Patent Pending: This Is How Long It Takes To Get a Patent

A patent denotes legal ownership of an invention; when the patented concept is reproduced, the owner receives compensation. Patents ensure that inventors hold the exclusive rights to their inventions. This legal protection serves to reward creators, inventors, and scientists for their contributions, encouraging others to foster innovation and advancement to benefit the greater good and success of society. 

How long does it take to get a patent? What does a patent protect? Many misconceptions exist surrounding the patent process. Patenting an invention is far from simple, but for the inventors who succeed in securing this legal protection, the bureaucracy of the process is worth the red tape and time. Here’s what to know about the duration of the patent process, what patents protect, and the cost of a patent.

Types of Patents: A Trio of Options

When an individual is considering a patent for their invention, they must understand the type of patent they need. There are three types of patents: utility, design, and plant. 

Utility Patents

This type of patent is extremely common, accounting for 90 percent of all patents. The U.S. Patent and Trademark Office explains that a utility patent is for “...a new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvements of these.” A utility patent provides legal ownership to the inventor for 20 years.

Design Patents

These patents protect the design concepts produced for manufacture. When a design patent is issued, the inventor owns the design for 14 years. Others may not produce, use, or sell the concept during this timeframe.

Plant Patents

These patents provide legal ownership related to new breeds or types of asexually cultivated plants. For example, when a horticulturist asexually produces a new type of rose to produce a sweeter smelling or uniquely hued flower, this is the type of patent that protects the seeds produced by their unique plant.  Plant patents remain in effect for 20 years.

Patent Requirements: Novel, Useful, Nonobvious 

Patents protect products, ideas, concepts, new technologies, and more. Unfortunately, there are a few barriers to patent protection. All patent applications must demonstrate a few crucial details. All inventors requesting a patent for their discovery or invention must show enablement, demonstrate a utility (it can be used for a purpose), is novel (unique and original in design and creation), useful (that it serves a function or benefit), and is nonobvious (it cannot be something anyone could design or create). 

All inventions also must not fall into a category that is considered unpatentable. Generally, 

only machines, processes, or compositions can be patented. 

Another issue in the patent process is time. All applications must demonstrate that the invention is novel and prove that their concept or invention was not known for a year or more prior to applying. Time is crucial because, as Justia notes, even mentioning an idea to a relative or friend starts the clock in this category. Your friend would have known about the idea; thus, the novelty could be in jeopardy (especially if they mentioned the idea and another person is considering a similar product or design). 

How to Patent a Product

Utility patents account for the vast majority of patents issued in the U.S. What steps does an inventor take to patent a product? The process begins with a good patent attorney and an information disclosure statement. 

Filing a Patent Yourself? Why You Should Reconsider

Filing a patent DIY saves time and money. An inventor may think that the process is something anyone could accomplish easily and simply. If you’re prepared to file a patent solo, you might want to reconsider that decision.

Patent filing is a complex legal process. Patents are guided by patent law, and most laypeople do not have the background to know the tiny details that could derail a patent application. 

Having an expert legal team helping with the patent process saves money and a lot of headaches. A legal team also can help ensure that the application doesn’t get rejected for missing information, and a great patent lawyer ensures that an inventor isn’t attempting to patent an invention that already exists or falls into a category of unpatentable. 

The Patent Process: About The Information Disclosure Statement (IDS)

An Information Disclosure Statement (IDS) is one of the most important documents for securing a patent. While this form looks simple, it isn’t. The IDS includes sections listing prior art. Prior art helps the USPTO determine if the idea or invention is worthy of a patent.  The purpose of the IDS is to disclose all known information that could impact the patentability of a product.

What is Considered Prior Art?

All known prior art must be included in an Information Disclosure Statement. Prior art refers to any public reference to an invention before the patent application submission. Existing patents and publications, research papers, and reports posted online are included in prior art references. Even movies can be used as prior art; the USPTO noted that Samsung used Stanley Kubrick’s “2001: A Space Odyssey” to defend itself in claims from Apple that Samsung copied the trademarked iPad design. The movie was used to show that Apple’s screen design was not unique. 

However, prior art alone does not derail a patent application from being approved by the USPTO. A new invention could look similar to an earlier design but still be unique. While the existence of earlier iterations must be disclosed, patentability hinges on the uniqueness and novel approach of the new invention.

Conducting A Prior Art Search

Every prior art reference known to the Applicant and its legal team must be disclosed on an IDS. Nothing should be omitted. Legal teams typically use online databases to search for prior art references mostly related to earlier patented inventions.

In addition, prior art published in magazines, trade journals, medical journals, online, or elsewhere must be included on the IDS if discovered. This prior art is more commonly referred to as non-patent literature or NPL.

Unfortunately, NPL references that impact a patent application filing could be anywhere. Not all individuals have the tools or the time to find them. The USPTO may uncover prior art as well because it must ensure that any invention providing legal protection does not infringe on another individual’s patent or IP.

Don’t Forget About Global Prior Art

A prior art disclosure on an IDS form should include any global prior art found as well. Yes, international patents and possible references must be noted on the IDS. Global patent searches and sweeps are crucial to discovering any existing prior art references in other countries. 

Unpatentability: What Cannot Be Patented

A patent application for a product or concept deemed an unpatentable subject matter will be immediately rejected by the USPTO. Patents are never issued or approved for the following: 

• Abstract ideas

• Laws of nature

• Natural phenomena

How Much Does a Patent Cost?

The cost for a patent includes many different fees. Legal teams charge a fee for their work on the patent filing and research process. Filing fees via the USPTO range in price; delays and appeals can add even more to the financial burden. 

A simple patent process may only cost a few thousand dollars. A more complex invention and additional documentation could lead to costs that soar to five digits. Unfortunately, there is no single set price for patent filing and research. However, delays and errors cause higher costs and legal team time.

Submitting Paperwork and Pending Patents

Once all the disclosures are listed, the fees have been paid, and the application is ready, the legal team (or individual) submits the paperwork and documents to the U.S. Patent and Trademark Office. This is when the wait begins.

It’s important for legal teams to remain aware of USPTO weekly actions, as they may impact individual filings. Weekly sweeps allow teams to catch any issues before they lead to larger problems in the application process. It is common for forms to be resubmitted or updated. 

Once all the documents are finalized (for the final time), the approval process may take up to two years. This is a standard timeframe. 

What Does Patent Pending Mean?

While patent applicants wait for a response from the USPTO, they can designate their invention as “patent pending.” This shows any other inventor that the idea is already in the approval process with the USPTO. Many products bear this notation as a legal warning to possible competitors. 

How SyncIDS Simplifies The Filing Process

Submitting an application for a patent takes time and requires a great deal of research. A good legal team helps mitigate any issues and errors, and SyncIDS also provides capabilities that simplify the process for finalizing the IDS form that is required when applying for a patent. 

SyncIDS offers weekly Office Action sweeps of the USPTO, ensuring that legal teams always understand the status of a filing.  In addition, the software migrates crucial data into the IDS to save time (and money).  SyncIDS pairs patent families and subject matters (upon requested) to simplify the process further. The program also syncs with Espacenet and the Patent Center to find prior art references for IDS filings. 

When the tiniest missed citation threatens to derail the entire patent filing process, SyncIDS serves as a support system to find and catch any missing citations or duplicated entries. Legal teams can sign up to take a test drive of the program or request a demo. Contact us today to see how SyncIDS is the partner you need for IDS form filings.