The product has to function properly. This refers to how a product will perform a certain action or function. If the product is supposed to perform or function in a certain way, it must function in the way the inventor has claimed. The product or process must be new. It can’t be copied or based on someone else’s invention or process. There can be a similarity, but it has to be unique.
The product or process cannot hold a previous legal patent in the U.S. Additionally, it cannot be printed and described in published material. If information is published by the inventor about the product or process, a patent has to be filed within a year of that publication. If the inventor fails to file for a patent within a year, the rights to that product or process will not be protected as described in https://www.tekrevue.com/inventhelp-tech-invention-off-the-ground/ article.
The product or process cannot be simple in thought or suggestion. In essence, this should be an actual product or process. The inventor has to provide detailed descriptions of how it is to be used. The product or process cannot be of one of the laws of nature, a naturally occurring phenomenon or an abstract idea. Under these circumstances, a patent will not be issued.
There are several steps to obtaining a patent:
At the start, you need to keep a thorough record of your invention, including how you came up with the idea, all the changes, and dated signatures. You must then know whether the invention or product is qualified for patent protection; that is, is the product / invention really new? You have to evaluate the commercial potential of your product against the current market. Only after this time is the patent search (and the US patent search for the international patents in the patent database).
Once you have discovered your invention as original, you are ready to file a patent. Throughout the patenting process, it may be wise to hire a patent attorney or patent agency, such as InventHelp, to help you decide on patents. The Registered Patent Attorney can in detail describe the steps to obtain a patent. Also online web sites about intellectual property are also a good source for understanding how to get a patent.
Although the Patent and Trademark Office is participating in the patent filing process, the patent attorney or patent agent works with the complexity of patent law to ensure that his client does not come into the third-party patent infringement situation. Patent infringement can cause expensive litigation; however, an experienced patent attorney should be experienced in US government patents.