As an inventor, protecting your new idea is a crucial step in bringing your invention to market.
The United States Patent and Trademark Office is the specific organization responsible for
reviewing registrations and issuing intellectual property patent protection for domestic citizens
Acquiring a patent is relatively intricate, and certain aspects can be confusing for first-time
applicants. This article explores five things that every inventor needs to know about the patent
process to minimize the chance for issues.
Avoid These Three Common Patent Mistakes
Registering your invention is thrilling, but don’t let the excitement cause you to make costly
mistakes during your patent process.
Mistakes in your patent filing can cause delays in receiving your patent and incur additional fees,
which you can avoid with some preparation.
The tips below will help you mitigate delays and extra fees during your patent application.
1: Know What to Patent
Our first item may seem obvious, but it’s imperative to know that not every item can or should be
patented. Many people confuse patents and copyrights, and each serves a particular purpose.
Copyright typically protects creative expression in art, such as literature, musical, or graphical,
whereas a patent protects novel inventions. This “novel invention” descriptor plays a substantial
role in determining what qualifies for a patent and what gets rejected.
Most inventors believe their ideas to be unique; however, many designs do not meet the novel
invention criteria. Firstly, it is not possible to patent a purely ethereal idea. The invention to be
patented must be functional and workable in real world-space.
Secondly, the invention must be novel or unique. You would not be able to place headlights on a
scooter, for example, and then patent the resulting contraption. Headlights and scooters already
exist as products, and so your invention of a “scooter with headlights” would fail the novelty
2: Choose the Correct Application
The Patent and Trademark Office has many various forms and fees associated with each type of
patent and entity size. Choosing the wrong kind of application will result in a rejection of your
Depending on your development progress, you may need to file either
provisional or main patent application. Provisional applications have fewer requirements and
are less expensive; however, you must file the main patent application within one year of a
Main patent applications are rigorously examined, and the process can take an extended amount
of time (up to thirty-two months). During this time, an official patent examiner will be assigned
to your case and scrutinize your application. Afterward, the examiner will issue an acceptance or
rejection of your application. If your application is denied, you may still be able to patent your
invention if you address whatever concerns the examiner lists in their report.
3: Know When to Ask for Help
Applying for a patent can be an intimidating and involved process. Patent attorneys exist for a
reason, and there are other legalities and finer points of each case that they can address.
A patent expert can help you communicate with the patent examiner, fill out the required
paperwork and deal with any issues that may arise. Additionally, a patent expert will advise you
whether additional patents or international applications are required and assist you in filing them.
Now, Bring Your Idea to Life
Patenting your design is a vital step in marketing your invention. At Up-Rev, we specialize in
taking ideas from concept to completion. Contact us today for a free consult, and let’s build