist” letter. Anyone who knowingly infringed upon your patented invention during the application period is also liable, but they have to be sent that “cease and desist” letter to actually be prosecuted or punished. Adding a “patent pending” to your website is a helpful way of “proving” that you took pains to inform potential rippers, but it’s not watertight. It’s also important to remember that the term of a utility and plant patent is 20 years, whereas a design patent lasts 14 years. Once the time runs out on the patent, it expires and the invention becomes public.
The Costs of Patenting
No such thing as a free patent. They are expensive to purchase and maintain, and so it behooves the inventor to really weigh the benefits and profitability of their patent before they start the process. When you’re preparing your patent application, expect to pay the following fees:
- A basic filing fee
- Cost of examination and search for existing patents
- Your patent attorney’s fees
- Maintenance fees on said patent to uphold its legal standing.
Get Pre-Protection with a Provisional Application
A provisional patent application is a great way to protect your patent while you’re waiting for your official application to come through. This provisional application DOESN’T mature into a patent on its own, but it is useful to ensure that you don’t lose your patent rights while you wait for the official word – especially if you slip up and reveal your application to the public.
Patent approval process is tricky and long. We here at IdeaBoss have made it our business to support you through the application process, and refine your idea to make sure it has the best chance of getting approved. And once it’s approved, the sky is the limit. Got an idea you think needs a patent, but need some support to see it through? Get in touch with one of our professional advisors today.
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