If you believe that you have invented something, and you have completed the first two steps that were outlined in yesterday’s post (checking to see if it is patentable and doing a patent search), it may be time to move on to the next step – the patent application. You may be wondering why I said “may be”, and rightfully so. Why wouldn’t you fill out a patent application for your invention that you are reasonably certain is not only patentable but also unique? There are a few reasons why you may decide to forego patenting your creation.
Although the first two steps that you did may have taken you some time and effort, they are important because patent application filing fees are not refundable. Also, a patent is not indefinite. It lasts for fourteen to twenty years, depending upon the type of patent. During the time that the patent is in effect, you will have to pay fees to maintain the patent, unless you are seeking a design patent. Some inventions have the potential to really pay off, and they are certainly worth the time, effort, and expense involved in patenting them. Others are great creations, but their appeal or utility may make them more of a “niche” item. You may make and sell some of them but maybe not enough of them to pay for the patenting process.
If you would like to file an application for a patent, be sure to fill out the application properly. It may seem like a daunting task, but you can do it yourself if you work through it slowly and meticulously. Read all of the instructions carefully, and provide detailed answers to all of the questions. Do not forget to sign the official declaration. After you have filled out the application, you may wish to make an appointment with a patent attorney to review it before you send it in. Make sure that you specify that you wish to meet with the attorney for the sole purpose of reviewing the application, because some people have their patent attorney fill out the application or do other work for them. While I am certainly in favor of giving money to attorneys, I know that many home-based professionals (myself included) are on very tight budgets. In my opinion, you should be able to find a patent attorney who will meet with you to spend just a little time reviewing your patent application without requiring that you have them do additional tasks.
So, you have decided to file an application for a patent. You have filled it out, and you may even have had it reviewed by a patent attorney. You have placed it in an envelope with the requisite fee, kissed it goodbye, and put it in the mailbox. What’s next? Waiting for a reply from the Patent and Trademark Office, of course.