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13 Jan, 2023 0 Editorial Team

How Difficult Is It To Get A Patent?

It is not difficult to get a patent if you create something unique. They have the funds to cover the legal costs and are willing to accept a patent with little protection. Your chances of getting a patent are affected by these factors.

Your invention’s uniqueness

To receive a patent, your idea must be considered innovative, previously unknown, and valuable by the US Patent Office. Original, as if your invention hasn’t been made before. Non-obvious means that your idea does not include slight changes to an already known one.

Usefulness denotes the invention’s desirability. Therefore, your chances of getting a patent from the US Patent Office grow the more unique your idea is. If you take a toaster that can toast two slices of bread and make it toast ten slices. Your chances of getting a patent are slim. Because the US Patent Office will undoubtedly decide that adding more slots is too obvious of a modification to qualify for a patent. However, the likelihood of receiving a patent for a time machine is relatively high.

If you’re able to pay to get a patent

The truth about any legal process is that people with more money may sometimes be advantaged. The patent application process is a long and highly complicated legal procedure. You must read every patent law and regulation to manage the application procedure successfully. Or employ a patent firm to act on your side. You must also go through a process to try to get a patent. It is not as easy as submitting paperwork and expecting a patent.

The procedure frequently involves back-and-forth communication with the Patent Office. The Office might protest, as is often the case, because your innovation is too similar to others. Your patent firm will then need to defend the differences between your invention and others that the Office considers too identical.

To convince the  Office that you deserve a patent, you might need to engage in back-and-forth conversations with them. Your patent firm must put in time and effort to do this, which costs money.

As a result, it’s essential to budget for legal costs for the process required to satisfy the patent office. That means you deserve a patent after the application has been submitted. If you don’t have the money to keep battling the patent Office, your chances of securing the patent are lower than those of an innovator who can.

The effectiveness of the patent

A patent may be strong, weak, or indifferent. Consider your creation of a basic blue cup for simplicity’s purposes. You might stop anyone from creating all cups of any size, colour, or shape if you can get a patent for all cups. However, if you get a patent for a particular round, blue cup, you can only prevent others from producing that specific style of cup. As a result, your patent is less strong.

An improved patent is much more challenging to get than an inferior one. If you want a patent, you must satisfy the patent office that you are the original inventor of every cup. There may be a lot more reasoning required. However, getting a patent for a particular round blue cup is simpler than proving to the Office that you were the first to arise with such a thing.

Therefore, the quality of the idea you submit will have a big impact on your chances of acquiring a patent. And finally, choose to accept. When preparing your application, it would help if you let your patent attorney or agent know. So they can advise you on how strong or weak of a patent to ask for.

How difficult it is to get a patent will depend on the variables selected. You can verify the invention’s originality by performing a patent search before applying for a patent. Understanding the costs associated with applying for a patent and having your patent firm communicate back and forth with the Office might help you decide if you have the resources to do so.

Depending on your risk assets and your patent goals, the strength of the patent you request and are ready to accept will vary. Are you going to seek a patent to prevent the manufacture of all cups? Or are you happy with a patent restricting the manufacture of only a round, blue cup?

As the individual seeking a patent, you must make this selection and discuss it with the patent agent or lawyer drafting your application. How difficult it is for you to get a patent will change if any of the above factors change.