Roadmap to Filing a Patent Application - YouTube

Welcome inventors and patent pioneers! Intellectual Property and

the realm of patents, is a new and exciting frontier for you! You’ve had your

'Flash of Genius', now you can boldly go on your innovation journey to seek a patent for your unique and

inspired creation!

NARRATOR’S VOICE (LESS GRANDIOSE): In other words, if you think you may have an invention

worth patenting, then filing for a patent would be your next logical step

forward on the road to joining the pantheon of patent holders!

The United States Patent and Trademark Office is the right place to

start if you are thinking about filing a patent application but aren’t sure how to do it.

The USPTO is your one-stop shop. You can find the answer to all of your particular patent

questions right here. Let me walk you through an overview of the patent application process

so you can begin to get your ducks in a row. Oh you know what I mean! You can prepare for

what comes next each step of the way.

Before you go too far, understand that you can’t just patent any

idea. You have to have an invention for a process, a machine, something that can be

manufactured, or even a composition of matter, or an improvement to an existing invention.

Your invention should have a purpose or solve a problem.(engine sound comes in) Maybe it

is smaller, faster, less expensive, quieter (engine sound cuts out), or environmentally

friendlier than anything else like it. Of course an invention can’t defy nature. Everyone

knows that! If you want to make a prototype, that’s one way you can show the invention

is useful and really works, but it’s not required.

Consider making a business plan before you even think about filing.

Ask yourself: who will buy your invention, what their buying habits are, and how much they

will pay for it? Many resources are available to help you study the market. Start with the

internet and public libraries. You can read magazines and journals, and even do a search

of already published applications and patents. Check out BusinessUSA.gov for additional resources.

The searching that you did to prepare your business plan can also

help you with a patent search. For more assistance, you can also visit USPTO Headquarters, your

nearest USPTO satellite office or the closest Patent and Trademark Resource Center, and

hey, you can visit us online too! Because before you file a patent application, you

should make sure somebody else didn’t think of it first. Did you really invent something

new? No need to reinvent the wheel! (Beat while the Narrator listens.)

You did invent something new or improved? Well, look at you go! If

it really is novel, or not obvious, then you may be ready to file a patent application

so that your intellectual property is protected.

If you file a patent application all by yourself, the USPTO recognizes you

as a Pro Se inventor. There are resources like this video designed to help you. You

can go it alone, but keep in mind the process requires persistence and determination!

Consider the help of a registered patent agent or attorney to assist you. The application process is

likely to go more smoothly and with fewer mistakes if you seek representation…just sayin’!

You have made it this

far in understanding the patent process, and there are still a few more important things

to consider. It’s not one size fits all for a patent. In fact, there are three types

of patent applications: Utility, Plant and Design. A utility patent is for an invention

such as a process, a machine, something that can be manufactured, or even a composition

of matter.Plant patents are for plants that are asexually reproduced. And a design patent

covers the ornamental design of an object or what’s applied to it.

For design patents, your invention will be protected for fifteen years

and for plant and utility applications, in general, your invention will be protected,

from the date of filing, for twenty years. Say what? That’s right! TWENTY YEARS! That

is, of course, IF a patent is granted. Visit uspto dot gov to learn more about the types

of patents. Now my brave young patent pioneers, it is time to check out the check-list provided.

[Haywire music starts and then cuts off.] NARRATOR’S VOICE: Hold up I’m not quite

finished! [Music starts back up.]

NARRATOR’S VOICE: So now that we have navigated through this challenging innovation journey,

you might feel like an expert …or not so much. If not you’re not feeling it, you

can call the Inventor’s Assistance Center at 1-800-PTO-9199, or check the Electronic

Filing System page at the USPTO website and you’ll find descriptions and examples for

each section along with contact info and pertinent patent particulars.

So patent on, my fellow inventors, patent on!