How To Patent A Product: All You Need To Know

Patents are essential for safeguarding inventions. In this comprehensive guide, we will walk you through the process of patenting a product, covering the key steps involved and highlighting the benefits that come with securing a patent.

Patentability assessment: Is your product patentable?

Before beginning the patenting process, it is critical to determine whether your product fits the patentability standards. Your product must be useful, unique, innovative, or non-obvious to be eligible for a patent. This means it should have a practical application, be previously unknown to the public, and include a level of inventiveness above what is considered common knowledge. If all three conditions are met, a patent will be issued.

What is the test of novelty when applying for a patent?

To determine novelty, patent examiners perform a search of existing prior art, which includes any information available to the public before the filing date of the patent application. If the invention is discovered to be already known, used, or described in the prior art, it is not considered novel and cannot be patentable.

What are the benefits of patenting your product?

A patent grants the inventor the sole right to use, manufacture, and sell their idea, providing them with a competitive advantage and barring others from exploiting it without permission. Patents act as a legal barrier and provide innovators with a brief monopoly on the market, allowing them to profit from licencing or commercialization. They are considered a form of intellectual property asset that can be used as collateral for financing and increase the appeal of a company to investors.

These benefits vary depending on the sector and individual situations, and seeking professional advice is recommended in certain scenarios.

How to patent your product:

Follow these steps to patent your product correctly. It is important to note that the application process may differ depending on jurisdiction and specific circumstances. It is recommended to seek professional help

1. Preliminary analysis and patent search

First and foremost, it is important to search for any prior art documentation already available. This step helps you assess the novelty of your invention and determine its patentability. Minesoft recommends using patent search tools such as Minesoft Origin to thoroughly examine previously issued patents and inventions. Minesoft Origin includes powerful artificial intelligence patent search features that allow individuals with no prior knowledge of patent research to easily find prior art. Our user-friendly technology also transforms legal jargon into a more understandable language. You can ensure that your idea is original and distinctive with just a few clicks.

2. Prepare a utility patent application

Utility patents are used to protect inventions that are a “useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.” Gather all essential information including a complete description, features, functions, innovative aspects and any supporting materials (e.g. prototype, illustrations etc), to construct a comprehensive utility patent application.

3. Consultation with a patent attorney

It is recommended that you seek the advice of an Intellectual Property lawyer to help you navigate the complexity of IP law and ensure that you meet all the necessary requirements

4. Draft the application with your attorney

Work with your patent attorney to create a well-structured, precise, and complete patent application that effectively reflects your product’s distinctiveness and invention.

There are commercial tools available to help internal IP, R&D teams and individuals to communicate with external IP lawyers on projects in an easy and secure manner. Shareable folders and projects provide a safe and dependable mechanism for teams to communicate sensitive IP material and readily review relevant patents. Patent databases like PatBase and PatBase Express give IP legal teams a comprehensive database and a variety of search options to do in-depth Freedom-to-operate searches and study patent landscapes. 

5. File the patent application

Follow the steps for filing your patent application with the appropriate patent office and pay the applicable fees. Use online solutions such as Minesoft Legal StatusTracker to help you track changes in your application by receiving automatic patent alerts directly to your inbox.  

6. Await review from the Patent Office

Collaborate with the assigned patent examiner, reply to any objections or rejections, and make any necessary changes to improve the application. Using software like Legal Status Tracker allows you to monitor changes directly via your email and eliminates the need for time-consuming manual legal status checks, shortening the time it takes to grant your application. 

7. Respond to Patent Office actions

If the patent office objects or wants more information, work together with your patent attorney to address these concerns, and give the appropriate comments and revisions to improve your application.

Notice of allowance

If your application passes the examination stage successfully, you may obtain a Notice of Allowance, signifying that your patent is likely to be awarded.

8. Issuance of your patent

Your patent will be formally granted after you complete any remaining formalities and pay the relevant fees. Once your patent is formally granted you receive exclusive rights to your innovation for a set period, usually 20 years from the date of filing.

Utility Patent Cost and Maintenance Fees

The cost of patenting a product includes application expenses as well as maintenance payments over the life of the patent. These fees vary by jurisdiction and can be handled with your patent attorney or the relevant patent office.

How long will my patent last?

A utility patent is typically valid for 20 years from the filing date. However, bear in mind that patent restrictions and durations vary by jurisdiction. Another important factor is that once a patent is issued, it must be maintained by paying an annual renewal fee to the Intellectual Property Office(s) through which you applied.

Minesoft makes patent searching simple

Minesoft offers innovative software tools to support the analysis of already-issued patents, conducting in-depth searches, and ensuring a thorough examination of the prior art. Request a demo today to learn more about how Minesoft’s suite of global patent intelligence solutions may help you with your patenting journey.

Conclusion

Patenting your product is a strategic step that offers numerous advantages, like protection, market advantage, and revenue prospects. By following the steps mentioned and enlisting the assistance of a patent attorney, you may effectively navigate the patenting process, secure your invention’s exclusivity, and realise its full market potential. Start the patenting process today to take the first step towards protecting your creation.