Admittedly, the title of this article is a little misleading. The reason being that patent applications are by no means simple at the best of times.
Arm yourself with a quality patent drafting software suite and you’ll find the whole thing much easier to tackle. But even with all the advanced patent drafting tools in the world, the complexities of the process are not to be underestimated.
So for those who are new to the idea of patent drafting, here’s a quick rundown of the five steps that make up the patent application filing process:
- Keep a journal of your progress and creative process
Just as soon as you come up with a winning idea, you need to start keeping a record of pretty much everything that takes place. How you thought of the idea, how you intend to bring it to life, corrections and improvements made along the way and so on.
- Make a prototype
If possible, it’s always better to ensure you have a prototype of your invention before you finalize your patent filing. Although not required, this ensures that you work out at least the basic technical kinks in the design before describing it in the application. The prototype also provides you and any potential licensees/investors with something physical to showcase your idea, which can be far more convincing and illustrative than a simple on-paper description.
- Ensure your invention can be patented
In order for your invention to be successfully patented, it needs to be new, useful, and non-obvious. To avoid wasting a lot of money on a patent application for the previously-patented idea, you should conduct a brief prior art search before you file your application. You can perform your search using web-based software offered by USPTO, EPO, or Google Patents. You can also hire a professional patent searcher, but it’s typically fairly expensive.
- Carefully prepare your patent application
Once again, this is where the value of quality patent drafting software really comes into its own. In terms of ensuring the completeness and accuracy of your patent application, an approved software suite can be far more reliable than a second pair of eyes. Not to mention, far cheaper than professional legal counsel.
- Submit your application
Finally, when your application is ready, it is time to file in the Patent Office and awaiting the outcome. From that point on, you can start marking your products with the “Patent Pending” phrase. Although it does not provide you with legal protection because you don’t have yet a patent, it does put your competition on notice that your product will eventually be protected by a patent, so they’ll be less likely to copy it outright.
