Intellectual property attorney shares tips for securing a patent!
In 2024, the U.S. Patent and Trademark Office issued more than 300,000 patents that covered a wide array of useful inventions and innovative technologies dreamed up by people just like you. In fact, you may have an idea for a new product or machine percolating right now and are wondering what you can do to protect your innovation as you plan to bring it to life. The answer: apply for a patent. Here, Meredith Struby, managing partner and principal of Atlanta law firm Meunier Carlin & Curfman, shares her tips for navigating the complex process successfully.
What does a patent do?
A patent protects inventions like machines, products or processes. It gives you the right to keep other people from making, using, selling or importing that invention into this country.
How do I know if my invention is eligible for a patent?
The invention must be new and not obvious. There are two types of patents that cover these types of inventions: A utility patent protects how something works, and a design patent protects how something looks. You may be able to apply for both for the same product.
What should my first steps be?
After doing some upfront searching about other products or systems out there, talk to a patent attorney. They can guide you as to whether your invention may be eligible. Patent attorneys are engineers or scientists who have to take a patent bar exam to register to practice before the U.S. Patent and Trademark Office. They can help you make decisions about filing strategy based on your business goals, like whether or not you want to manufacture your invention yourself or license it to another company.
What do I need to have for a patent application?
It’s helpful for us as patent attorneys to have rough sketches, prototypes or write-ups that help explain the solution you’ve come up with. It doesn’t have to be anything fancy—just something that communicates what you consider to be unique about your invention and how it works.
How long is the application process?
From the time you meet with a patent attorney to the time you get the patent, it could take two to four years. It’s a long game. After you submit your application, you could wait up to two years for an examiner to pick it up. Once that happens, the process moves more quickly. The examiner may ask you to fix certain parts of your application, and you will have a chance to amend what you claim to be your invention or present arguments. And you can move forward with your business in the meantime, marking your product as patent pending.
How much does the application process cost?
It’s a range and can depend on the complexity of the invention, the number of inventions and the type of invention. Obtaining a utility patent for a relatively straightforward invention could be around $25,000, whereas obtaining a design patent could be around $10,000. More complicated inventions or software applications may cost more.
Why should I consider getting a patent?
Intellectual property is important. People who are creative should be able to monetize their innovations. This is a great way to protect your ideas, build a business and offer a solution that someone else may be looking for.
MEUNIER CARLIN & CURFMAN
404.645.7700
mcciplaw.com
@mcciplaw
