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.

Michael Russell
Your Independent guide to Patents

Patents and Fees: An Overview

Gaining a patent on your invention can be an expensive undertaking. From beginning to end, here are the basic fees you will need to be prepared to pay. Please realize that many others may crop up depending on how complex the prosecution becomes for your patent.

First of all, the PTO will expect you to pay a filing fee on your patent application. Fortunately though, the filing fee is not due immediately. You may choose to send in the filing fees later during the prosecution. There are different fees for different application types. Different fees for various documents. And different fees for the petitions that may need to be sent in during the prosecution.

As you can imagine, the mere filing of a patent application is a fairly expensive ordeal. To make matters worse, the PTO actually charges fees throughout the entire process. At the very least, you should expect to pay a filing fee and an issue fee (but remember, you won't need to worry about this right away - it can take well over 2 years for your patent to be allowed).

Maintenance fees must also be paid on every utility and plant patent at three intervals once it is granted. At worst, you may have to pay these fees (filing fees, issue fees and maintenance fees) plus fees for several petitions, fees for late filed IDS's, extensions of time, disclaimers, appeal-related fees and fees for a request for continuing examination among many other fee related extras. It is best to know the fees associated with gaining a patent up front so that you can budget your expenses later.

 Lisa Parmley - Registered Patent Agent Receive your FREE subscription to our Inventor's Bulletin. It's packed full of tips on how to patent and market your invention. Patent Your Inventions

What Is A TradeMark And Why Should I Have One?

The short answer to this question is that a trademark can become a brand. Even if you're business is local, a brand name is important not only from a marketing but also a customer perception basis.

When many people think government business registration documents, they naturally think patents. General copyrights which establish ownership of certain types of property like writings, music etc. Trademark registration however is used to establish ownership rights to a specific design, character, lettering style or combinations and of all these into 1 single general identifying mark.

Good examples of Trademarked products would be the NIKE swoosh or McDonalds Golden Arches. These trademarked designs are readily identifiable with the company using them. Trademarks, Servicemarks and other official registrations are good because they establish ownership. That is, you simply could not open up a fast food restaurant and use the McDonalds

If you're considering a trademark, the first thing to do is a quick check to make certain what you want to register is even available.

There are many trademarks of obscure companies that may be similar enough to your idea to create confusion and a potential problem. This research can be done by several methods including the use of a patent and trademark attorney. A better approach, especially if you're a small company or one starting out, is to simply contact the federal government and request information on the process steps. The first stop on your journey should be http://www.uspto.gov to get the latest information and process to follow.

Be advised that the federal government is pushing for paperless transactions whenever possible. Their current fees to process a trademark application is 325 dollars if filed electronically. If you prefer to file the application with physical paper

In addition to the application and fee, a drawing must be presented showing your design and proposed trademark. You should also be prepared to have examples of how you're using the proposed trademark - Servicemarks currently in your business. If approved, you will then have the exclusive ownership of that particular design.

The benefits of having an easily recognizable Servicemarks cannot be denied. Go anywhere around the world and even if you cannot read the language, a familiar red can with silver ribbons will announce and identify the drink in the container as Coke, the real thing! How much more valuable would your business be if you had a service mark as distinctive and as easily recognizable as a can of Coca-Cola?

Abigail Franks writes on a variety of subjects which include family, travel, health, and business. For More information on Trademarks visit the site at http://www.trademarks.openbriefcase.com