| Getting a patent is a long complicated process, | | | | agreement before you talk about or collaborate |
| which is why some hire a patent lawyer to help | | | | on your invention. See our guide on non-disclosure |
| them get it done. That’s an option if you | | | | agreements. You can also find out about |
| want to pursue it but here are the basics to | | | | confidentiality on the Intellectual Property Office |
| getting a patent with or without one. | | | | website - Opens in a new window. |
| The first thing you need to do is determine | | | | -Contain an inventive step - meaning the idea |
| whether your idea is marketable. If it is, do a | | | | wouldn't be an obvious development to someone |
| thorough patent search to see if one already | | | | with a good knowledge of the field |
| exists. This can be done most easily on the | | | | Many people don’t realize just how much has |
| website U.S. Patent and Trademark Office. Then | | | | already been patented. Even if you don’t see |
| you should determine if the idea is patent-worthy. | | | | your invention on the shelves, that doesn’t |
| While fairly straightforward, the technical terms | | | | mean it’s not already be owned by another |
| and legal aspects of filing a patent application can | | | | inventor. Because of this, Noro IP highly |
| be confusing. I’ve attempted to outline the | | | | recommends getting a Patentability (Novelty) |
| patent process step-by-step and include simple | | | | Search done before applying for a patent. Patent |
| explanations of patent terminology you will | | | | applications can cost approximately $2,000 - |
| encounter along the way. It should be noted that | | | | $10,000 and take years to complete. But |
| getting a Trademark or Copyright follows a very | | | | Patentability (Novelty) Searches start at $300 and |
| different process. | | | | take approximately 1-2 weeks, saving you |
| If you have a patent lawyer they can issue a | | | | considerable time and money to determine if your |
| reply to have the case reexamined, or you can | | | | invention is patentable and if filing a patent |
| do so yourself. Multiple rejections are not | | | | application is worth it. |
| uncommon and at some point you can schedule | | | | An invention must be new, useful and non-obvious |
| an in-person interview to discuss the patent | | | | to get a patent granted. You may conduct a |
| application. | | | | Patentability (Novelty) Search on your own using |
| To get a patent, your invention also has to: | | | | keywords and search terms using the free |
| -Be capable of being made or used in some kind | | | | USPTO Patent Database or other patent |
| of industry - you can't get a patent for a theory | | | | databases. You will also want to search the |
| or an idea, a discovery, an artistic work or an | | | | USPTO’s Patent and Trademark Depository |
| animal or plant variety, though there may be | | | | Library for other patent-related publications. |
| other ways to protect this intellectual property. | | | | If you have a patent you don't have to exploit it |
| See our guide on protecting intellectual property. | | | | yourself. You can also make money by licensing |
| -Be new - your invention must not have been | | | | somebody else to exploit it. This gives them the |
| made public before you apply for a patent. This | | | | legal right to manufacture, use, sell or import your |
| means it is essential that you keep your invention | | | | patented invention. |
| secret when you are developing your idea. You | | | | Licensing a patent can be an important source of |
| should make sure that everyone concerned - | | | | revenue for your business. Some businesses exist |
| including partners, press, employees and suppliers | | | | solely to collect the royalties from a patent |
| - signs a non-disclosure or confidentiality | | | | they've licensed. |