The Process of Patenting an Invention Requires More Than Just Money

Patenting an invention involves a legal process that grants the inventor exclusive rights to make, use and sell the invention for a limited time. (Image credit: Pixabay)

Many engineers and makers have designed novel devices that have been borne out because of a need or the desire to innovate. Electric vehicles, TVs, and mobile devices are just a few inventions that have impacted our lives, but with anything of value, those designs can be and have been stolen. It's an unfortunate aspect of design that has plagued the creative community for hundreds of years, but there is a solution in the form of patents.

A patent is a form of intellectual property that provides the owner with a legal right to prevent others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure or specific details. The process of patenting an invention can be a hassle, and as such, some choose to hire patent lawyers to navigate the legal process. In contrast, others tackled the patent process by themselves. So, what does it take to patent an invention, and how much does it cost?

The process of patenting an invention can be complex and time-consuming, but it can be broken down into several steps. Below is an overview of the process that can provide some insight into how to go about securing users' designs:

1. Conduct a patent search: Before investing time and resources in patenting your invention, you should conduct a thorough patent search to ensure that your invention is novel and non-obvious. This can be done through the United States Patent and Trademark Office (USPTO) website or other online databases. Users may also consider hiring a patent attorney or agent to conduct the search.
2. Determine if your invention is eligible for a patent: To be eligible for a patent, your invention must meet specific criteria, including novelty, non-obviousness, and usefulness. A patent attorney or agent can help determine if your invention meets these criteria.
3. Prepare a patent application: Once you determine that your invention is eligible for a patent, you will need to prepare a patent application. This application must include a written description of the invention, including any drawings or diagrams, and a claim that defines the scope of the invention.
4. File the patent application: Once the application is prepared, it can be filed with the USPTO. The filing fee for a patent application varies depending on the type of patent, the size of the entity applying, and other factors.
5. Wait for the patent office to review the application: The USPTO will review the application and conduct a search to ensure that the invention is eligible for a patent. This process can take several years, and the USPTO may issue office actions requesting additional information or clarification.
6. Respond to office actions: If the USPTO issues an office action, you will need to respond promptly. You may need to make amendments to the application or provide additional information to satisfy the USPTO's requirements.
7. Receive a notice of allowance or a final rejection: If the USPTO determines that the invention is eligible for a patent, it will issue a notice of allowance. If the USPTO determines that the invention is not eligible for a patent, it will issue a final rejection. If you receive a final rejection, you can appeal the decision or make changes to the application and resubmit it.
8. Pay maintenance fees: Once the patent is granted, you will need to pay maintenance fees to keep the patent in force. These fees are due at regular intervals throughout the life of the patent.

Overall, the process of patenting an invention can be complex and may require the assistance of a patent attorney or agent to navigate the process successfully. This is also a generic overview, as the process can be different depending on what is being patented. For example, medicine and implants warrant FDA (Food and Drug Administration) coordination with the USPTO before a patent can be issued. Of course, the process is also different depending on the country that issues the patent and may require additional steps before it becomes granted.

Patenting an invention requires money for everything from filing fees to the amount of time the invention remains intellectual property. (Image credit: Pixabay)

Costs are also a factor in garnering a patent, especially when lawyers are involved. The costs associated with patenting an invention can vary widely depending on the complexity of the invention, the type of patent being applied for, and the country in which the patent application is filed. Below are some of the costs that may be associated with patenting an invention in the US:

1. Patentability search: The cost of a patentability search can vary depending on the complexity of the invention and the time required to conduct the search. A patent attorney or agent may charge between $500 and $2,000 for a patentability search.
2. Preparation of the patent application: The cost of preparing a patent application can vary depending on the complexity of the invention and the time required to draft the application. A patent attorney or agent may charge between $5,000 and $15,000 or more to prepare a patent application.
3. Filing fees: The filing fee for a utility patent application is currently $330 for a small entity and $660 for a large entity. The filing fee for a design patent application is currently $250 for a small entity and $500 for a large entity. The filing fee for a provisional patent application is currently $140 for a small entity and $280 for a large entity.
4. Prosecution of the patent application: If the patent examiner issues an office action, additional costs may be incurred for preparing a response to the office action. These costs can vary depending on the complexity of the office action and the time required to prepare a response.
5. Issuance and maintenance fees: If the patent is granted, maintenance fees must be paid at regular intervals to keep the patent in force. These fees can range from a few hundred dollars to several thousand dollars depending on the type of patent and the duration of the patent term.

It's important to note that these costs are just estimates and may vary depending on various factors. It's recommended to work with a patent attorney or agent who can provide a more accurate estimate of the costs associated with patenting a specific invention.

Conclusion, and thoughts:

With all the information gleaned above, the question becomes – should you file a patent and is it worth doing so? Many tech companies discourage the practice among their engineers as a defensive aspect to prevent patent trolls and other entities from gaining rights to profit from licensing litigation instead of product development. Those that do allow engineers to file patents often have to make sure their inventions align with company policies and goals, which in some cases are the only way engineers can become recognized for their works.

Patenting an invention takes a lot of work, and it may be beneficial to hire a patent attorney to navigate the complex process. Some of the benefits include gaining legal protection, giving you the right to exclude others from making, using, selling, or importing the invention for a certain period of time (usually 20 years from the filing date). This can prevent others from copying or stealing your invention, and can give you leverage in negotiations or legal disputes. Patents can also be used to commercialize your invention, by licensing it to others or selling it outright. This can provide financial benefits and allow your invention to reach a wider audience than you might be able to on your own.

That said, It's worth noting that not all patent applications are successful. The patent office may reject your application for a variety of reasons, and even if your application is approved, you may still face legal challenges from others who claim that your invention infringes on their own patents. Overall, whether or not it's worth it for engineers to file patents will depend on their specific circumstances and goals. If you have developed a truly unique and valuable invention and have the resources to invest in the patent process, it may be worth pursuing. However, if your invention is relatively simple or not likely to be commercially successful, the time and expense of filing a patent may not be worth it.

From experience, I have one thing to say. Doing a complete patent from end to end is too difficult alone. Don't even attempt it. I wrote one, drew the pictures, etc. Even filing on my own it cost thousands. I later had to have friend help me get it passable for the patent office. Don't have the hookup like I did, you're looking at $30k to file one patent, and event then it will get rejected. 

It's first to file wins the patent. The redesigned for larger corporations with limitless resources to get all of the patents. Let's hope these rules get changed.

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