So you’ve got a product or an idea for a product. You are sure there is a market and there is a well-founded concern someone will steal the idea and run with it if it is not protected legally. You have just entered the patent zone. Well, maybe not just yet….
A patent is essentially a form of protection under the law to ensure that no one else can make, use or sell a product without the permission of the patent owner.
Having an idea about exactly what it is you want to patent is obviously a necessary first step. But what if someone else already had the same idea—and it has already been patented?
This is the time to conduct a patent search to make sure someone else has not already come up with “your” unique idea. Part of doing the homework involves thinking critically about what separates your idea from similar inventions, if any are known to exist. If it passes that test, and if your idea is truly different, it will be necessary to complete an application with the U .S. Patent and Trademark Office.
Outside of a trusted advisor and/or confidant, a patent examiner at the U .S. Patent and Trademark Office will likely be the first person you contact about your idea during a review process. As the title suggests, a patent examiner evaluates the specifications of a product to determine whether they do or do not overlap with patents granted to previous inventions, or if the idea is indeed unique enough to be patentable in the first place. The examiner will likely send an applicant a list of items in the application that should be clarified or, in some instances, changed. At this point, it is possible to either argue the point(s) or modify the application to address the examiner’s concerns.
Assuming everything checks out with the review process, the product may be granted a patent. In the United States, the lifespan of a patent may range from 14 to 20 years, depending on type.
It’s not uncommon even for an inventor who has been through the process already to hire a patent agent or attorney to help guide him or her through the process and to argue for them on point(s) contained on a rejection list. If you have made it through Round 1 and you are looking to making it through Round 2, it is a good idea to know the ropes or consider the advice of someone who does.