If you are working on a sustainability product or invention, you will typically look to get a patent as a way of protecting it from being copied by a rival. Other forms of protection and ways to protect your IP include trade marking, NDAs and NDAs for Trade Secrets amongst your staff and stakeholders.
In the US, there are certain protocols you can undertake to get a patent and you have the option to file this yourself or use a US patent attorney to help guide you through the process, which is usually much quicker.
You can also file it just for the US or get an International patent which gives you up to 31 months to add additional countries e.g Europe and Asia thereafter under the same paperwork.
Examples of Sustainable Products or Inventions That You Might Need a Patent For
- Solar
- Energy
- Water
- Wind
- Life sciences
- Physics
- Chemistry
- Nano technology
Step 1: US Patent Preparation and Research
Before you can file for a patent, you need to ensure that your sustainability product is truly innovative and hasn’t already been patented by someone else. Start by conducting a thorough patent search. The United States Patent and Trademark Office (USPTO) website offers a search tool that you can use to look through existing patents. You can also use other databases and search engines to ensure comprehensive research. This step is crucial because it helps you avoid the risk of infringing on existing patents and saves you time and money in the long run.
Once you confirm that your product is unique, you need to prepare a detailed description of your invention. This description should include how your product works, its sustainability benefits, and any drawings or diagrams that can help explain it better.
It’s essential to be as detailed as possible, as this information will be critical during the patent examination process. If your product includes any new materials or processes, make sure to document these thoroughly.
Step 2: Filing the US Patent Application
The next step is to file your patent application with the USPTO. There are different types of patents you can apply for, but most likely, you will need a utility patent, which is the most common for inventions. To start, you might consider filing a provisional patent application. This type of application allows you to secure a filing date and gives you 12 months to file a non-provisional (regular) patent application. It’s less formal and cheaper, and it can be a good way to start the patent process while you continue to develop your product.
When you’re ready, you’ll need to file a non-provisional patent application. This application must include a detailed written description, claims that define the scope of your patent, an abstract summarizing your invention, and any relevant drawings. The USPTO’s electronic filing system, EFS-Web, makes it relatively easy to submit your application online.
What Are The Fees For a US Patent?
- Provisional Patent Application Fee: $300 (small entity: $150; micro entity: $75)
- Non-Provisional Utility Patent Application Basic Filing Fee: $320 (small entity: $160; micro entity: $80)
- Search Fee: $700 (small entity: $350; micro entity: $175)
- Examination Fee: $800 (small entity: $400; micro entity: $200)
- Issue Fee: $1,200 (small entity: $600; micro entity: $300)
Additional fees might apply depending on the specifics of your application and any additional services you require, such as expedited examination.
Step 3: US Patent Examination and Granting
Once your non-provisional patent application is filed, it enters the examination phase. A patent examiner at the USPTO will review your application to ensure that your invention is new, useful, and non-obvious. The examiner may communicate with you to request additional information or to clarify details about your invention. This back-and-forth can take some time, and it’s not uncommon for the process to last several years.
During this phase, you may receive an Office Action, which is a document from the examiner detailing any objections or rejections. Don’t be discouraged by this; it’s a normal part of the process. You’ll need to respond to the Office Action, addressing the examiner’s concerns and possibly amending your claims.
If your application is approved, you’ll receive a Notice of Allowance. At this point, you’ll need to pay the issue fee. Once the fee is paid, your patent will be granted, and you’ll receive a patent certificate. Congratulations, your sustainability product is now protected by US patent law!
To maintain your patent, you’ll need to pay maintenance fees at regular intervals. These fees are due 3.5, 7.5, and 11.5 years after the patent is granted. The current fees are:
- 3.5 years: $2,000 (small entity: $1,000; micro entity: $500)
- 7.5 years: $3,760 (small entity: $1,880; micro entity: $940)
- 11.5 years: $7,700 (small entity: $3,850; micro entity: $1,925)
By following these steps—preparing and researching, filing the patent application, and navigating the examination process—you can successfully obtain a US patent for your sustainability product. This not only protects your invention but also enhances its market value and helps you secure your intellectual property rights.
How Long Does It Take To Get a US Patent Approved?
Depending on the complexity of your patent application and the quality of your patent attorney, it can take up to 18 months to be approved.
