The Patent Process

Congratulations! You have realized a dream or idea of yours could help the general population. Now what? An idealization can only take you so far without the proper background to get it out there, you know, out there into the masses of people.

The real work begins now. You need to hone your passion into creating a business plan and marketing plan for your idea. If business legal language is too difficult for you to read yet alone understand, look into trusting your idea to a company that can assist you. Did you know: There are actual companies who help with the entire process of bringing your invention or innovation to life, into an actual tangible product or process?

You may be wondering why a company needs to assist you with bringing your idea to fruition if your only hindrance is the legal text. The process of getting your idea licensed or patented is quite a lengthy process of paperwork and other legal documents. If your next question is, “Why do I need patents or licenses?” you then need to be reminded how copyright infringements have greatly impacted the entertainment and media industry. Bootlegging is far too common today, and it steals away all the hard work put into media projects and discredits the proper sources. Your idea, no matter what the industry, should not be placed at risk of being credited to anyone else. Did you know: Fine print with all its terms and conditions could implicate action on your part nearly undetected and put your patent at risk in the future if not followed through correctly.

When an idea or product goes through the product development of any given company, it gets categorized of whether it will be patented as design, plant or utility^[1]. Design is most attributed to patent applications for design aesthetic characteristics. Plant is when something is going to be used to mass produce other items. Utility, which is the most popular, refers to a process, machine or mass production of something.

If doing an American patent application, then the filing party will need to indicate whether or not the application is for national or global use. Just like when ordering something online, you will have a choice of standard or expedited processing times. Be prepared for the post-application interview though! This is where you will explain in more detail about your idea and why it will benefit the masses.

If and when the organization, formally United States Patent and Trademark Office (USPTO), which receives United States patent applications, declares your application as approved, there is a payment process. Shortly after, you should receive your patent number and follow up with maintenance fees towards keeping your patent active for the coming years.

Great work! Your idea is now patented. Staying with your trustworthy company or attorney post-application process can still be valuable to you as you proceed forward to getting your tangible product created and distributed, or your idea implemented in appropriate markets. If you find yourself wanting to learn more about the patent process, take some time to talk with a patenting process expert today!

^[1]MPEP Editorial Staff. “Patent Process Overview. 4 September, 2013. The United States Patent and Trademark Office. Retrieved February 20, 2014 from http://ift.tt/1hwLqXZ.

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