Do You Need to Patent Your Invention? Everything You Need to Know

As an inventor, you probably already know the importance of protecting your ideas. One of the crucial ways to do this is by obtaining a patent. A patent is a legal document that gives the creator the sole right to manufacture, use, and sell the invention for a certain period. In this article, we’ll discuss what an invention is, what a patent is, when to patent your invention, how to patent your invention, and why working with a patent attorney is important.

What is an Invention?

An invention is a new and useful process, machine, article of manufacture, or composition of matter. It involves creating something innovative that has never been created before. An invention can be a tangible product or a new and useful method or process that improves an existing product or creates a new one.

What is a Patent?

A patent is a legal document that gives the patent holder the right to exclude others from making, using, or selling the invention for a certain period, usually 20 years from the date of filing. The patent holder can also license or sell the rights to the invention to others. There are three types of patents available: utility patents, design patents, and plant patents. A utility patent protects the functional aspects of an invention. A design patent protects the ornamental or aesthetic aspects. And finally, a plant patent protects a new variety of plant that has been created through sexual or asexual reproduction.

When to Patent Your Invention

The timing of filing a patent application can be crucial to the protection of an invention. Filing one can help ensure that no one else files a similar patent before you do, possibly causing the loss of patent rights. It’s important to determine if your invention is patentable before filing the application, so a full federal patent search, although not required, is strongly recommended. Patentability is determined by whether the invention is useful, novel, and non-obvious, and whether the invention occupies an already crowded field of art. There are also other factors to consider, such as the size of the market for the invention and any associated production costs, among other things.

How to Patent Your Invention

The patent application process can be complex and time-consuming. However, if done correctly, it will protect your invention for years to come. A patent attorney will need to prepare and apply for a patent with the United States Patent and Trademark Office (USPTO). A complete non-provisional patent application includes a written description, one or more patent claims that accurately describe the scope of the invention, and a set of formal drawings. The writing of a patent application can take several months to complete since it is not a boilerplate, fill-in-the-blanks document. Each patent application is an original piece of writing, written from the ground up.

Working with a Patent Attorney

Hiring a patent attorney can make the patenting process less daunting and ensure your patent is completed correctly. An experienced patent attorney can help you through every step of the process, from determining patentability to preparing the application and filing with the USPTO. With their knowledge and support, you’ll be able to focus on developing your invention while they handle the legal side.

Final Thoughts

Patents are incredibly valuable assets that can provide the patent holder with competitive advantages, increased marketability, and the ability to generate income through licensing fees or the sale of rights. However, the patent application process can be confusing and complex. Working with the patent attorneys at Parsons & Goltry, PLLC, can greatly simplify the process and ensure your invention is thoroughly protected. We can provide you with expert advice and guidance to help ensure that your invention is legally protected, so you can focus on bringing your ideas to life. Call or text us today!