Things to Do Before Patenting Something


With the advent of patent regimen, inventors can now monetize their ideas by knowing the facts before patenting something. Inventors now know that there are certain things to do before patenting something like a design, or utility of the process machine or product. However, the criterion is not limited to mere serving the purpose. There are many other factors of patentability to look at to ensure that the invention is commercially viable. Also, the inventor needs to do some common but important things which every invention owner should do before patenting their invention.

What to Know Before Patenting Invention

Given below are few points of strategic measures, you take before filing a patent application. These actions will give you more clarity regarding your invention and will reduce any hassle on later stages of patent filing. We will go through each of these points one by one.

Prior-art Search

Before you even think of investing your money on patenting an invention does the comprehensive patent search. This is to ensure that your invention is novel and you are simply not reinventing the wheel. Apart from this a complete prior art search also helps you avoid infringing on someone else’s patent. This, in turn, saves you from incurring a hefty sum of money. Try to do a search which is complete in nature wherein, one uses various fields, keywords, and databases that are of importance. For example, the USPTO Patent Database. Though a person can perform this search on his own, taking assistance from a professional patent search firm is a better option. This is because patent filing involves a hefty sum of money. A small error can prove detrimental to your goal.

Develop the Prototype

if your invention is not a utility patent and is an article of manufacture then one should come up with a prototype. A prototype gives an idea that all the components of the article are in place and its functionality is intact. It becomes important because at latter stages of patent filing you can’t make any amendments.

A Thorough Market Research

the ultimate goal of your invention is either to manufacture something or use it as a utility. Whichever may be the case, it is important to assess the underlying market. Market research is all about that, we assess whether there exists a viable market for that product or not. One needs to define the geography of the market, consumers of the product, competitors who are already working in that arena, etc.

Cost to manufacture

this is the last but most important thing that we need to do before patenting something. Without assessing the cost to manufacture it might become a money pit that may cause heavy monetary loss.

Note: Consider taking patent drafting services before patenting your invention/discovery for a considerably smooth prosecution and timely patent grant.

Inventions Patentable Requirements of USPTO

This is in accordance with 35 U.S.C. 101 of USPTO. Anyone who invents or discovers any new and useful process, the machine, manufacture, or composition of matter, or any new and useful improvement thereof may obtain a patent. He/she is subject to the following 4 patentability criteria:

  • Whosoever invents or discovers an eligible invention can file only one patent therefor. This forms the requirement for double patenting rejections due to the identical subject matter.
  • The inventor(s) must be the applicant in an application filed before September 16, 2012, or otherwise provided in pre-AIA 37 CFR 1.41(b). Add the names of each and every inventor in the application filed on or after September 16, 2012.
  • Third, the claimed invention should meet the 2 criteria of subject matter eligibility before patenting something. These include-
  • The claimed invention should fall under the category of process, the machine, manufacture or composition of matter.
  • Claimed invention is a patent-eligible subject matter, encompassing the criteria of novelty, non-obviousness, and non-disclosure.
  • The claimed invention is useful, have utility that is commercially viable, specific, substantial and credible.

In a nutshell, we can say that you need to remain vigilant both before and after filing something. If you bring the above-mentioned points into practice, they will majorly help you through the patent prosecution process. While ignoring the above-mentioned facts could make your whole attempt an exercise in futility.

Why Choose Us?

Only a quality invention wins the patent grant. Therefore, before patenting something an inventor should assure himself that what he/she is seeking patent protection for is really worth it. Also, conducting a thorough patentability search surely helps. Taking care of these factors might become a cumbersome task. Therefore, it is always beneficial to seek the help of professionals with good experience. We, at The Patent Search Firm, help our clients with assured patent search services.

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