Five Simple Steps on How to Patent an Idea

Step 1 – Determining if Your Idea is Eligible For a Patent

Believe it or not, not every idea is eligible for a patent. There is a list of requirements your idea or invention must meet in order to qualify for a patent. To refer to the criteria necessary to be met, you can complete a patent search through the Canadian Patent Database. Upon doing your patent search, make sure that there is not already an existing patent on your idea or invention. Sometimes there may be pending applications that are quite alike to yours, and this is definitely something you want to avoid and make sure are not present.

Once the above steps are checked off, it is important to think about which patent your idea can be issued under. There are three different types of patents that can be issued which include: a utility patent, a design patent, and a plant patent. If your idea meets all the eligibility requirements, the next step is determining what type of patent specially your idea can be issued under.

Step 2 – Every Step Must be Written, Recorded, and Documented

It is a great idea to provide further evidence that your idea is specifically and uniquely your own. This is done through showing your thought process through notes, sketches, brainstorming, mistakes, etc. Anything that can show that your idea is solely and completely from you is extremely important.

Another thing greatly important to note is the use of NDA’s. If you have people working on your idea and concepts with you, it is important to have them sign an NDA; a non-disclosure agreement, to prevent them from sharing your thoughts and ideas with others. It also goes to clarify that work done on your idea and invention is owned by you, making you the sole owner. You are the only one with rights towards the idea and the patent specifically.

Step 3 – Building a Prototype

Patents alone cannot work without the support of step 2 and step 3. It is important to have a tangible prototype of your invention created that you can easily present. It is more than an idea on paper, and essentially brings the idea and vision to life in the form of a tangible product. Make sure that your prototype stands out and showcases the wow factor of your idea.

You can create the prototype yourself, but it is best to do it with the help of an expert. They have the expertise to point out any errors, or ways to improve your product and capitalize on its features. Spark’s team of design experts and mechanical engineers will work to aid you with your prototype development, truly bringing your vision to life. Come to us with your sketches, drawings, and images, and let your vision speak for itself.

Step 4 – Timing and a Provisional Patent (If Needed)

Sometimes timing becomes an issue, and you might not have all the parts and pieces necessary to file your patent application. Filing a provisional patent is the way to go in this case, as your idea will be protected while you prepare the final details and criteria necessary for your official patent application. Having a provisional patent will lock your idea in place for up to a year, preventing anyone from obtaining the rights to your specific idea or invention. You have the priority and rights in this sense, and no one can snatch that away from you with a provisional patent. This is essentially the “patent pending” stage.

Step 5 – Time to Hire an Attorney and File Your Patent

The time has now come to hire a patent attorney. Spark Innovations can connect you with the best patent lawyers to make the process a very smooth and easy one. Hiring a patent attorney will make the process a walk in the park, and make sure down to every detail that your idea is eligible for a patent and incontestable.

Once you have your trusted lawyer, it is time to file and submit your official patent application that will lock and secure all rights of your idea down to you. Your attorney is highly knowledgeable and skilled in how this process works and will essentially prepare the drafts of your application. Once everything is all good to go, the attorney will file the finished and complete version of your application.

And voila, 5 simple steps to help you file a patent! Check our Spark Innovations for more information on patenting your idea at Spark Innovations.