Creating a prototype
Creating a prototype is one of the most rewarding phases of the invention process. It is that fateful day when all your hopes, dreams, planning, and research culminate in a working model. By this point, you are ready to whip up that prototype for display to investors, business partners, or the patent office (see next step.) Keep in mind that your prototype does not have to use the same materials, or look exactly like your finished product ultimately will. It just has to approximate what you have in mind and demonstrate that you are in fact working on it.Once you have a prototype up and running, you can proceed to step.
Step: Secure a patent.
In the understandable excitement and inspirational fire of creation, many inventors rush into the patent process without doing their homework. Unfortunately, their zeal to push forward often comes back to haunt them in the form of longer wait times, higher fees, and more work that could have been avoided with proper planning.
One of the biggest mistakes many inventors make is filing a non-provisional patent right away. A non-provisional patent is “the real patent.” To file for one, you need to fill out a bevy of legal forms, include sketches and drawings of your invention, and pay hefty fees. If your application is approved, you are granted a patent by the United States Patent and Trademark Office.
While many inventors will one day need to do this, few of them need to do it immediately. Instead, there is another equally safe but less expensive way to go: the $100 provisional patent application. In a provisional patent application, you do not file a formal patent claim, oath, or any disclosure statements about your invention. But what a provisional patent will do is lock in your application date and give you “patent pending” status.
If you have ever seen “patent pending” on product packaging or commercials, it is because the company in question filed a provisional patent application with the Patent and Trademark Office. It is actually unlawful to use “patent pending” unless you have done this.
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