How to Patent and Idea

Patents in the USA

Learning how to patent an idea is often the first step in the invention and patent process for new inventors.  When inventors contact my company, InventionHome.com about the patent process and learning how to patent an idea, we believe they should start by learning about provisional patent applications vs. utility (non-provisional) patent applications.  To understand the provisional patent, you must first understand the difference between provisional and non-provisional patents.  The non-provisional patent is what is traditionally thought of as the "full" patent.  It can be of either a "utility" or a "design" variety, and it establishes the filing date and begins the USPTO’s patent review process.  On the other hand, the provisional patent provides temporary protection in that it establishes the filing date but does not start the USPTO review.  The provisional patent is good for one year from the filing date.   It is significantly cheaper than a non-provisional patent and provides the inventor with a 12–month period in which to market and/or develop their invention (while using the term "patent pending") before they need to invest in a "full" non-provisional patent.  The provisional patent does not require the patent claims, which are a key element of the non-provisional application.  Additionally, a provisional application is not examined by the USPTO and does not convert to a regular patent.  The inventor must submit the non-provisional application within one year of the provisional filing date; otherwise, they would not be able to use the original filing date of the provisional application.

A provisional patent application should include the following elements, which are significantly scaled back from the non-provisional application:

  1. More information about "Design" versus "Utility" patents can be obtained at www.uspto.gov.       

Inventors often ask if it makes sense to file their own patent application as opposed to hiring a patent attorney.  This question is a matter of opinion, but I believe it depends on the type of application you are filing.

Provisional Application – Absolutely!  The provisional application process is not overly complicated; therefore, I believe that many inventors can file a reasonably good application if they spend the time researching and understanding the application process and writing the application.  Although, if you do not have the time, the cost to have someone else prepare it is usually under a thousand dollars. In this case, it may be worth your time to hire a third party.

Non-provisional Application – Absolutely NOT!  Although there are many good books on the topic of filing your own patent application, the process is not easy.  In my opinion, even with patent filing books as your guide, the process is difficult and requires a level of expertise that only comes with practice.  Although you may be able to work through the components of the application, capturing the optimal language in the claims section is not trivial.  This is one time that you should rely on the expertise of a registered patent attorney.  If you do not have one, I would be happy to refer you to several.

Provisional Application – Absolutely!  The provisional application process is not overly complicated; therefore, I believe that many inventors can file a reasonably good application if they spend the time researching and understanding the application process and writing the application.  Although, if you do not have the time, the cost to have someone else prepare it is usually under a thousand dollars. In this case, it may be worth your time to hire a third party. 

Non-provisional Application – Absolutely NOT!  Although there are many good books on the topic of filing your own patent application, the process is not easy.  In my opinion, even with patent filing books as your guide, the process is difficult and requires a level of expertise that only comes with practice.  Although you may be able to work through the components of the application, capturing the optimal language in the claims section is not trivial.  This is one time that you should rely on the expertise of a registered patent attorney.  If you do not have one, I would be happy to refer you to several.

About the Author:

Russell Williams cofounded InventionHome.com and MatchProduct.com to assist inventors and entrepreneurs through the patent and invention development and marketing process. He's been asked nearly every invention-related question in the book, and shares his wisdom in an article series, "Inventor Q&A".



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Delicious Chocolate Recipes:

Delicious Chocolate Penuche, Frostings, and more:

Frostings are sweet often creamy glazes made from sugar with an added liquid such as water or milk, that is often enriched with ingredients such as butter, egg whites or vanilla flavorings and is used to cover or decorate baked goods, such as cakes or cookies. Pastry bags are then used to apply the frosting to cakes, pies, muffins or other baked goods. A high-quality reusable pastry bag is often made from tightly woven nylon, polyester, rubber or waterproofed cotton. Medium quality bags are similar, except they are not so tightly woven and may let some contents seep through the weave or the seams. After use, a reusable bag is washed by hand and hung open to dry. A high-quality bag may last for many years.

Chocolate Devil's Food Cake

Cream the butter, add sugar and chocolate , then the unbeaten eggs and vanilla, and beat together until very smooth. Sift the baking powder with one-half a cup of the flour, and use first; then alternate the milk and the remaining flour, and make the mixture stiff enough to drop from the spoon. Beat until very smooth and bake in loaf in moderate oven. For tests see Cocoa Cake recipe on page 25.

Chocolate Ice-Cream

Put milk, salt and chocolate in double-boiler, and when milk is hot and chocolate has melted, stir in the flour, previously mixed in a little cold milk. Cook ten minutes, then pour this over the condensed milk, eggs and sugar mixed together; cook again for four minutes, stirring. Strain, and when cool add vanilla, and freeze.

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