Getting an Idea Patented

So in my last blog post I talked about Disney's new patent, for interactive cakes.  From this I wondered what exactly it takes to get a patent.  Well first of all, what is a patent?  Well, a patent is a set of exclusive rights granted by a state to an inventor for a limited period of time in exchange for a public disclosure of an invention. 

So say you came up with an idea now what do you do? (A longer list can be seen from this site)

Step 1: Evaluate your design
Step 2: Prepare a drawing or paper of your idea
Step 3: Higher an attorney*
Step 4: Choose your patent type
Step 5: Apply for the patent
Step 6:  Wait for your patent approval or denial

*This can be done by yourself but is highly recommended to higher a patent lawyer as the law is very tricky

Now lets go a little in depth


Step 1 and 2 are somewhat easy to understand.  Just make sure that you have your design done in a way that people can understand what your product is and what exactly you designed.  For example, with the Disney design they had the picture of a cake with a projector on it and that was their patent design drawing. 

Step 3  Higher an attorney-  Honestly I would have never guessed there was such thing as a patent attorney but there are a lot of issues that need to be taken into account. For example, you have to make sure that the idea has not already been used and that there is only credit given to those that deserve it.  Meaning that someones name is not put on it that never worked on the project.  Considering this, when coming up with an idea it is very important to make sure that you keep data and proof of the progress in making the design.  This can be as simple as a design notebook like the one used in senior design here at CSM. 

Step 4 Choosing your patent type-  There are three main patent types, a design patent, an utility patent and a plant patent.

A design patent is an idea of a functional product for example it can be jewelry, furniture or beverage containers.

A utility patent is an improvement to an already functional product which could be a new type of self-fastening diaper or a new recipe.

A plant patent is the rights to a new breed of plant for example it could be a banana that is resistant to a new virus.

Step 5  Applying for the patent and Step 6 waiting for the approval.  This is where an engineers technical writing skills would come into use, but lets be honest no engineer really enjoys writing and if a lawyer was hired, then the lawyer would fill out this application. However, it is recommended that the patent application be checked over by a lawyer anyways as the patent can take up to years to get approved and this process can go in full circle if the patent is rejected.

So it really can be a lengthy process in getting an idea patented and is a costly endeavor.  The price to get an idea patented yourself can cost around $3000 while if done correctly and with a lawyer can be upwards of $23000. (Fee pricing estimates)