My Journey Through the Patent Process
Starting a business and patenting an idea is a thrilling adventure, but it’s not without its challenges. In my last blog post, I shared insights on the patenting process and emphasized the importance of maintaining a positive, even irrationally positive, mindset. Now, I want to take you deeper into that journey, providing a step-by-step account of how everything came together.
Step 1: Preparing to Submit Patent Information
One of the first steps in my journey was preparing to submit my patent information. I reached out to the New Product Development Center (NPDC), who assured me that their research hadn’t uncovered anything similar to my idea. That was a green light for us to move forward, and they had an engineer ready to start on a prototype.
Next, I needed to apply for a provisional patent, so I contacted an attorney. She explained that the process would cost between $800 and $1,200, which included the necessary details to show how my invention differed from existing products. It turns out, you must provide enough detail so that someone else could actually recreate your invention based on the patent application. At that stage, we weren’t quite there yet. We didn’t know what material the product would be made from, and those specifics are crucial.
One key piece of advice I received was to keep the idea under wraps. If you share your invention with someone who hasn’t signed a non-disclosure agreement, they might have a claim to it—or worse, they could beat you to the punch and patent it themselves. So, be cautious and selective about whom you share your ideas with.
The attorney also conducted a preliminary patentability search and helped prepare the application for submission to the U.S. Patent and Trademark Office. This process involved developing the legal parameters, or claims, of the invention, and detailing its specifications. The costs added up, but each step was necessary to protect my idea.
I wanted to support local businesses, so I searched for an attorney in my area. After consulting with NPDC and other contacts, I found someone reliable. She was incredibly helpful, even offering a lot of guidance at no cost. We worked together to refine the application, making sure all the specific details, like materials and dimensions, were in place. That’s when I reconnected with NPDC to get the engineer involved again and finalize those details.
Step 2: Understanding How a Patent Works
Now, let’s talk about how patents work. Patents are issued by the United States Patent and Trademark Office through a public filing process. This filing notifies the world of your invention and grants you intellectual property rights that can be licensed or sold. However, a patent isn’t forever—it only lasts 20 years. After that, anyone can use, sell, or create your product without your permission.
Interestingly, Coca-Cola never patented their famous recipe. Why? Because to get a patent, you have to disclose your recipe fully, and after 20 years, it would be public knowledge. Instead, Coca-Cola has relied on contract law to keep their secret safe for over a century.
Step 3: Keeping Everything in Order and Moving Forward
When it comes to starting a patent or a business, staying organized and proactive is key. You have to be in control of every detail, managing all contacts and keeping the process moving forward. No one else will take charge for you—you’re the one who knows exactly what you’re aiming for.
Throughout my journey, I found that being a full-time assistant to my own project was essential. I had to research, follow up with contacts, and keep everything streamlined. Whether it was coordinating with my patent attorney, overseeing the prototype development, or managing the marketing side of things, I had to ensure that all aspects were aligned and progressing smoothly.
This process involves a lot of moving parts: working with a patent agent to secure contacts for manufacturing and marketing, keeping your marketing agent updated on timelines, and coordinating with your patent attorney on any changes. You also need to stay in touch with your manufacturing company to ensure the final product meets your expectations. And don’t forget about the legal side—filing for an LLC, getting a tax number, and securing product liability insurance are all critical steps.
For some, this level of detail might be overwhelming. If that’s the case, consider hiring someone to help. But remember, at the end of the day, you’re the one responsible for making your dream a reality. There’s no weekly report to turn in—if something doesn’t get done, it’s on you.
If you’ve read this far and believe you can manage this process, then you’re already on your way to success. There’s no reason to delay any longer. Take control and start turning your idea into a thriving business!
Moving Forward
I’ll continue to share my experiences, both the highs and the lows, as I navigate the patenting process and build my business. Remember, your dedication and persistence are key to turning your invention into a successful venture!