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How to Get a Patent-Pending to Shield Startups Against Unfair Rivalry

  • Thomas Oppong
  • May 4, 2020
  • 2 minute read

Have you come up with a new product or a new way to deliver your service? Is this concept that you’ve invented a new technology that gives you a competitive advantage? Do you need to protect it at all costs to ensure that your competition isn’t able to rip you off and undercut you with lower pricing?

If you answered “yes” to any of those questions, then you need to get a patent-pending for your technology. The question of how to get a patent-pending, however, isn’t something that all new business owners know how to answer.

Fortunately for you, we’re here to help. In this article, we’ll teach you how to get a patent-pending to shield your startup from unfair rivalry from companies with less-than-perfect integrity that may want to rip off your newly invented design.

What is a Patent?

In simplest terms, a patent is a legal document detailing property rights to a particular invention. Patents are granted by the United States Patent and Trademark Office.

Who is eligible to file for a patent? Simple: anyone who comes up with a new process, machine, manufacturing method, or material composition. There’s no guarantee that you will receive the patent just by filing, but there’s a good chance provided that you meet that criteria.

There are two principal kinds of patents. The first is a design patent, which patents a particular aesthetic. The second is a utility patent, which legally protects a created material, machine, process, etc..

Make a Prototype

The best way to demonstrate the workings of your new product or idea to the government is to make a working prototype. This prototype doesn’t need to be the finished product, but it does need to have all of the core workings that your invention boasts of. 

In essence, everything that you want to be legally protected should be in this prototype.

Illustrate Your Design

The next step is to illustrate your design. For this purpose, it’s best to hire professional Patent Illustration Services, as there are several requirements that your illustration must meet for your filing not to be rejected.

A professional patent design isn’t cheap, but it’s far more expensive to file your patent multiple times because you’re not familiar with how to draw your invention for the USPTO correctly.

File Your Patent

Last but not least, once you have these two crucial elements, it’s time to file your patent on the USPTO website. If you want your patent to be protected worldwide, then you’ll also need to file with the PCT (Patent Cooperation Treaty), which governs property rights internationally.

The waiting period can be anywhere from one to five years, but the good news is that once you have your patent, any competition that may have copied your design while the patent was pending could be liable to you for royalties.

How to Get a Patent-Pending

There you have it — now you know how to get a patent-pending. Once you’ve collected your prototype and illustration and file your patent, you can officially call your technology patent-pending, preventing any of your nefarious competition from getting rich off your hard work.

Thomas Oppong

Founder at Alltopstartups and author of Working in The Gig Economy. His work has been featured at Forbes, Business Insider, Entrepreneur, and Inc. Magazine.

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