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A Guide To Getting A Patent For A Product From USPTO

Posted by Barry Choobin | Dec 01, 2023 | 0 Comments

There are some crucial steps to getting a patent for a product from the USPTO. Patents for products help bring new ideas, concepts, and innovations into the market. By getting a patent, inventors gain control over how the invention is used, produced, and sold. As a result, you have a formal declaration of property rights on your product. This gives you the opportunity to profit from your product invention over the next 20 years. These rights can make a difference to a successful product launch or losing to competition. Here's our guide to getting a USPTO patent for a product.

Hire A USPTO Patent Attorney For Products

First, hire a USPTO attorney in Texas who specializes in getting product patents. Your patent attorney should have a history of working with individual inventors, entrepreneurs, and startups. Professionals understand how to search, draft, and prosecute product patents. Ultimately, an attorney can ensure that the application covers enough of the invention to protect against competitors. Additionally, they will prepare an application that has a better chance of getting accepted by the USPTO. Otherwise, you could end up wasting time and resources filing an application that gets rejected. To avoid these problems, find a patent attorney for products to get protection.

Identify The Type Of Patent Protection

Next identify the type of patent protection for your new product. Based on the current stage of your product, you can choose between provisional, utility, or design patents. For instance, you should prefer a provisional application if your product still needs improvements – in terms of material or functionality. This type of protection gives you a year to file the non-provisional utility patent. Or, you can directly file the utility application if your product is complete. The USPTO may take up to a few weeks to review and correspond to your utility patent request. Similarly, you should choose a design patent to protect the distinctive appearance of your product. To make an informed decision, consult your patent attorney for the best suitable protection for your product. Indeed, identify the type of patent protection your product needs for USPTO approval.

Evaluate The Product Patent Cost

Now, evaluate the cost of getting a product patent from USPTO. The US product patent cost primarily depends on the actual invention, functional complexity, and the technology involved. You may already have general ballpark estimates, but it is better to get detailed insights on the patent cost. Ideally, you should start by checking the degree of complexity of your product. Simple and minimally complex inventions usually cost between $7,000 to $10,000. On the other hand, highly complex inventions with design and process intricacies can cost up to $16,000. These types of inventions usually include medical devices, telecommunication devices, and satellite technologies. To avoid unnecessary charges, choose a USPTO patent attorney with fixed prices. This way, you will know the final product patent cost right from the beginning.

Conduct A USPTO Patent Search

At this point, it is time to conduct a comprehensive USPTO patent search. A prior art search ensures your invention is new and non-obvious. Look through the USPTO database to evaluate similar product inventions, developments, and patent applications. You can also visit the nearby Patent and Trademark Depository Library (PTDL) for insight on earlier patents. Of course, your attorney can help conduct an official USPTO patent search on your behalf. In addition to the USPTO database, these attorneys also search through technical documents and scientific journals. In case of similar inventions, your lawyer may help evaluate unique product qualities for a distinctive representation. Absolutely, work with a prior art reference patent search firm to get USPTO approval for your product.

File A Patent Application For Your Product

Now, file a patent application for your product with the USPTO office. After the prior art search, use the USPTO website to submit the patent application. Your patent application must include all necessary documents – including product background, summary, in-depth description, and concluding statement. Start with an initial draft that highlights your product's real-world uses and applications. Have your attorney review the draft to remove potential typos, spelling errors, and legal mistakes. Remember, even the smallest mistakes can affect the product's patentability. Additionally, the attorney will help describe the ownership of your invention in detail. Definitely, work with a USPTO-certified attorney to file a patent application for your product.

There are multiple crucial steps for getting a patent for a product from USPTO. First, hire a USPTO-certified attorney with legal expertise in obtaining product patents. Next, work with your attorney to identify the type of patent protection for your invention. To avoid unnecessary charges, you should also evaluate an estimated patent cost in advance. Additionally, conduct an advanced USPTO patent search to ensure your invention is unique, new, and non-obvious. Finally, ask your attorney to draft and file the patent application with USPTO. Follow the points above for getting a patent for a product from USPTO.

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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