What Qualifies for a Patent?

Just because there is a great idea does not mean that it will be allowed a patent. There are qualifications for new inventions to qualify for a patent. Depending on where you are located the specific requirements may vary but the five core requirements are the same.

Written Description

For the invention to be taken into consideration, it needs to have detailed instructions that describe how the invention is made, how it works, and what its purpose is. This written part of your application should be specific enough that another expert in the field would be able to take it and recreate your invention.

The Invention is Useful

The invention needs to prove that it is useful to the world. It cannot be something that isjust for fun, but would be beneficial and used.

The Invention is Patentable

To obtain a patent, it has to be a process, machine, composition of matter, and articles of manufactures. These kinds of inventions would be able to be considered for a patent.

The Invention is New

It should be something that has not been seen before. It should also not be known to the public; it should be a private matter when applying for your patent.

The Invention is Inventive

This means that the invention should be something that is not obvious, even to those that are within the field of the invention. It should be an idea that will surprise others.

Different Types of Patents

There are three different types of patents. Before you apply for a patent you must know which type of patent your invention falls under. There is a utility patent, a design patent, and a plant patent. A utility patent is for items that are commonly used. It would include inventions in technology, machines, household items, and more. Design patents to protect the ornamental design of new inventions. Items that fall under this patent would be jewelry, clothing, furniture, and more. Lastly, a plant patent is for a newly discovered or created plant.

Process of Applying for a Patent

With an invention is it important to get a patent to protect your idea and ensure others cannot recreate it for their benefit. The process for getting a patent can be lengthy but worth all the time spent on it. First, you need to figure out what type of patent your invention falls under. Next, as stated above you have to be sure that your invention is patentable, and that the application process is not a waste of time. Once you know that your invention is patentable and what type of patent you will need, you need to decide if you are going to use a patent attorney. Some choose to go through the process alone, but many inventors choose to hire a patent attorney. Patent law is complex, and you want to be sure that your invention is being protected adequately. After you have decided on using an attorney or not, you will prepare your application and submit it to the USPTO.

If your application is not missing any information, it will be assigned to an examiner. They will communicate with you, or your attorney if you chose to use one, about your application. If there are concerns with your application, they will work with you and give you a chance to fix them. If it is approved, you will be notified and asked to pay particular fees. Once your fees are paid, you will be mailed your patent information.

Provisional vs. Non-Provisional

When applying for a patent there are two types of applications you can choose from. It is either provisional or non-provisional. The difference between the two is that the provisional patent application does not get reviewed by the United States Patent and Trademark Office and a patent will not be rewarded. Non-provisional patents are reviewed by the United States Patent and Trademark Office and can result in a patent. The benefits of provisional are that it is less expensive, an easier application process, and faster to file. Provisional patent applications protect your idea for one year while you are finalizing the invention and getting ready to apply for a non-provisional patent.

Why Beard St. Clair Gaffney?

At Beard St. Clair Gaffney, we want to help you protect what is yours. No matter the type of invention, we have years of experience to help you through the process and ensure that it goes smoothly. Patent law is detailed, and we are here to ensure that your invention is adequately protected from others. If you are not sure whether you should be applying for a patent or not, we are happy to answer any questions to help you figure out what your next steps should be. Contact us, we are here to help.

FAQ

How long does the patent application process take?

From the time you start your application to have the patent in hand, on average it takes 24 months.

How long is a patent in effect? 

Utility and plant patents are valid for 20 years. A design patent is valid for 14 years. After the patent expires, it is not renewable, and the invention is open to the public.

What if there are two inventors on one invention?

In a situation of two inventors, the patent will be given to both inventors.

Do I have to apply for a patent? 

You are not required to apply for a patent on your invention, but we strongly encourage you to. If you choose not to patent your invention but put it on the market, another individual could see your invention and patent it themselves. The patent will always be awarded to the inventor that files for the patent first, regardless of who the original inventor is.