Do I need a patent?

There are several factors to be considered in making a decision to file a patent application:

One factor is whether the ability to use “Patent Pending” on the invention during marketing/licensing activities is considered to be strategically important.

Another factor is whether preserving patent rights outside the U.S. is important.

Another factor is if the inventor is willing to pursue getting an issued patent for prestige and/or other personal reasons.

Another factor to consider is how long you expect to have sales for your invention. If your invention is a fad-type product that will only have significant sales for one or two years, filing a patent application is usually not in your best interests.

Similarly, if your expected profit from your invention does not cover your patenting and bring-to-market expenses, filing a patent application is usually not in your best interests. You can hire professional patenting agencies, such as Invent Help, to help you figure out these things.

Patent filing is the safest way to protect your invention. Patent filing is part of the patent registration process, a service that is provided by the United States Patent and Trademark Office (PTO or USPTO). To ensure the successful completion of the patent process, your invention must fit the guidelines of five patent classes:

  • Process
  • Machine
  • Manufacture
  • Composition
  • New use

Your patent term lasts 20 years after the patent filing date. Patent renewal is not an option for most patents, but can be extended by a Congressional act. Because the patent registration process is complicated, a patent attorney or a patent agency like InventHelp should be hired to file and present your application to the Patent Office.

Be aware that out of the thousands of patents submitted annually to the Patent and Trademark Office, only half are actually approved. To avoid wasting time and money filing a patent that won’t be accepted by the Patent and Trademark Office, find yourself a good patent attorney or an agency.

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