How to Patent a Product

Inventors’ rights are protected by the issuance of patents. A patent ensures the inventor the exclusivity to license or manufacture the product in the United States. Knowing how to patent a product correctly is an integral part of the process.

Ascertain Product Originality

The product cannot be comparable in use or structure to another patent. Researching existing product patents is a necessary function of the process to apply for a patent. Since there are fees related to the product patent application, the inventor will want to know in advance if a similar patent has already been issued to another inventor. This information is available online through the United States Patent and Trademark Office website.

Request a Provisional Patent

Inventors can decide to make an optional request for a provisional patent for the product. The inventor is given protection similar to a patent and publicly declares the product as his invention. This option can provide more time for the inventor to improve the product, outline marketing strategies and finalize the product patent application. The provisional patent is categorized as a pending patent.

Description and Claims

The description and claims of the invention are vital parts of the product patent. The product’s description must be accurately detailed as to its composition and design. Manufacturing details must be defined in detail. The claims portion further describes what the product provides and how.

Legal Assistance

Some inventors find a patent law attorney essential to write the descriptions and claims portion of the patent application to ensure a strong and detailed patent.

Product Patent Costs

Cost depends on how many illustrations are necessary, the amount of claims being offered and legal fees. It is advisable to research thoroughly. Prices can range from a few thousands to over $20,000. This amount can be merely to legally obtain a pending patent. A provisional patent costs less; however, this is only for a 12-month period and a formal application must be filed within that time or the inventor will not be able to get a patent. Also be ready for costs to increase if the patent office rejects the application. If this occurs, the inventor must then start the costly appeals process.