Skip to content
Home » How to File a Patent For Your New Business In USA?

How to File a Patent For Your New Business In USA?

How to File a Patent For Your New Business In USA


If you have created something useful and in favour of mankind, you wouldn’t want others to get rich by using your invention as their source of income. For those unaware, a patent is a form of monopoly that the government gives creators for a specific amount of time. It allows the creator the only authority to produce, market, utilise, or otherwise profit from the invention. In essence, it ensures that nobody else will steal your original concept or design. An invention’s functioning and structure are all covered under utility patents.

A “design patent” for an item’s appearance safeguards the “ornamental design.”

With a new patent, the creator normally receives a 20-year window from the application date, during which no one else is permitted to profit from producing and disseminating their creation.

How to File a Patent?

Step 1: Select the Appropriate Patent

Utility Patent- Inventors are only permitted by law to seek utility patents for certain inventions. Innovators are generally not allowed to patent unaltered natural items, abstract concepts, or algorithms without any connection to practical uses.

Temporary Patent- It ensures a temporary patent pending status of one year. To keep the patent pending as of the provisional filing date, the inventor must submit a utility patent application before the end of the year.

Design Patent- Only decorative designs are eligible for design patent applications. Design patents do not protect any practical advantage that a design may provide.

The USPTO sets its fees on the applicant’s size. Large businesses have to give more.

Step 2: Record Your Procedure.

The innovation process involves two steps: conceptualising the idea and putting it into action. Make careful to record both actions. For instance, if your innovation consists of a new machine created by fusing two existing machines, you must provide evidence of when the idea for the fusion first occurred to you.

Making that concept practical is the definition of reduction to practice. You must record the steps necessary to integrate the two devices correctly. Include evidence that the idea works, as well as some potential alternatives. Include a diagram, a sketch, or a picture of the combined machine, along with any potential alternate combinations.

Step 3: Maintain the Secrecy of Your Plan.

Absolute novelty is a requirement for patents. Hence any public disclosure will invalidate any pending patent applications. Your disclosure of the innovation is just as hazardous as another inventor or scientist releasing comparable findings.

After public disclosure, an inventor in the US has one year to submit a patent application. However, no other nation offers a comparable grace period; the moment you violate secrets, most global patent rights are lost. You can talk about your innovation in public after submitting your patent application, which is still pending.

Step 4: Conduct a Patent Search.

Earlier innovations and published works constrain a patent’s scope. On your creation, you are the authority. Look through your catalogues, trade periodicals, presentations from conferences, and other publications. Or, as patent searches can be complicated, utilise an internet tool to do one for you.

Online database searches are similar to wringing a sponge alone; the key is knowing when to quit. Add targeted keywords that highlight the unique aspects of your idea after beginning with broad keywords that characterise the industry. The most crucial aspect of performing a search is understanding what makes your idea distinctive and taking the time to carefully examine each reference to see whether it supports your claims.

Using a variety of parameters, online patent search services look up published patent applications and existing patents in the USPTO database on your behalf and provide you with a report. You may use the report to assess your invention’s patentability and anticipate any disputes.

Also visit: How to File a Patent for Your New Business In the UAE

Step 5: Apply for a patent

Applications for patents need to be prepared with both legal and technical knowledge, and even little errors can significantly reduce the patent’s value. That knowledge is not free; even a straightforward patent might cost several thousand dollars.

Self-employment has the benefit of cost reductions. The disadvantage is that you forfeit the advantages of your lawyer’s expertise, even in minor matters. If you describe a machine you developed, for instance, you might just include the parts you utilised.

Because your description did not take the time to elaborate on your innovation, you could have difficulty using your patent against rivals. A rival could come up with a simple solution. Small subtleties abound in patents, and having even one of them wrong might invalidate your invention.

Quite a bit is still possible. For instance, utility patent applications don’t require as many formalities as provisional ones. Using the USPTO’s online website, you may construct and submit the provisional application yourself, or you can hire an online service to do it for you. Ask a lawyer to carefully check your self-filed patent before submitting it.

Some individuals opt to create and submit their utility patent applications. You may locate a relevant patent and create your application using it as a model to accomplish this. Create your draught drawings by copying your prototype from photos.

Include every pertinent reference you came across while doing a prior art search. Create your claims to set your innovation apart from the prior art you discovered. You will have taken steps to ensure that your patent application appropriately represents your idea, even if a lawyer ultimately files it on your behalf.

Step 6: After you’ve submitted your patent

Patents are pricey. When your patent becomes effective, you might be concerned about how you’ll recoup your costs. Are you launching a business? Once you have a filing date, talk to possible investors. Do you intend to offer the patent to a business for sale or licence? Once your patent is pending, find a helpful contact within the business. You don’t need to wait till the patent is granted. Pending patents are the subject of investments from certain investors and licences from other businesses.

Where to File a Patent?

Unboxfame brand patent services– We have provided trademark assistance to start-ups, existing companies, and other attorneys. We are quite pleased that we offer the best in class services for brand patents, and many trademarks have been successfully registered with the USPTO as a consequence of our firm’s representation.

Who Can Make a Patent Application?

Anyone who makes an invention or finds anything that qualifies for a patent may file for one, except officials and staff of the USPTO. This means that the rights to a patent’s protection go to whoever files a patent application for a specific invention or design first.

What Other Intellectual Property Safeguards Are There?

It’s crucial to safeguard the intellectual property of your company. Choosing between applying for a patent, trademark, copyright, or all of those mentioned above might be challenging.

The U.S. Small Business Administration provides a course that explains the procedures, fees, and deadlines for each file to assist you.

Leave a Reply

Your email address will not be published. Required fields are marked *