What Is a Patent?

When you come up with an idea or invention, you need to get a patent for it. This means the idea becomes your intellectual property. It will prevent others from making, using, or selling your invention for a certain amount of time. Allowing you the time to perfect your invention, have it produced, and sell it to your consumers before anyone else can. If you are not sure if a patent is what you need, at Beard St. Clair Gaffney we are happy to answer questions and guide you through the process.

What is Required for a Patent?

In order to even qualify to apply for a patent application, there are some requirements that must be met first. You may have a great idea, but that does not mean that it can be patented. There is some variation depending on your location, but there are five basic requirements that are consistent regardless of location:

Written description– When you are applying for a patent, your invention has to have a detailed written description. This description must include how it is made, how it will be used, and the purpose that it will serve. What is written should be detailed enough that an expert in the industry would be able to replicate your invention just from the description.

The invention is useful– The invention has to be useful to the world. It cannot be just for fun, but it must have a function and improve the lives of people.

The invention is new– This may seem obvious, but the invention must be new and never seen before. This also means that the invention should be a private matter that has not been shared with the public.

The invention is inventive– The invention should be a surprise to individuals, even those within that field. It should not be an obvious or easy idea to come up with.

The invention is patentable– For it to be considered for a patent it has to be a process, machine, composition of matter, and articles of manufactures. Only the inventions above would be patentable.

What Type of Patents are There?

There are three different types of patents, and your invention must fall under one of the categories. Before you apply for a patent, you will need to know which type of patent your invention falls under. The three types of patents are utility patents, design patents, and plant patents. A utility patent is for commonly used items. Such as household items, machinery, and most forms of technology. A design patent is for things that are ornamental designs. Jewelry, clothing, or furniture would all fall under a design patent. Lastly, a plant patent is for newly created or discovered plants.

Process To Apply for a Patent

With inventions, it is vital that you protect your invention by applying for a patent. The process can be long but well worth it so that your intellectual property is protected from others. Your invention does not need to be perfect because getting the patent gives you time to perfect it before producing it for consumers. The first step in applying for a patent is to decide which type of patent you need whether it be utility, design, or plant. Then compare your invention to the requirements that are listed above to be sure that it is patentable. Once you are sure what type of patent you’ll apply for and that it fits the requirements, you will want to decide if you want a patent attorney. Some choose to go through the patent application process alone, but many choose to work alongside a patent attorney like us at Beard St. Clair Gaffney. Applying for a patent is complicated and having an expert on your side gives you the knowledge and confidence that you are protecting your invention properly. Whether you choose to use a patent attorney or not, you will complete your application and submit it to the USPTO.

After your application is submitted it will be examined, and if there is any missing information or problems you will be assigned an examiner. The examiner will be in contact with you on what needs to be fixed on your application so that it can be submitted. Once resubmitted, it will be processed, and the decision will be made whether or not you will receive a patent. If you are granted a patent, you will need to pay associated fees, and then you will officially be the owner of the invention.

Why Beard St. Clair Gaffney?

When you come up with a great idea that could be beneficial to many, it should be celebrated and protected. At Beard St. Clair Gaffney, we know that patent law is complex and can seem intimidating, so we are here to help. Let our team of experts help you through the process whether you are not sure if you need a patent or are in the middle of your application. Having an idea that could turn into an invention is a dream to many so if you find yourself in that situation, make sure you are doing your part to protect your invention. Please call us if you have any questions or are just not sure what your next steps are, we are here to help you. Patent law is a long and complicated process, so just remember that you have experts on your side.