If the process of obtaining a patent for your new invention is overwhelming for you, then you are certainly not alone. While it is necessary to utilize an intellectual property attorney to obtain your patent, it is also vital that you have a basic understanding about how the process works from start to finish.
Here are the three steps necessary for you to apply for a patent for your new invention:
Step 1: Ensure Your New Invention is Unique and Commercially Viable
Many people misunderstand the patent process by assuming that you can obtain a patent for any new invention. However, this is not exactly the case. All patents require that the invention meet the guidelines of being unique and viable in the marketplace. To determine if your new invention is unique, a special patent researcher will search current patents for similar inventions. If your item is unique, then you will have to prove to the patent office, through your application, that your invention has a monetary value in the marketplace.
Step 2: Create Legally-Sound Documentation
To obtain a patent for your new invention, you need to have legally-sound documentation of your invention. The documentation should include:
- an explanation of your invention that includes exactly how it functions and how it will be used in the marketplace
- a narrative of how the idea was conceived and information about each step you have taken to perfect your invention to date
- any blueprints, sketches, or photographs necessary to document your invention and how it works
This documentation is necessary in the case that you have to prove you were the first person who made the invention. If someone happens to hear about your invention and tries to patent it before you have the chance, then the documentation can be used in a court of law to overturn the other person's patent and have it granted to you instead. Without documentation, you do not have any way to prove that you made the invention and you will not be able to obtain a patent.
Step 3: Complete an Application and a Declaration of Power of Attorney
The final step in patenting your new invention is to have an intellectual property attorney like Adrienne Naumann complete your patent application form and a declaration of power of attorney form. The declaration form is a legal statement that you are the true inventor of the item that you are seeking a patent for. You will need to review and sign both documents and then submit them to the US Patent Office for approval.