How to patent an idea in the USA?
Requirements to patent an idea in the USA | We design, manufacture, and patent your ideas and inventions | Visa and permanent residency in the USA for Inventors.
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How to patent an idea in the USA?
In a market as dynamic, where it seems that everything is invented, having a patent can represent a good business opportunity. It is true that patenting an idea in the USA does not guarantee that it is good and that, therefore, you achieve economic success.
In case you still don't know, the patent is an exclusive right that can only be offered by the State, granting you the possibility to commercially exploit an invention without others being able to copy you and use the patented invention.
To patent an idea in the USA, all procedures must be carried out before the USPTO, which is the United States Patent Office.
What should you consider before patenting an idea in the USA?
- The patent is not the only useful tool for protecting intellectual property. You should evaluate with a United States patent expert which is the best option.
- Before filing a patent in the United States, it is crucial to conduct a background study. The studies of the background of previously published patents will allow you to evaluate the real opportunities to protect your invention.
Evaluate the possibility of registering a patent in the USA
Why is it better to patent an idea in the United States?
For most inventors and entrepreneurs, a very common question is related to the choice of place or country where it is better to register a patent.
Registering a patent for an invention is a fundamental asset that becomes important when establishing the value of a business. At the moment the inventor decides to monetize the patent, the country where the patent is registered and the duration of the patent will be fundamental arguments.
The decision to register a patent in the United States is undoubtedly the best option for inventors.
Main reasons to register a patent in the USA
- Legal Security: The United States maintains an effective legal system capable of defending intellectual property rights.
- Response time of the USPTO: The United States Patent Office has a response time much shorter than the patent offices of other countries in Latin America and Europe.
- Market Potential: The number of people making up the United States market, the general purchasing power, as well as the level of consumption, make it an ideal market to launch a new product.
- Private Investment: Financial capacity is one of the main barriers for inventors. The United States hosts the world's best ecosystems of inventors and investors, with a very high level of investment operations for the development of new products. Of course, these investors prioritize inventions protected by United States patents.
What is needed to register an idea in the United States?
Although inventors see some difficulty in applying for a patent in the United States, it is entirely feasible and doesn't have to be more complex or expensive than registering the patent in Latin America or patenting in Europe.
According to patent attorneys in Miami with over 25 years licensed to register patents in the United States, it is not necessary to be a resident in the United States to patent an idea in the USA. Discover how!
Steps to apply for a patent in the United States
Step 1: Background study of an invention.
The background study allows to confirm the real possibilities that exist to be able to apply for an invention patent in the United States. Once the background study is concluded, the patent attorney will issue a report, where the invention that wants to be patented in the USA will be compared with other patented inventions. This report is useful for determining the real chances of obtaining a patent in the United States, but also for activating an innovation cycle that allows developing a product by reinforcing what is truly innovative.
Step 2: Industrial Design | Engineering project of an invention.
Referencing the conclusions of the patent background study conducted by United States patent expert attorneys and the inventor's own vision of the characteristics and functions of an invention, the engineering team, product development experts from Let's Prototype, will be able to identify substantial improvements and technical possibilities to add to the invention to make it competitive in the market and the patent registration process in the USA.
Step 3: Drafting the Patent.
The drafting of a patent in the United States is a critical point. This is a Patent Office that receives hundreds of thousands of patents each year, for this reason, it is essential to demonstrate with sufficient clarity the innovation claims of the invention. The fundamental art or technique of patent attorneys in the United States consists of maintaining a balance in the way the claims of an invention are expressed, so that other inventors cannot copy the patent while it is broad enough to continue innovating on the product.
Step 4: Filing the patent application with the United States Patent Office.
Step No. 5 Substantive examination by USPTO patent experts.
The substantive examination of a patent is the process through which, the United States patent experts, assigned by the USPTO, deeply study the innovation load of the presented invention, the uniqueness of the innovation claims, and their comparison with the state of the art presented in other patents of similar characteristics.
Step No. 6 Granting of a patent in the United States.
It will be the United States patent expert technicians who determine the need to answer specific questions about the invention. In case doubts arise during the study about the innovation load of the patent, or if the patent drawings or some of the claimed functions are not understood, official notifications from the USPTO will be issued, which should be answered, preferably by a licensed patent attorney in the United States. After responding to the inquiries of the patent experts (which does not always happen), a decision will be made on the granting of the patent in the USA. If positive, a patent in the United States will be granted with exclusive protection for 20 years.
Do you need to speak with a United States patent expert?
We offer the first meeting with a United States patent expert for free. You can speak in Spanish with a certified Patent attorney to apply for and register patents in the USA.
Types of patents to protect an idea in the USA:
Plant patent: This is a method of protecting inventions related only to the agronomy sector. The plant patent protects the creation of new plant varieties that can be obtained asexually. It is a very specific type of patent and therefore, it is not the most used by inventors in Miami or Florida.
Utility patent: The utility patent is the most widely used to protect new inventions in the United States. It is used to register new machines, new items or any improvement over existing products. Most of the ideas of the inventors that we receive in Let's Prototype, precisely are related to improvements or perfections that can be introduced through existing products to improve their results.
Design patent: Design patents are valid for 15 years from the time they are applied for in the United States Patent and Trademark Office. It is a patent that aims to protect the shape or appearance of a product. When the innovation proposed by an inventor on a product lies precisely in its form, the application for a design patent is recommended.
In Let´s Prototype, besides working with experts in patenting ideas in the USA, we can help you demonstrate that your idea works and is technically viable. We can design and manufacture the first prototype of your product to ensure that you protect in the United States Patent Office the best version of your idea.
Remember that ideas are not patentable, but you can protect the realization or materialization of that idea. For that, we can manufacture and document the first prototype.
Best patent attorneys in Miami, United States.
The Let´s Prototype team works hand in hand with the best patent attorneys in Miami, United States. In the following video, you can watch a complete interview with Rubén Alcoba, a patent attorney expert in Miami, licensed to file patents with the United States government, with over 25 years of active patent license and professional experience drafting and filing patent applications with the USPTO for inventors from the United States and inventors from other countries around the world. Alongside Let´s Prototype, Mr. Alcoba has also specialized in filing patents in the USA for European inventors, specifically for Spanish inventors.
Where to manufacture my invention in the USA?
Whether you have a patented invention, or if you have an idea that you think can be a good business opportunity, we can help you. In Let's Prototype we accompany the inventor to define his invention, we provide ideas to improve the invention as far as possible and that you can get a Patent in the USA that really assigns you the exclusive right of commercial exploitation on your Invention.
Let’s talk about your project
Is it possible to obtain a visa or permanent residency in the United States after registering a patent in the USA?
It is entirely possible to obtain a visa or permanent residency in the United States after registering a patent in the USA.
The United States government has a plan to ensure that the country remains a powerful innovation ecosystem; for this reason, it has plans to regularize the immigration status of inventors in the United States.
