How to publish a patent [Definitive Guide]

Last updated : Sept 6, 2022

Written by : Robin Keef

Current : 9363

Write a comment

What does it mean to publish a patent?

Published Patents Patent applications are published in order to make the public sphere aware of what is seeking patent protection. This means that, if the patent isn't actually granted to the work, the public can learn from the work anyway.

How long does it take for a patent to be published?

General Rule: U.S. Patent Applications Are Published After 18-Months. Unless a patent applicant files a non-publication request, U.S. patent applications are automatically published after 18-months from their earliest priority date. See MPEP 1120 Eighteen Month Publication of Patent Applications.

How much does it cost to get a patents?

A patent can cost from $900 for a do-it-yourself application to between $5,000 and $10,000+ with the help of patent lawyers. A patent protects an invention and the cost of the process to get the patent will depend on the type of patent (provisional, non-provisional, or utility) and the complexity of the invention.

Can you publish after filing a patent?

After you file the patent, you can proceed for publishing your work in journals or elsewhere because, the works after the date of filing patents will not counted as a Prior Art.

Should I patent or publish?

Although publication has certain advantages, but the patent can be more useful as Patent = good publication + IP. Patent gives an authority to sell the product whereas paper gives an idea of the work to others to do further research. A good patented product can be commercialized and gives value over and above a paper.

Who can grant patents?

Congress has the power to grant copyrights and patents. In fact, the ultimate decision for granting intellectual property protection, in the form of a patent or a copyright, lies with Congress.

How long is a patent good for?

Patent protection is granted for a limited period, generally 20 years from the filing date of the application. Is a patent valid in every country? Patents are territorial rights.

What happens after a patent is granted?

What Happens When a Patent Is Granted? Once the USPTO issues a patent, the patent status is no longer pending. Your invention can no longer be produced or sold without your consent. You should mark a patented invention with "patented" and the patent number instead of "patent pending."

When should you not get a patent?

U. S. law provides you will lose your patent rights if you sell, offer for sale, publish, or publicly use your invention more than one year before filing a patent application on that invention.

How do you make money from a patent?

Start a business: Product conversion.
License your patent.
Use a patent licensing company.
Use it as collateral for a bank loan.
Sell off your patent rights.
Sell to a business that's expanding to your country.

Does a poor man's patent hold up in court?

Even under the old system, i.e., the â€œfirst to inventâ€ system, a â€œpoor man's patentâ€ standing alone, i.e, without a patent application, was worthless. You cannot access the court system and ask a judge or a jury to enforce a right that the U.S. Government does not even recognize as a right.

How can I patent my idea for free?

There are two ways you can actually patent an invention for free, sort of. If you cannot afford an agent or attorney, look to the Patent Pro Bono Program or the Law School Clinic Certification Program, both provided by the USPTO. The Patent Pro Bono Program pairs registered patent agents or attorneys with inventors.

How do I get my invention published?

Step 1: Become well-versed in the subject matter.
Step 2: Patentability criteria & other checks.
Step 3: Curate your invention in a detailed manner.
Step 4: Explain your invention through diagrams.
Step 5: File the patent application.
Step 6: Publish the application.
Step 7: Examination stage.

Do patents count as publications?

Patent is nothing related to a publication actually. Patent allow you not to use your ideas by others in future and claim.

Can you patent an idea?

Many people ask: can ideas be patented? The short answer is no. Unfortunately, despite what you may have heard from late night television commercials, there is no effective way to protect an idea with any form of intellectual property protection. Copyrights protect expression and creativity, not innovation.

Does having a patent look good on a resume?

If you have patents on products that are relevant to the jobs you want, it's a good idea to include them on your resume to impress employers and demonstrate your ingenuity.

What are the 5 requirements of a patent?

The innovation is patentable subject matter. Patentable.
The innovation is new (called 'novelty')
The innovation is inventive.
The innovation is useful (called 'utility')
The innovation must not have prior use.

What are the 4 types of patents?

Utility patent. This is what most people think of when they think about a patent.
Provisional patent.
Design patent.
Plant patent.

What are 3 types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

Can you sell your patent?

Selling a patent allows the inventor to generate income that will help pay the bills or finance other promising ideas. Selling a patent outright also eliminates the huge financial outlay required to start up a business based on a new product.

Did you find this article relevant to what you were looking for? Yes No

Write a comment

Comment by Tiffany Hrna

Thanks for this great article

Thanks for your comment Tiffany Hrna, have a nice day.
- Robin Keef, Staff Member

Comment by Augustine

Thanks for this interesting article

Thanks Augustine your participation is very much appreciated
- Robin Keef

About the author

Robin Keef

I've studied bootstrap (statistics) at Thomas Edison State University in Trenton and I am an expert in projective geometry. I usually feel pessimistic. My previous job was soil conservationist I held this position for 15 years, I love talking about rafting and slacklining. Huge fan of Tara Lynn Wilson I practice croquet and collect petroliana.

All you ever wanted to know

about "How to publish a patent".

Try Not to laugh !

Joke resides here...