How To Know If It's Worth Your Time To Patent An Invention

Posted on: 24 March 2023

If you intend to enforce a patent, one of the first things you'll need to determine is if your IP can even be patented. Figuring this out will require a deep understanding of patent and trademark law. While you could tackle this yourself, it's better to find out whether you can patent your invention with the help of a patent attorney. 

The Patent Search

One of the biggest concerns when filing for a patent is whether or not the invention has already been patented. Another concern is whether your invention is truly novel. Your design must be truly unique for you to be eligible for filing for a patent. Therefore, you'll need to carry out a patent search. Fortunately, all of the patents are recorded at the US patent office.

It's essential to ensure you can patent your invention before you begin because the patent process is complicated and time-consuming. You'll have to wait years before your patent is finally approved. If you can find a patent attorney with a background in your technology, you can move forward with the patenting process. 

The Credentials of a Patent Attorney

To be a patent attorney, the attorney must pass the patent bar. This requires that the attorney have technical background knowledge in science or engineering to qualify. They will be fully educated in law and have the technical know-how to understand your invention.

The Value of a Patent

Filing a patent is a potent tool. If you are awarded the patent, you will be able to use your invention exclusively, or you will have the ability to sell the invention to another party. Also, you can enforce your patent even when it has not been approved if you follow the proper steps when filing for a patent.

A patent attorney will help you file for your patent after you have determined that you are eligible for one. You must submit any required documents, such as patent drawings, a detailed invention description, and anything else to help the patent office understand your invention. They will ask questions that you will then have to answer to be able to have your patent approved successfully.

Your Patent Might Be Challenged

Other parties might decide to challenge your patent. For example, another patentholder might argue that your invention is too similar to their invention. Then, you'll need to work closely with your patent attorney to build a case for why your design is novel and is entirely your own.

Reach out to a local patent attorney for more info.