How do I get a patent on a idea that I have?

Question

I have an idea for a new food item, and I was just wondering how I get a patent on the idea..I tried to ask the company how I could submit my idea, but they said, " Just tell me and I will let the appropriate people know. " Of course I told her no, thats okay, cause I don't want anyone stealing my idea. Please tell me how to get a patent on my idea..

Answer 1

The US patent office has detailed instructions on the requirements for receiving a patent. The first link below spells out the requirements and different types of patents.

Basically you can get a patent for any novel product, process or method. There are basically three types of patents:

1) Utility Patent - Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof. These can include methods of doing business.
--->This is likely the type of patent that your food Item would fall under.

2) Design Patent - Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. This would be like the shape of a lamp or chair or something that relates to a unique qualitative characteristics of a product.

3) Plant patent - Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. This is commonly used for roses and other plants that are reproduced via grafting.

You can legally file for the patent yourself, details are at the USPTO and the link copied below. This can actually get you a patent and could serve to limit the cost to just the filing fees, but it is likely that the patent will not have tremendous value unless you have the assistance of someone who is well versed in writing a patent. The USPTO requires legal practitioners doing patent work for hire, to pass a Bar exam specific to the patent system. Those who pass the Patent bar receive a registration number. Surprisingly, a law degree is not required to take the patent bar, but a technical degree or other technical qualification is required. Those that pass the bar are either called a patent agent (if they are not an attorney), or a patent attorney.

Understand that using a legal practitioner will likely be expensive, fees of $8,000 to $12,000 are common. You may find those that charge lower fees, but you may get what you pay for and get a patent with limited value. The strongest patents take great skill to produce. Many decent patent agents or firms will work with you on ways to reduce the cost and some may even waive part of the cost for a partial interest in your patent. There are also several companies that act as invention clearing houses, that may buy your invention at the application stage and even give a share of future product royalties. Be careful here as many are setup to take your invention and give you very little for it. A good law firm or patent agent will know of reputable places to explore.

The most important part of your patent is the claims, which describe what is actually protected by the patent. Even if you decide to file your own patent, I would strongly advise you to seek the help of a experienced patent agent or attorney in writing this section of the patent.

One additional item to note. It is not necessary to do a "prior art' search for your invention before filing your patent. If fact, most companies do not so so. The patent examiner will do the search and respond with an 'office action' that outlines the related inventions that were found. You will then have to distinguish over these by either explaining how you invention is different as filed, or modifying what you are trying to patent to make it different. If you are concerned that the invention may be out there and don;t want to even pay filing fees, you can do a simple search yourself at the patent office website for existing patents and patent applications and look for on-line for other non-patent references such as white-papers or conference reports. Understand that even an improvement to an idea may be patented, so read them carefully to see if all of your invention is in there.

Finally, there is something called a provisional patent that you could explore. This is a disclosure of the concept that gives you a documented date of invention, but allows you one year to file the rest of the patent. You could explore this idea and then talk to others since you have filed the invention in your name.

Be careful. I personally am named inventor on 17 patents. I got totally ripped off on my early patents because they knew I did not understand the system. The main thing a law group tries to sell you on is the 'prior art' search and they can charge tens of thousands for it before you even get to drafting a single paragraph of your invention.

Answer 2

It is not possible to protect ideas but rather the representation of that idea.

To protect an original invention OR a significant improvement to an existing product, a patent would be filed. Here's the USPTO's definition: http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent

NOLO is a great, free informational site. Also, be sure to read what else the USPTO (United States Patent & Trademark Office) has to say about patents.

Research, research, research – this cannot be stressed enough. Read as much as you can. Here are some book titles that are relevant:

* Patent It Yourself (11th Edition) by David Pressman
* Patents and How to Get One : A Practical Handbook by U.S. Department of Commerce
* How To Make Patent Drawings Yourself: A Patent It Yourself Companion by Jack Lo
* The Inventor's Notebook: A Patent It Yourself Companion by Fred E. Grissom

There are plenty of free informational resources out there. Check the source box for links to articles.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 3

Get in Contact with the US patent office. For more Info Google US patent office. Good Luck with your invention

Answer 4

There is also a " poor mans patent ", which is simply taking your idea and mailing it to yourself. It will be post marked with the date of conception, and as long as you do not open it, it is a legal patent. Or go to the patent office.

Answer 5

contact my dad. he's a patent agent and he can help you.