When inventors meet with a patent attorney, they’ll likely ask, “how long does it take to get a patent?” The usual answer is “it depends.” There are a variety of factors at work.
It’s also crucial to note it’s not a guarantee you’ll ever a patent for your invention. It’s a lengthy, complicated, costly procedure. In the end, there could not be any meaningful protection for your idea.
Entrepreneurs and inventors should collaborate with an intellectual property lawyer from the very start of their inventive process. Patent attorneys can provide advice on the Patentability of your idea. They can also conduct an online search to determine if inventions similar to your idea have already been patented.
However, let’s assume that your invention appears patentable. A patent search shows that nothing similarly has been filed with the U.S. Patent and Trademark Office. What’s the length of time it’ll be to get the patent for that invention?
It is contingent upon factors such as the kind of patent you are looking to obtain and the possibility of opting for various forms of expedited processing, and the unit where the application is evaluated.
Which Are The Necessary Steps To Take To Obtain An Invention Patent?
Each process of patent filing has a specific flow. But, the process can sometimes be confusing, and leaving without a plan is the most likely possibility of making an error when applying for an invention. The steps listed below will be an excellent guide to obtain knowledge of the whole procedure of process of a patent.
- Create a Request
- File for approval
- Office Procedures
- Examination
- Allowance Notice
- Pending Patent
How to Patent a Product or Idea?
Submitting patent applications is meant to be open to every inventor. Still, it requires enough effort to differentiate legitimate inventions from those that do not meet the requirements of the government’s standards.
Make Sure Your Concept Is Patentable
Going through the patenting process is not a good idea if somebody else has already created your product.
Keep Track Of Your Data
You’ll need to prove the invention’s existence starting from the beginning. It is possible that an inventor is working on similar products in the same period, and, even though the US is now a first to file system, in certain cases you’ll need to document the timeline of your invention to prove that you didn’t copy any other person.
Designing Prototypes
The government will need an exact description of the invention you want to patent. While there is no need to create a prototype, your invention needs to be described in enough detail that a person of ordinary skill in the art can duplicate it.
Make Sure You Are Ready For the Money to Be Spent
Patents aren’t inexpensive. The typical process starts at approximately $5,000 and may reach $20,000 or more for more complex inventions.
A Provisional Patent Application May Be Submitted
Filing a patent might seem overwhelming and costly if you’re a smaller company, such as a start-up or sole practitioner. For the protection of your invention fast and with less expense, it is possible to apply for a provisional patent.
You Should Be Aware That You a US Patent Only Protects Your Invention in the US
The United States Patent Office protects your rights as an inventor in The United States. However, if you desire protection elsewhere you need to obtain rights via a PCT application or other means.
How Long Does It Take to Get a Patent?
It is a fact that the United States Patent and Trademark Office usually take an extended time to examine and then decide whether to approve a patent. Before you reach the agency that is a government entity, the tasks you must complete before you file your application is time-consuming and tedious. It is likely to take a few months to get your patent application accepted when you begin working with your attorney for patents. The typical process can be anywhere from one year to three years or longer.
What if My Patent Gets Rejected?
It is very common for an application to be rejected on the first office action. However, the majority will be accepted on the second office application or later. If, after a reasonable amount of prosecution, the USPTO refuses to grant the invention, itis possible to appeal to the Board of Patent Appeals and Interfaces. But this adds an extra year or more to the approval process. Additionally, you’ll be subject to legal costs. And there is no assurance that the Board will rule in your favor.