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What is Intellectual Property and How to Protect It

Allen Brown by Allen Brown
September 28, 2020
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The idea of owning your own idea or invention sounds like a fantasy for many because they do not know how it works. The biggest obstacle in these instances of wanting to own something of your own is the lack of knowledge to achieve these goals. Having your own intellectual property that is protected can be yours if you know where to start.

Firstly, intellectual property is an idea, design, or creation that you have invented and patented. Patenting is the process of protecting it, which is equally as important as the idea itself. If you are planning on protecting intellectual property, then here is how you can achieve that.

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Know What Patent You Need

Not all patents are built the same. Some are for protecting an idea in a placeholder sense (more on this later), some are for a design rather than a product, and others can be for a plant, surprisingly enough. The point is that your possible intellectual property has different possible protection filings, so you have to choose the right one. If you have a mere idea, then a utility patent will not work because it is not a functional device, whereas a design patent would work well for this. This is one of the first steps towards protecting your intellectual property.

Search for Existing Patent

Your intellectual property could already exist. This is a sad truth to the world of innovation, that someone, somewhere may have already done it. In the United States, the filing system works on first to file, not first to invent, which favors those that patent first. Checking through the database search for the U.S. Patent and Trademark Office (USPTO) can help you determine if yours has already been patented. This is another primary step you need to take along with understanding what patent type your idea is. Instead of wasting your time, effort, or money on something that has already been patented, you can quickly figure out if you could be the first to protect intellectual property.

Hire a Patent Attorney

The process of patenting and protecting intellectual properties has been getting easier, but it is still imperative that you hire or consult with a patent attorney. The certified specialists at https://revisionlegal.com/patent-attorneys/ represent the help that many people need when it comes to intellectual property, which is navigating all of the relevant information and work. The knowledge that attorneys in this field have is vital to communicating with the USPTO to verify applications, work through issues, and discuss the requirements they have from you for your intellectual property. Even if it is easier with online filing, there still exists a wide range of terms and legal information that they can assist you with.

Start with a Provisional Patent

Going back to the first section of patent types, there exists something that will help you with your efforts. This patent is called a provisional patent and is intended to protect your idea or invention for up to a year before you need to file a non-provisional patent to begin the process of application. This patent allows you to spend the time to research whether your design is worth the investment and whether it serves a legitimate purpose. This can be in the form of market research, which helps you determine the use of a user interface for a digital service, or a part for a mechanical motor, or an idea that could be useful for your own business growth. There are multiple reasons for a provisional patent, but the most important is that it begins the protection process of keeping your idea safe.

Complete and File a Patent Application

The patent application is the last process you need to go through before you can finalize the protection of your intellectual property. This application deals with important details about your idea, like an abstract, background, summary, and pertinent details that outline the use and purpose of the intellectual property. This application process is filed with the help of an attorney and takes 1 to 3 years to complete. This is the final step before approval and requires cooperation and communication to help ensure the application is properly filled out and ready to ensure a successful patent.

Protecting your intellectual property is important. This is a well-known fact, but what is unknown for many who want to patent an invention is how to get it protected. This list shows you how you can go through the process of owning your own invention or idea and protecting it officially.

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  • Allen Brown

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