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5 Steps of how to patent a product

Imagine after putting great effort, you have invented something and with full surety, you have launched it in the market. After some time, you came to know about the fact that other people are using your technology without your permission. How would you feel? Disheartened, right? After all your efforts being just casually taken for granted. That’s why it is important to get a patent on your invention and here are “5 steps on how to patent a product?” 

Let’s first understand, 

What can be patented?  

The Patentability of an invention depends on these three factors: 

  • Novelty
  • Non-obviousness &
  • Industrial applicability 

If your invention fulfils all these criteria, then you can get your invention patented. All these factors will have a major influence on your patent application. Also, you first need to decide which patent you want, there are three types of Patents – Design patents, Utility patents, & Plant patents. It depends on your requirement which patent is suitable for you. 

  • If you want to get a patent based on functionality, then you can go for a utility patent. 
  • If you want a patent for design or ornamental structure, then you may opt for a design patent
  • If you are a botanist and you want to protect your creation of rare species of plant, then you can opt for a plant patent.

 

Now, here are the 5 steps you can follow to know “how to patent a product?”

 

  • Do Patentability Search: Before investing even a single penny in your patent, you need to confirm that your idea is eligible and holds the capability to be patented.For that, you need to do a patentability search before filing a patent to check that your patent idea is novel and non-obvious. To know this, you need to do thorough google research about the existence of any prior art & maintain records of the relevant prior art. 

 

  • Develop your idea:In the patent office, you need to describe your idea for that you need to describe your invention in words. That’s why you need to develop your idea in such a way that you can explain your invention in the best possible way. This will help you in facing the office actions if any arise. 

 

  • Draft the patent application:After preparing a description of your Patent, you need to draft a patent application with which you can proceed. While filing your patent, you need to ensure that your application is as per the patent office requirements. 

 

  • File the patent application– Now, as you are done with your patent drafting, you need to file your patent application. You can consider filing a provisional patent application as it provides you with one year to work on your invention. Also, if you are done with complete drafting and documentation of your patent application, then you can directly file a non-provisional patent as well.   

 

  • Be aware that you may also need an international patent: you need to be aware of the fact that your patent only provides you protection in a specific jurisdiction. If you want to get exclusive patent rights internationally then you need to either file directly in the jurisdiction or file a PCT in WIPO. 

 

Also, if you are willing to fasten up the process of your patent filing, then you can opt for Accelerated Examination. Usually, on average it takes somewhere around 24 months to get a patent, but with the accelerated examination you can get it within 6-8 months. 

 

Conclusion: 

We hope that this blog provided you with enough information that will help you know how to patent a product. This complete process of filing a patent can be tedious and tiring so you need the right patent attorney who can add value to your patent application. If you want to get a patent on a product, then Wissen Research can help you with the complete process.