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Is It Possible To Get Idea Patented In The United States?

Posted by Barry Choobin | Sep 08, 2022 | 0 Comments

Patenting an idea in the United States can be a complex, multi-step process. Technically, a basic idea cannot be protected with patent protection, according to U.S. law. Of course, this is not the end of all hope for new inventors. As an inventor yourself, you should clearly understand the process for converting your original idea – so that it's suitable for intellectual property (IP) protection. This way, you can get a patent with confidence and defend against the competition. Read on to learn how to get an idea patented in the United States.

Verify Eligibility

Before you invest time and money into prototype development and invention construction, take time to verify your idea's eligibility. Not every idea qualifies for USPTO patent protection. In general, you cannot protect inventions that have already been invented and commercialized. Additionally, your invention can't simply be a combination of two known-things. An invention may also be rejected if it is considered too abstract. Natural discoveries additionally don't qualify for provisional, design, or utility IP protection. Furthermore, your idea must have a use that is non-speculative and well-defined. Surely, verify eligibility to get an idea patented in the United States.

Convert Your Idea Into A Tangible Invention

To be eligible for US Patent protection, you need to convert your idea into a tangible invention. The United States Patent & Trademark Office (USPTO) will only offer protection to new, novel, and non-obvious inventions. To make the conversion, your first need to prepare detailed documentation for your idea. Outline everything clearly in an invention journal – which should then be signed by an official witness. This can defend you against competitor claims later on in the IP acquisition process. Once you have the information (and funds) available, start creating sketches and visual prototypes. Ultimately, you want to create a usable prototype that encompasses all the detailed laid out in your inventor's journal. With a tangible invention in hand, you can start focusing on getting your idea patented in the United States.

Hire A Patent Attorney

With your invention in hand, it is time to hire a patent attorney. An IP lawyer Texas will walk you through the process of preparing, drafting, filing, and prosecuting your patent application with the USPTO. When searching for a qualified attorney, look for someone with years of experience, process knowledge, and a relevant professional background. You may also want to check their earned patent database and inquire about their success rate. This way, you only recruit skilled, certified, and expert patent help to work on your invention defense. Indeed, hire an attorney to get idea patented in the United States.

Choose A Form Of Protection

Now, you are ready to choose the type of patent protection for your unique, original, and novel idea. Most inventors begin with a provisional patent application (PPA). A PPA gives you a “Patent Pending” status – extending for a one-year period. Basically, these IP assets state that you are the true, original inventor of your idea. At the end of this twelve month pendency, you'll want to file either a design or utility patent application. If you are solely looking to defend the product's visual ornamental characteristics, design patent protection will suffice. Otherwise, you'll need a utility patent to protect your invention's actual functionality. Absolutely, select a form of IP protection to get a patent with the USPTO.

Submit Your Application

After all your hard work, you are officially ready to submit your USPTO patent application. During this stage, you'll work closely with your certified patent attorney to avoid any submission mistakes or errors. Once your application is officially filed, it is time to await US Patent Office response. If any objections are made, your patent lawyer can help promptly file an office action response. This way, you can acquire your IP protection in a timely manner. Definitely, application submission is absolutely critical to get a patent application on your original idea.

There are several steps to get an idea patented in the United States. First and foremost, verify your idea's eligibility with USPTO patent requirements. Next, convert your conceptual idea into a tangible invention. Once you've done so, hire a skilled, qualified, and registered patent agent California. Now, you are ready to choose a type of patent to file with the US Patent Office. At this point, it is finally time to file your invention and await USPTO response. Follow the points highlighted above to learn how to get an idea patented in the United States.

About the Author

Barry Choobin

Barry Choobin with Jonathan W. Dudas. Jonathan W. Dudas served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office until January 18, 2009. Barry Choobin is Chief Executive Officer at Patent 360 LLC. Applying his business and tech...


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