A few years back, I co-founded a software company called Buffer. We created a team of folks who are now considered legends in the tech industry. While we were super grateful to have found success, the fact that thousands of people were inspired by our story was quite humbling.
It's great when a business can directly attribute its growth to a single idea or invention — we'll call it the Pied Piper strategy. When this happens, an entrepreneur can pat themselves on the back and feel proud of what they've accomplished. They can also feel confident that they're going to continue to grow their business for years to come.
But if you're not seeing the same level of success, it's usually because your strategy is too similar to what everybody else is doing. The issue is that you don't necessarily need to reinvent the wheel to be able to successfully compete in today's world. You just need to figure out how to properly 특허등록 your invention so that nobody else can use it without your permission.
Luckily, figuring out how to patent your invention doesn't have to be hard. It can actually be a rather painless process if you follow these guidelines.
Create a business plan before you start the actual patent application process
You need to make sure that you've considered everything that's required to make your invention a successful one. Before you start, you should have a clear picture in your head of what you're going to do and how you're going to do it. This will form the basis of your business plan and provide you with a clearer idea of what you're competing against.
When you're creating your business plan, write down everything that you can think of that could be related to your invention. This includes everything from the theoretical to the very practical. It also includes things like how you'll advertise and what you'll do if you don't get enough initial interest in your product. You don't want to leave anything to chance because you never know what could happen.
Choose the right commercial structure for your company
Once you've established your company, you need to choose the right legal structure. There are four basic options here and you should pick one that makes the most sense for your type of business.
The first option is a sole trader. In this case, you'll be the only person responsible for owning and running the company. You'll have complete control over what happens to the company, but you'll also be the only person responsible for paying taxes and insuring the business. This is by far the simplest structure to organize a business under and it also provides the most flexibility. You can operate the business however you see fit.
The second option is a partnership. In a partnership, two or more people join together to establish a business. You and your partner will have equal shares in the business and you'll both be responsible for paying taxes and insuring the business. You also have the option of having a general partnership or a limited partnership. A general partnership is when two or more businesses join together to share ownership. A limited partnership is when an investor provides funds for a specific project and then receives an interest in the company proportional to their investment. Limited partnerships are somewhat rare these days since many people assume that everybody is going to be an equal owner in a business. Still, they're great for families who want to stay independent and retain some ownership while getting the benefits of a business loan.
The third option is a corporation. A corporation is a company that's legally separate from its shareholders. This means that the shareholders don't own the business, but the business operates under a corporation's sole direction. There are also different types of corporations. For example, there's a government corporation and a not-for-profit corporation. Government corporations are often found in the energy sector and they must generate profits to fund governmental activities. Not-for-profit corporations don't have to generate a profit, but they must demonstrate that they're doing good work. The advantage of incorporating is that you have the option of tax-deductible gifts and donations, as well as the protection of limited liability. You won't be personally responsible for the debts of the business. Instead, you'll be responsible for the debts of the corporation (assuming you're not personally responsible for any debt of your own).
The final option is to become an LLP. An LLP is a limited liability partnership. Just like a corporation, an LLP operates under its own direction and is legally separate from its partners. The only difference is that an LLP doesn't have to disclose its shareholders. Instead, it can simply say that its partners are participating in the operation of the company -- in other words, there is no separate entity from the owners. All partners are jointly and severally liable for the debts of the business. Also, like a corporation, an LLP can take on loans and make purchases using its own funds. Finally, you'll need to decide whether you want to be a general or limited partnership. A general partnership does not limit liability for the partnership's debts. However, a limited partnership does limit liability to only those partners who've invested money in the company. If you've decided to become an LLP, you also need to decide whether you want to be a foreign or domestic organization. If you chose foreign, you'll need to decide whether you want to register your LLP in a foreign country or in the United States. If you choose domestic, the LLP needs to be formed in the United States.
Obtain a patent attorney
You need an attorney who is experienced in patent law. If you're not sure who to choose, ask for a few recommendations. You should also make sure that the attorney is a member of at least one reputable Bar association. In the United States, Bar membership is voluntary but most states have ethics rules which govern the conduct of lawyers. These rules exist to protect the public and to maintain the integrity of the legal system. The Bar associations enforce these ethics rules and act as a watchdog over attorneys. It's not enough to ask yourself if the attorney is reputable; you need to ask other people to vouch for them as well (i.e., friends, family, colleagues).
Once you've settled on an attorney, make sure that you meet with them to go over the patent application. You're going to have to sit down and go over every aspect of the business plan in detail. You can't make any mistakes because if you do, the patent attorney will charge you for it. Keep in mind that this is a costly and time-consuming process. There are also forms to be filled out and documents to be signed. Be sure to factor this in when making your decision.
Start with a simple patent application
The first step in the patent application process is to decide whether you're going to file a utility or a design patent. A utility patent covers a product or a process. In other words, it's a general idea rather than a specific design. A design patent covers the look and the feel of your product or service. For example, if you have an Apple TV and you're filing a patent application for its design, you would choose a design patent.
The next step is to decide whether you want to file a provisional or non-provisional application. A non-provisional application can be used to further develop your product or service. The benefit of filing a provisional application is that it gives you the option to ask the USPTO to reserve your patent application under certain circumstances. For example, let's say that you've developed a new shampoo that you want to sell to the general public. You can't sell it directly to the public because it hasn't been approved by the FDA. Nevertheless, you think that there might be an opportunity for your shampoo to be promoted as a diet aid. In this case, you can file a provisional application asking the USPTO to reserve the right to file for a utility patent once your shampoo has been approved by the FDA. The benefits of filing a provisional application are that you can start securing patents without really investing in expensive lab equipment or prototypes. As long as you maintain sufficient progress in your research and development efforts, you'll be able to request the patent's reservation.