There are stringent rules as to what qualifies as an idea that can be patented. Someone who comes up with an invention or new process doesn't have enough to go to the patent office since they must have something more substantial before their idea can receive a patent.

What is a Patent?

That is a record that grants intellectual property rights by the United States into the inventor, so they are protected by others who might attempt to use or market their creation in america. This also applies to preventing the non-patent holder from importing an invention into the united states. There are three Kinds

-Layout: A brand new, original, and ornamental design for fabrication

-Plant: A new type of plant that reproduces asexually

-Utility: A new and useful process, composition of matter, product, or advancement

If you're the inventor of one of those 3 kinds, then you can apply for a patent. However, you will need more than just an idea in your mind.

How to File for a Patent

The very first step would be to maintain careful records of everything you've invented. It follows you will have to have a notebook or some form of documentation the records the process from the time you first thought of this idea to the last step.

Qualification: You'll need to understand if your idea qualifies for patent protection. This means it has to fall under one of the three recognized categories of design, plant, or usefulness. Plus, you'll have to be qualified as the inventor to find a patent.

Assessment: Your thought must be one that delivers some industrial potential, so that is going to have to be assessed before you can apply. An idea that has no practical value can't be patented, so be sure that you address this concern.

Patent Hunt: Here, you have to research to find that nobody has come up with your thought before. If you find one that is similar, then your idea must differ in a substantial way in order for it to qualify for a patent.

File Application: once you've completed all the required steps, you may then file an official application with the patent office. You simply complete the form, answer all questions, include required documentation, and they'll evaluate whether your idea warrants patent protection.

Who Can Find a Patent?

With few exceptions, only the inventor can apply for a patent. This is to protect the inventor from having somebody else file a patent, even if it's in their behalf. That person would be subject to criminal penalties in filing for a patent when they were not qualified. Of the few exceptions, the most typical one happens when the inventor is dead and their executor or administrator of the estate files for a patent.

Another instance is when the inventor has been discovered to be insane by the court, their legal representative or guardian can file for a patent. 1 tricky area is as soon as the inventor can't be found, a person who has proprietary interest in the invention, like a spouse, legal representative, or company may apply on the behalf of the inventor.

If there are a couple of people involved in creating the invention, then they all may apply as joint inventors. If a person is left out by mistake, then they can be added into the patent as an inventor. This does not include someone who only made a financial donation, just those who were a part of the devising process.

For people who qualify to get a patent, it's very important that you initiate the procedure quickly to protect your idea from others, so you can reap the benefits.