Patent an idea in the USA
Requirements for patenting an idea in the USA | We design, manufacture, and patent your ideas and inventions.
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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.
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.
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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.
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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?
Although some patent advisors may tell us that only inventions with disruptive innovation can be patented, these statements are not entirely correct.
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 being offered low-level protection methods (Utility Models), with significant restrictions compared to a patent. The false argument used by these so-called advisors is precisely that the invention is based on existing elements.
Examples of patents for inventions with progressive innovation:
Toothbrushes: The toothbrush is a common item, with many attempts at innovation over time. Specifically, the electric toothbrush has become widely available on the market since 1960. However, in the last decade, we can identify multiple examples of patented inventions that incorporate improvements to the toothbrush. For example, there is a patent that bases its claims on the dispensing of toothpaste, another on improving the mechanical system to withstand vibrations, and another patent that bases the innovation on the incorporation of 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 they had the ability to take photos with these devices? Obviously, most patents based on this technology are now obsolete due to their expiration. However, in the last 10 years, we have seen the main leaders in the mobile phone market present and obtain examples of patents 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.
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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