Patent an idea in the USA
Requisitos para patentar una idea en USA | Pasos para registrar ideas en USA
this adventure
I want to know the steps to patent in the USA
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 does it mean to patent an idea?
Patentizing an idea in the USA is the act of publishing and reserving the exclusive right to commercially exploit an idea in a specific market. When you succeed in patenting an idea in the USA, you gain the right to prevent any company or other inventor from selling your idea in the USA.
What should you consider before patenting an idea in the USA?
Before registering an idea in the USA, you should know that a patent is not the only way to protect intellectual property. You should consult with a patent expert in the United States to determine the best option.
Antes de presentar una patente en Estados Unidos, debes realizar un estudio de antecedentes. También conocida como búsqueda de patentes de inventos en USA.
Estudios de patentes: Se realiza una búsqueda y análisis de ideas ya registradas en la oficina oficial de patentes. Este estudio permite crear una buena estrategia de protección y crear objetivos de innovación que permitan puedas Patent an idea.
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.
It doesn't matter if you live in Mexico or Spain, you have the right to patent your idea in the USA and maximize business opportunities with your patent.
Registering a patent for an invention is a fundamental asset that becomes important when establishing the value of a business. The country where the patent is registered and the patent validity period will be key factors in calculating how much the patent is worth.
The decision to register a patent in the United States is undoubtedly the best option for inventors. The reasons are:
The United States represents one of the main markets for selling consumer products and technological products.
The United States offers a secure legal environment, therefore, you can protect an idea safely and rigorously.
The procedures for patenting in the USA are simple and very fast. Therefore, you avoid other inventors getting ahead in the idea registration process.
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?
Aunque los inventores ven cierta dificultad para solicitar una patente en Estados Unidos, es totalmente factible y no tiene porqué ser más complejo, ni caro, que registrar la patente en Latinoamérica o patentar en Europa.
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!
6 Steps to Register 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 technical patent experts in the United States who determine whether or not to answer specific questions about the invention. If, during the examination, doubts arise regarding the innovation load of the patent, or if the patent drawings or some of the claimed functions are unclear, official notifications from the USPTO will be issued, which must be responded to, preferably by a patent attorney licensed in the United States. After responding to the patent experts' queries (which does not always happen), a decision will be made regarding the granting of the patent in the USA. If successful, a U.S. patent 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.
Options for Registering an Invention Idea in the USA
Plant Patent in the USA: This is a method of protection for inventions related solely to the agricultural sector. A plant patent in the USA protects the creation of new plant varieties that can be reproduced asexually. It is a very specific type of patent and therefore, it is not the most commonly used by inventors in Miami or inventors in Florida.
Utility Patent in the USA: The utility patent in the United States is the most commonly used to protect new inventions in the United States. It is used to register new machines, new articles, or any improvements to existing products. Most of the ideas from inventors that we receive at Let's Prototype are precisely related to improvements or refinements that can be introduced through existing products to enhance their performance.
Design Patent: Design patents in the USA are valid for 15 years from the date of application at the United States Patent and Trademark Office. This type of patent is intended to protect the shape or appearance of a product. When the innovation proposed by an inventor is specifically about the product's shape, it is recommended to file for a design patent.
Provisional Patents in the USA: Provisional patents in the USA are provisional registrations of ideas. Provisional patents are not subject to examinations and do not require the idea to be fully developed. The goal of a provisional patent in the USA is to protect ideas while they are in the development phase.
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 Lawyers in the United States
Malloy & Malloy: Law firm specializing in patent registration in the United States. They have over four decades of experience in protecting innovative ideas in the USA. It boasts some of the most renowned patent lawyers in Florida.
- Patent Office in Miami
- Patent Lawyers in Spanish
- Great experience in designing strategies to register ideas in the USA.
Sanchelima: Sanchelima & Associates is one of the most famous patent firms in Miami. It has lawyers specialized in trademark and patent registration in the USA.
- Experts in trademark registration in Spanish.
- Lawyers to register inventions in Spanish.
- Patent office in Miami.
Alcobaw Law Group (Miami Patents): This is a firm specialized in trademark and patent registration of innovative ideas in the USA. They have over a decade of experience designing strategies for protecting innovative ideas.
- Patent law office.
- Patent lawyers in Spanish.
- Patent specialists across the 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.
Phone number patent attorney in United States in Spanish
We offer the first free call with a patent attorney in Spanish. You can clarify all your doubts about how to register a patent in the USA in just 15 minutes. +1 786 813 4047
What can be patented in the United States?
Aunque algunos asesores de patentes en USA nos indiquen que solo los inventos con innovación disruptiva pueden ser patentados, estas afirmaciones no son del todo correctas.
Ideas that can be patented in the USA:
Inventions with progressive innovation: We refer to progressive innovation when the proposed invention is based on the evolution of an existing invention. Rather than changing the basic principles of the invention, these foundations are used to incorporate improvements that provide greater utility to the product.
Inventions with disruptive innovation: Disruptive innovation refers to those that achieve functions that bring value to users, without any precedent in how that function is accomplished. It is true that inventions with disruptive innovation are less common within the community of individual inventors and innovation departments of small and medium-sized enterprises.
Can progressive inventions be patented?
Absolutely yes! Initiatives that substantially improve the value perceived by users, by adding a different element to the product, are patentable inventions.
Therefore, it is not true that if an invention is based on existing elements or existing products, it cannot be patented.
The key lies in the value you provide through a transformation or contribution. This detail is what opens the opportunity to register an invention patent.
Many times, we are misled by proposals for low-level protection methods (Utility Models), which have significant restrictions compared to a patent. The false argument used by these supposed advisors is precisely that the invention relies on existing elements.
Patents for inventions with progressive innovation:
Dental Brush Patents: The toothbrush is a common household item that has seen many attempts at innovation. Specifically, the electric toothbrush has become widespread in the market since 1960. However, over the last decade, we can identify multiple examples of patented inventions that incorporate improvements to the toothbrush. For instance, there is a patent based on the dispensing of toothpaste, another focused on improving the mechanical system to withstand vibrations, and yet another patent that bases its innovation on incorporating timers and alert systems to maintain dental hygiene routines.
Did toothbrushes exist? Vibrators? Electronic components to develop timers? Of course, all of these elements existed independently and were used for purposes other than being incorporated into a toothbrush. Since it is a novel transformation that, as a key point, provides incremental value to users, they can be patented inventions without the need to resort to weak or unreliable intellectual property protection methods.
Multi-camera System in Mobile Phones: Since when have mobile phones existed? Since when have these devices been capable of taking photos? Clearly, most patents based on this technology are already obsolete due to the expiration of their active period. However, over the last 10 years, we have seen how the main leaders in the mobile phone market have presented and obtained patent examples based on the integration of multiple cameras in a mobile phone, also describing in these patents the methods of coordination in image processing.
Did mobile phones already exist? Did cameras already exist? Did phones with cameras also exist?
Yes, yes, and yes. These are the three answers. However, we have seen these examples of patented inventions because the coexistence of multiple cameras in a single mobile phone adds value to the quality of the photo obtained by the user. Therefore, as it is evident that the novelty (multiple cameras coordinated in a single phone) provides substantial value to users, it is clearly a patentable invention.
Based on these examples of patented inventions, despite not being disruptive technologies, we can conclude that, to patent an invention, we need:⬤
- Add innovation. Propose an improvement.
- The improvement must provide value to the users of the invention.
- That this improvement can actually be achieved.
If you can demonstrate these three points, we can assist you from the concept, patent registration, and manufacturing of the first functional prototype.
Tips for Registering a Patent in the USA.
- Document all the functional details of the idea. Pay special attention to the details related to the improvements brought by the idea. It is key to explain why the invention offers improvements over existing products and how these improvements are achieved.
- Study other existing patents: It is normal that there are other patents related to the idea or the problems you intend to solve efficiently. This study will allow you to clearly define the most innovative points of your idea.
- Work with a patent attorney in the USA or a patent agent in the USA. Consulting with patent professionals in the United States is crucial. They will help you define the most suitable protection strategy for your idea, which will be useful for future defense strategies for the idea, if needed.
- Study the patent specifications before they are filed. The work of patent attorneys in the USA or patent specialists in drafting patents focuses on preparing the patent, describing arguments, and providing descriptive analysis of the patent drawings, as well as presenting the background of the patent. It is highly recommended that you study the final patent document in depth to identify any potential alternative uses for your invention. This will help the patent specialist make decisions about what to include and what not to include in the patent draft before the document is made public.
- Before filing a patent in the USA, it is highly recommended that you demonstrate in advance that your invention works. At Let´s Prototype, we specialize in rapid prototyping and technical studies. With these studies or prototypes, patent attorneys in the USA or patent agents will be able to perform their work more effectively and add rigor to the description of the idea.
Patent Attorneys vs Patent Agents in the USA
Many inventors have questions about the differences between patent attorneys and patent agents. Although both professionals are trained to help you register an invention idea in the United States, there are differences in the scope of their services.
It cannot be stated that a patent attorney is better than a patent agent; it depends on the specifics of each case.
Below, we outline the main differences between both profiles and provide some recommendations that may be useful when choosing an advisor to register an idea in the United States.
| Patent Attorneys | Patent Agent | |
| Education | A law degree holder with accreditations from the USPTO | Accredited by the USPTO |
| Patent Litigation | Can defend patents in court | Not authorized to defend patents |
| Patent Advice | Can advise on the legal strategy surrounding the patent. They can also draft and file the patent. | Can only advise on technical aspects of the patent, and can also draft and file patents. |
| Service Fees | $$$$$ | $$$ |
The main differences between a patent attorney in the United States and patent agents in the United States lie in the scope and cost of the services provided. Patent attorneys, being accredited to perform legal procedures, are trained to defend patents against potential infringements. Before becoming a certified and accredited professional by the USPTO, they are also authorized to practice law. In the case of patent agents in the USA, like attorneys, they can draft patents, file patents, and communicate with the official U.S. Patent Office.
However, in the future, if you require any special defense in a patent litigation, you will need to hire a patent attorney in the United States.
From our experience as an innovative product development company in the United States, we have found it very convenient working with patent attorneys in the United States.
Currently, we work with inventors in the idea development process, propose improvement alternatives, complete the industrial design stage of the products, as well as the development of the invention. Once this process is complete, we provide the technical documentation to patent attorneys in the USA, who are responsible for designing a future defense strategy, after understanding the technical details, drafting, and filing the patent with the USPTO.
The time to bring your ideas to life is now. We accompany you throughout the entire process: from idea to product.
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