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We’ve received a few questions lately from product entrepreneurs about getting a patent for their big idea. Today, we want to outline the process for you.
Why a patent is worth it.
This is your special, unique idea. You’ve put an incredible amount of time, effort, and probably money into creating your product. The last thing you want is other people poaching off your hard work. The cost of protecting your idea is daunting — we get it. But the investment will be worth it in the long run.
If you’re still a few years away from releasing your product to the public, start the patent work now! Even just a simple provisional patent will give you time to test your item’s profitability with consumers.
Find a patent attorney.
Your first step is to interview several patent lawyers in your area. A simple online search for a reputable patent attorney, using a search phrase like “top patent attorney {your city name},” is a great place to start.
Please be aware that some firms will advertise their patent filing services, but if you look closer, filing the paperwork is all they actually do. We still strongly recommend hiring a patent attorney to make sure everything is being taken care of exactly as it should be.
Whoever you choose should have plenty of experience both with patent law and filing for patents within your specific product category. A few questions to ask during a phone interview include:
What are your fees?
How long will this process take?
Do you file for the patent yourself, or farm out the work to someone else?
If you’ve already tested the profitability of your product and you’re ready to file the paperwork, you should be able to get the process started. Your attorney may suggest filing for a provisional patent, giving you some time to test your product before filing for a more expensive patent.
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When should you file?
As we just discussed, we recommend taking care of two things before you file: make sure your product has been tested, and speak with a patent attorney. After you feel confident in both these areas, file for your patent! There are many different types of patents, which your attorney will cover with you. Make sure you cover all your bases, filing for any necessary copyrights, trademarks, etc to protect your product.
Because of the upfront investment, many product entrepreneurs decide to file for a patent only in North America, or a patent specific to their country/continent. While we understand that world patents are expensive, just be sure to think it through. If your product is only protected in the US, Canada, and Mexico, your manufacturer could lawfully sell your product throughout Europe, Asia, and elsewhere.
How much does a patent cost?
It depends entirely on the specifications of your product. Prices will go up for more complex products, like electrical items that require specific types of engineering. More simple, smaller products tend to cost less. But at a minimum, you can expect to spend around $10,000 USD on your patent.
What other questions do you have about patents, trademarks, or copyrights? Head over to our Facebook Group and ask away — we’re happy to answer any of your questions!
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