How to Patent an Idea or Product

Want to know on how to patent an idea or product, that is your indigenous creation? Read ahead to know on how to patent an idea or a product.
"Jack is a computer wizard. Viruses, Anti viruses and hacking have always been his subjects of passion. His aim is to build a software that can track down the hackers by capturing their IP address and port numbers. After a lot of research and hard work on his project, he has successfully made one which could cover his requirements. He implements the product functionality and checks and rechecks it. Everything works fine. Finally his idea has taken the shape of a product. But before he launches his product in the market, he remembers one important task - Patent his product!."

When you have made a new invention which is an adaptation of your own idea, you feel you are on cloud nine! Isn't it? But halt! Take a look before you leap! What if your idea/product is known to someone who callously plans to steal it as he is aware that this idea is going to earn him a fortune as well. No worries! Before you set your credits rolling, ask yourself - 'how to patent an idea or product?'. Now for people out there who do not know what patents mean, here you go. Patenting is a legal procedure in which a document is made to certify that the sole owner of the idea or product has the absolute and exclusive right to commercially exploit the invention of his idea or product, thereby preventing other inventors and manufacturers from using the same idea. The document is called a patent. Patenting applies to a technology, an invention of an idea, a product which can be a composition or a process or machines as well. What cannot be patented are facts, literary and artistic works (as these come under copyright), sounds and pictures (as they come under trademark) and naturally occurring entities.

Patenting An Idea for a Product
Following are some tips on how to patent a product idea.
  • Check for Uniqueness - Check for the genuineness of your innovation. This is the first step if you want to patent an invention of yours. Precisely, determine if your idea is unique and can be implemented as a useful product that can result in commercial success. This is because, as per US Patent and Trademark Office (USPTO), an idea alone cannot be patented. Its ability to pave way for an invention is what matters the most.
  • Document Your Ideas - Documentation is a mandatory process in any field which is a proof for the idea you have. Enter every little detail in your documentation. This includes a cover page, an outlined approach of your idea cum invention, how it works, how it can be manufactured, what all possible market strategies can be adopted for the production of the product and your claim for the product. Not to miss, include the time of the documentation as well. This documentation is a proof that the idea for the product is solely a result of your thought process. Make sure your documentation, graphs and charts are notarized and stored safely.
  • Perform a Patent Search - This is an important step to verify if the idea has not been developed before by anyone else. On the contrary, if at all you come across similar inventions, you can research on the product and propose ideas to modify its features. Then you make a brand new product with modified and better functionalities on the older one. When you go about patent searching, visit the USPTO website and try to analyze which category would your product fit in.
  • Creating Prototypes - What is a prototype? It is a rough version of your idea which will demonstrate the design of your product. The main advantage of having a prototype is that it helps you to identify flaws in your invention and gives you ample time to rectify it. A prototype of your product is a must when applying for a patent or licenses.
  • Applying for a Patent - Before applying for a patent, understand that there are two kinds of patents - a provisional patent and a non provisional patent. A provisional patent offers protection for a limited duration of time. This is not so good an idea as there is a chance for the idea getting stolen by someone else once the deadline is crossed. A non provisional patent, on the other hand, is one which requires to be filed within a year from date of provisional application. Other patents such as utility patents and design patents are also available. First download the utility patent application from USPTO website and apply for a patent. In case you are not sure which patent to apply for, contact a patent attorney for guidance. And make sure all the information provided by you about yourself, your background and your idea for patenting is all genuine and certified by notary.
Guidelines to Sell Your Patented Product
Now that you know how to patent a product idea, these tips will help you out in how to sell your creative idea.
  • Compilation of Documentation - When you present your idea cum invention before USPTO, make sure you have all the evidence pointing towards the exclusive innovation of your idea cum product. The USPTO issues a patent only if your product cites commercial success.
  • Clear and Crisp Documentation - Be very crisp with your documentation, when you present your idea before USPTO. All your ideas on how the idea can be transformed into a commercially successful product, how it can be manufactured and how it can be marketed should be organized and presented in the right flow. Make sure all pages of your documentation are notarized before the presentation.
  • Claim for Autochthony - During presentation, vouch for the endemism of your idea. As mentioned, a creative and an exhaustive patent search will help you to understand if your idea is solely your creation and has not been thought by anyone else in the past 20 years.
  • Demonstration of Prototype - Presenting the prototype of the product is the important part of your patent filing process. USPTO will determine the viability of your yet-to-be produced product depending on the performance of your prototype.
I believe this information was an answer to how to patent an idea yourself! If you have any creative ideas emerging in your head and want to implement them, make sure you patent your intellectual property once your documentation gets over.
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Published: 7/26/2010
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