Patent - How To Get One
In this article we're going to discuss how to get a general
patent as there are actually different kinds of patents that can
be obtained.
If you're an inventor and think you've come up with some gadget
that is going to be in everybody's home in the next few years
then you might want to think about securing a patent for this
amazing invention otherwise you might find that it is stolen
right from under your nose.
It is very common to confuse patents with copyrights and
trademarks. A patent basically grants the inventor trademark
rights for his invention. The words of the actual patent grant
are as follows: "the inventor is given the right to exclude
others from making, using, offering for sale, or selling the
invention in the issuing country or importing the invention into
that country." In other words, the inventor has complete control
over his invention.
There are 3 kinds of patents that an inventor can obtain. The
first is a utility patent, which is given to anyone who invents
of discovers a new process or machine. This includes any article
manufactured that is an improvement over a similar article. The
second is a design patent, which is given to anyone who invents
a new design for a manufactured article. The third patent is
called a plant patent, which is given to anyone who invents a
new kind of plant.
To get a patent for any of the above categories the inventor
must file a patent application. Usually, because of the
sensitive nature of patent infringement, these inventors will
hire a lawyer to aid them in the process of securing their
patent. These are attorneys who specialize in patent law and
know all the idiosyncrasies of the business. If you're an
inventor hiring a lawyer for this service expect to pay a very
large fee because of the specialty of their service.
If you are looking to save some money you may want to try to get
through the process of getting a patent on your own. The system
itself requires that the patent examiners make themselves
available to help any inventors who are not going through an
attorney. If you're going to go about this process without a
lawyer make sure you make notes of your invention in minute
detail. This is required so as to verify that the invention is
indeed new and original and not an infringement on somebody
else's patent.
Make sure you read through the application questions very
carefully so as to make sure that your invention qualifies as an
original work otherwise you can be wasting a lot of time and
money in the process. Even without using an attorney the filing
fees can run as high as $2000. In some cases you may also have
to build a prototype of your invention and give the patent
examiner a demonstration of how it works.
In order to make sure your invention is indeed original you will
have to research all current patents. You can do this either
online or at the Trademark Depository Library.
Also remember that applying for a patent is a business decision.
Even if the item is original you still want to make sure there
is a market for it before you go through the whole process only
to find out that nobody has any interest in what you've
invented.