What is a Patent?

When you apply for a patent, you are applying for ownership over an idea that you have. With this idea, you intend to produce whatever it is and distribute it to consumers. Having a patent allows you time to perfect, produce, and get distribution set up for your invention. Your idea, and soon-to-be invention, become your intellectual property when you are granted a patent. This also means that for an extended amount of time, no one else is able to make, sell, or use your invention. Patents give you protection from other inventors stealing your idea but also the time to make your invention how you truly envisioned it. You wouldn’t want to feel that you had to send a product out that was ready just to beat another inventor. Getting a patent is a beneficial way to ensure that your invention is what you want and protect it from others.

Patent Types

When you apply for a patent, you will be asked what type of patent you are applying for. There are three types of patents to choose from. You will want to make sure that you are applying for the correct patent for your product, or it is likely that your application will not be accepted. A utility patent is for products that are items we use day to day. This would include technology, machines, and household items. Things like a computer, air fryer, and mop would be in this category. Things that help with the everyday function of life. Design patents are for things that would be considered ornamental designs. Such as jewelry, clothing, or furniture. These items are designed to be more aesthetically pleasing to the eye. Plant patents are for when there is a new plant that is created or discovered by an individual. Your invention must fall under one of these categories and you will apply for that patent type.

Patent Requirements

If you are considering applying for a patent, there are a few things that you will want to consider before you start the process. There are five main requirements for your invention to even be considered when you submit your application. If your invention fails to meet these requirements to qualify for a patent, it will not be considered. The list below is the requirements to qualify for a patent:

• A detailed description of your invention is required. The description needs to be detailed enough that a professional from the industry would be able to replicate your invention just from the description. It should include how your invention is made, how it works, and what purpose it serves.
• The invention needs to be useful. It should have a purpose and benefit the world once it is produced and distributed.
• The invention must be a process, machine, composition of matter, and articles of manufactures to be considered for a patent.
• The invention should have never been seen before and is new to the world. Until you receive a patent for your idea, you should not be sharing it with others.
• The invention needs to be inventive. The idea should come as a surprise and not be an obvious idea.

If your invention fits all of the requirements above, it should qualify to be considered for a patent.

The Importance of a Patent

If you have an idea or invention that you want to bring to life, it is vital that you apply for a patent on that intellectual property. Once you have a patent, it means that you are the only person that can produce and sell your invention. This will allow you the time to perfect your invention and get an outstanding product out to consumers. Having a patent protects your invention from being replicated by others and trying to claim it as their own. If you feel that an individual or business is copying your intellectual property, with a patent, you have the right to do something about it. Patent infringement should be taken seriously, and with the help of our team at Beard St. Clair Gaffney, we can help you protect what is yours. If you choose not to get a patent for your invention, you could allow someone else to see your invention, claim it as their own, and be awarded the patent for your invention. Patents are based on who applies first with the idea, not who came up with the idea. By choosing to patent your intellectual property, you are protecting your ideas and set yourself up for success when it comes to producing your invention.

Why Beard St. Clair Gaffney?

When it comes to your intellectual property, it is vital that you take the correct steps toward protecting your ideas. Applying for a patent can feel intimidating and lengthy, but it is well worth the work that goes into it. Our team is detail oriented, experienced, and willing to help you through each step of the process to make it a positive experience for you. Getting a patent for your invention can make all the difference in making your vision become a reality. Call us with any questions that you may have, there is no idea too big or too small to be considered for a patent. We are here to help you protect what’s yours.