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Invention Patent Process

What is an invention patent?

An invention patent is an exclusive right to the benefits of an invention. Invention patents are granted by the U.S. Patent Office, for a specific period of time. The invention must be original, must not have been described in a publication, non-obvious, and must be of use.

What are the first steps to getting an invention patent?

An individual will first need to do a patent search. This will determine if the patent you are seeking has already been patented. Essentially the individual will need to check via the search if there are any similar invention patents. The individual will want to use a local reputable patent attorney. Be aware internet companies offering to help patent your invention. Many are scams that end up costing a lot of money. In some cases these companies even steal the invention idea. Once the patent search is complete, the next step would be filing the patent application with detailed drawings and explanations to show your invention is unique.

How does an individual get an invention patent with just spec drawings for the invention?

The individual will first need to hire a patent lawyer or patent agent. Having the drawings will help make the process move quickly. The drawings and explanations will play a big part in the process of writing the application by the patent lawyer/agent. The individual should work closely with the patent lawyer/agent to make sure your idea is fully understood. This patent lawyer/agent will help with the invention disclosure. This is a very detailed explanation that ultimately when read should allow everyone to fully understand your accomplishment. They will also write up the application and submit it to the patent office. Typically the process takes two to three years and could also cost a couple thousand dollars in fees and lawyer time.

Can filings for an invention patent affect an individual’s social security disability benefits?

Simply filing for the invention patent only will not affect social security disability benefits. However if an income can be made off the patent then it could affect the social security at that point.

SSA considers an individual’s age, medical condition, education, past work experience and transferable skills. An individual who cannot adjust to other work likely would be approved for benefits and if the individual can adjust to other work benefits may be denied. Depending on the facts of the matter, filing for an invention patent could indicate an ability to adjust to other types of work. If however, an individual has very little to do with filing the invention patent because they hired an attorney to handle it, then most likely it will not affect any benefits.

Can a concept of a product be patented or does the invention patent need to be for a tangible product?

The concept of idea of a product cannot be patented only a tangible item can be. An application for a conditional patent can be filed. The application must be completed within twelve months. There is no extension and reapplication for the product can never be made again.

Having the right information and understanding about invention patents can help when dealing with questions about invention patents. Experts can help answer what an invention patent is or how to begin the steps of applying for an invention patent. Get the answers fast and affordably by asking an Expert online.

Ask an IP Lawyer

Alex Reese
Alex Reese, Lawyer
Category: General
Satisfied Customers: 2749
Experience:  Experienced in intellectual property law
14461494
Type Your Intellectual Property Law Question Here...
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4 IP Lawyers are Online Now

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    Ask follow up questions if you need to.
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IP Lawyers are online & ready to help you now

Alex Reese
Lawyer
Satisfied Customers: 2588
Experienced in intellectual property law
Robert McEwen, Esq.
Lawyer
Satisfied Customers: 387
Licensed Texas General Practice Attorney
Thomas Swartz
Lawyer
Satisfied Customers: 374
Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Recent Invention Questions

  • Not sure if you got my question I just sent so I state it again. I

    Not sure if you got my question I just sent so I state it again.
    I wrote a song and hired a producer, paid him several thousand dollars, paid him in full. I paid the band members, the studio and the singer. I then put the copyright in my name as I considered him a work for hire. Now he says he should have been on copyright as a co writer. Who is right?
    Thank you
    Thelma Miller
    ***-***-****
    *****@******.***
  • I'm a small retailer launching an online store. I resell some

    I'm a small retailer launching an online store. I resell some products I've bought directly from companies wholesale. Is it okay to copy-paste product descriptions from their websites? What about product photos? In the case of some of the product descriptions they are word for word; in others, I paraphrased and changed the text slightly; in some I changed the tense (ex. "Our widget has these features: a, b, c." to "company's widget has these features: a, b, c.") I also did an about section for some of the companies and artists I'm reselling for and either copy-pasted or paraphrased parts of their biographies next to their names. I was hoping all of this was okay because I am actually reselling their products that I purchased from them legally, not using their descriptions for a different product; and in the case of the bios I'm describing them either in their own words or taking their own words and editing them into something slightly different. However, I'm not making a distinction or disclaimer of any kind that any or all of the content came from the company/artist, so it isn't stated who wrote the copy or took the photo. At the bottom of my site I do have the words "copyright 2014 my site name." I've seen other retailers copy/paste products and descriptions from the original manufacturer's site and thought this was normal, but today (ironically, as I'm about to go live on my site) a friend who is also a retailer posted info on web plagiarism because another retailer has been stealing ideas from her business Facebook and morphing them into their own. ???
  • I have been downloading pictures from the internet (Bing photo

    I have been downloading pictures from the internet (Bing photo searches) for personal use in short stories. There is little or no information as to the source of the photos that are gathered in the search. If I publish a story that has such a photo included, am I in violation of copyright laws? Also, must an individual or company who creates the photo file for a copyright to be protected by copyright laws or does the law automatically attach to the creators the photo?
    Thanks, Larry
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