How to File a Patent with InventHelp?

Filing a patent can feel like a daunting process, but with the right guidance, you can turn your invention into a protected asset that opens doors to success. InventHelp is one of the companies that offer services to inventors.

InventHelp says it has worked with inventors since 1984, helping clients with idea submission and referrals to patent attorneys.

It also says it keeps a Data Bank of thousands of companies that have agreed to review new ideas in confidence.

Only a small share of patents ever become marketable products, so it pays to get good advice early.

Before you sign up with any invention-services company, check it carefully. US law (35 U.S.C. § 297) requires invention promoters to tell you in writing, before you sign a contract, how many of their customers they know to have made a net profit as a direct result of their services. The USPTO also publishes the complaints it receives about invention promoters, although it does not investigate them.

Keep reading to learn how to file a patent with InventHelp!

What is a patent?

A patent is a legal right that the government gives to an inventor that lets them retain their idea for a certain amount of time (usually 20 years). The patent owner, with this protection, can prevent others from making, using, selling, or giving away the creation without their permission.

In exchange for this control, the creator has to share the details of the creation with the public so that others can figure out how it works. This encourages more inventions.

Patents can be given for many ideas, such as new products, processes, tools, or combinations of materials. There are three primary types of patents:

• Utility Patents: These are the most common and protect inventions that have a specific function, such as machines, manufactured items, or chemical compositions.
• Design Patents: These protect a product’s unique appearance or design, covering the visual aesthetic rather than its functionality.
• Plant Patents: These are granted to inventors who create or discover and reproduce new, distinct plant varieties through asexual reproduction.

The patent system incentivises innovation by allowing inventors to commercially benefit from their creations, either by producing the invention or licensing it to others. If someone infringes on a patent, the holder can take legal action to enforce their patent rights.

When the patent expires, though, the idea becomes “public domain,” which means that anyone can use it without paying for permission. This balance promotes technology growth and makes sure that inventions help people in the long run.

Importance of Patenting Your Invention

Patenting your invention is vital for protecting your intellectual property and securing your competitive advantage.

A patent grants exclusive rights to your invention, preventing others from making, using, or selling it without your permission. This prevents other people from copying your idea and lets you make money from your innovation by selling or licensing the patent.

Furthermore, having a patent can increase the value of your business by demonstrating innovation and enhancing credibility in the marketplace.

Investors and potential partners are often more willing to collaborate with inventors who have patented their ideas, as it shows a strong commitment to protecting their work.

Additionally, patents encourage technological progress by promoting transparency. In exchange for exclusive patent rights, inventors must publicly disclose how their invention works, contributing to advancing knowledge in their field while ensuring their innovation is protected.

Challenges Inventors Face in Patenting

Inventors face several challenges in patenting their inventions, making the process complex and time-consuming.

• One of the biggest hurdles is navigating the legal complexities of patent applications. Drafting a thorough and accurate patent that meets the legal requirements for novelty, non-obviousness, and usefulness requires specialised knowledge, often necessitating the help of a competent patent attorney.
• The cost of filing a patent is another challenge. Patent applications, attorney fees, and maintenance costs can increase, especially for individual inventors or small businesses with limited resources.
• The long review process, which can last several years, also often causes delays in protecting or commercialising the idea.
• Inventors may also struggle with patentability concerns. Ensuring their invention is unique and doesn’t infringe on existing patents requires extensive research.
• Lastly, enforcing a patent if infringed upon can involve costly and lengthy legal battles, making protection even more difficult.

Can InventHelp Help Me Patent an Invention Idea?

InventHelp says it can help inventors from the idea stage onwards. It does not give patent advice itself, which it says can only come from a patent attorney; instead, it refers inventors to independent patent attorneys.

Whether an invention is new enough to be patented is a legal question, so it is for the patent attorney to assess, for example through a search of earlier patents.

The independent patent attorney can then draft, prepare and file the patent application with the U.S. Patent and Trademark Office (USPTO).

Apart from patent referrals, InventHelp says it helps inventors present their ideas, for example with 3D-printed prototype models and presentations that use 3D models and animations.

InventHelp also offers invention submission services for those interested in commercialisation: it says it prepares materials such as a New Product Submission Brochure and submits them in confidence to companies in its Data Bank.

It says it gives every client a confidentiality agreement before discussing the details of an invention.

InventHelp also says that pursuing an invention is challenging, that the chances of financial success are never likely or guaranteed, and that submitting an idea does not guarantee a licensing agreement.

What InventHelp Says It Offers

Here is a summary of the services InventHelp describes on its website:

• Patent Referrals: InventHelp says it refers inventors to independent, registered patent attorneys, and that it does not provide legal services or advice itself.
• Confidentiality: InventHelp says it gives every client a confidentiality agreement before discussing the details of an invention.
• Invention Submission Services: InventHelp says its Data Bank includes thousands of companies that have agreed to review new ideas in confidence.
• Prototype and Presentation Services: InventHelp says it offers prototype models, production drawings, invention websites and 3D presentations of an idea.
• Experience: InventHelp says it has worked with inventors since 1984.

InventHelp charges fees for these services and says it states them upfront, so ask for every fee in writing and check what each one covers before you sign.

How to File a Patent with InventHelp: A Step-by-Step Guide

Filing a patent can be a complex and time-consuming process. This step-by-step guide walks you through how the process works when you use InventHelp, and which steps the patent attorney handles.

Submit Your Idea to InventHelp

The first step is to contact InventHelp, either through its website or by contacting one of its offices directly.

To be patented, an invention must be new, useful and non-obvious compared with what already exists. InventHelp says it does not give patent advice, so this assessment comes from the patent attorney it refers you to, not from InventHelp.

If you decide to go ahead, InventHelp can refer you to a licensed patent attorney for the patent work.

Conducting a Patent Search

Conducting a patent search is a vital step in the patent process, to check that your invention is an original idea and not already patented. By verifying the uniqueness of your idea, you can avoid potential legal issues and wasted resources on an invention that may infringe on existing patents.

Through its patent referral service, InventHelp says it can put you in touch with an independent patent attorney, who can search existing patents and similar inventions for you.

A patent search looks through patent databases and other sources for prior art that may affect your application. It cannot prove that an invention is new, but it shows you the closest earlier inventions before you spend money on an application.

The results can also show how others have approached the same problem, which may help you refine your invention or explore alternative approaches.

With the search results and the attorney’s opinion, you can make an informed decision about whether to file.

Working with Patent Attorneys

A patent attorney does the legal work of the patenting process. InventHelp says it does not provide legal services itself, but it can refer inventors to independent patent attorneys.

These professionals specialise in patent law and know the complexities of preparing and filing a patent application.

The attorney will review your idea to check whether it meets the requirements for a patent. They help draft the patent application by describing the features, benefits, and claims of the invention.

This level of detail is very important because the language used in the application can have a big effect on the approval process and scope of protection.

Once the application is prepared, the attorney submits it to the U.S. Patent and Trademark Office (USPTO) and handles any correspondence or objections that may arise during the examination process.

A good patent attorney helps you avoid mistakes in the application, but no one can promise that a patent will be granted.

Filing the Patent Application

Filing a patent application is a critical step in securing protection for your invention, and it is typically done through the U.S. Patent and Trademark Office (USPTO).

A complete patent application includes several key components: a detailed description of the invention, clear drawings illustrating its design and functionality, and specific claims that define the scope of protection sought.

The patent attorney prepares this paperwork; InventHelp says it does not provide legal services or advice itself.

Once the application is ready, the attorney files it with the USPTO and, during examination, responds on your behalf to the examiner’s objections and requests for more information.

With this help, inventors can spend more of their time on developing their ideas.

Monitoring the Patent Application

Monitoring the patent application is a vital phase that follows submission, as inventors await approval from the U.S. Patent and Trademark Office (USPTO). The patent review process can take anywhere from six months to several years, based on how complicated the idea is and the backlog of applications.

During this waiting period, your patent attorney should tell you about any communications from the USPTO, such as requests for additional information, and the deadlines for answering them.

This proactive communication helps inventors know what to expect during the review process and prepares them for potential next steps.

Costs Involved in Filing a Patent with InventHelp

Filing a patent with InventHelp involves various costs that inventors should be aware of in order to budget effectively for the entire process.

Patent Filing Fees

The USPTO fees, which include filing, search, and examination fees, are one of the major expenses. The filing fee changes depending on the type of application (non-provisional or provisional patent application) and the size of the entity applying (person, small company, or big entity).

There are also search fees, for the USPTO’s own search of earlier patents and publications, and examination fees to have your application reviewed by a patent examiner.

InventHelp’s Fees

InventHelp charges for its own services, such as invention submission and patent referrals, and it says it states its fees upfront.

These fees can vary, so ask for every fee in writing, including the patent attorney’s, and check what each one covers before you sign.

Long-term Costs

Beyond the initial costs, long-term expenses are also associated with maintaining a patent. Once granted, patents require maintenance fees to keep them active. These fees are typically due at intervals (usually at 3.5, 7.5, and 11.5 years) and can increase over time.

Failing to pay these maintenance fees can result in the patent expiring, allowing others to use the invention without permission.

Pros and Cons of Filing a Patent with InventHelp

Using InventHelp has possible benefits for some inventors, especially first-time inventors who don’t know where to start.

However, it’s essential to weigh the benefits against potential drawbacks. Here’s a concise look at the pros and cons of using InventHelp for patent filing to help you make an informed decision.

Advantages

Guidance Through the Steps

One possible advantage is having a single company to guide you through the steps, from your first enquiry to a referral to a patent attorney.

This can help first-time inventors understand the stages of getting a patent, although the legal advice itself comes from the patent attorney.

Access to Legal Expertise

InventHelp says it can refer inventors to independent, licensed patent attorneys who specialise in helping inventors.

These professionals handle the intricate details of patent applications, such as drafting the claims that define what the patent covers.

Reduced Stress and Paperwork for Inventors

Having professionals handle the paperwork can reduce the stress of the patent process.

The patent attorney manages the deadlines and the correspondence with the U.S. Patent and Trademark Office (USPTO), allowing inventors to focus on refining and developing their innovations rather than worrying about legal formalities.

Disadvantages

Costs Associated with Their Services

There are also disadvantages to consider.

One major drawback is the cost. In addition to the standard fees required for filing a patent with the U.S. Patent and Trademark Office (USPTO), InventHelp charges for its own services, such as patent referrals, invention submission and prototype models.

These costs can add up, particularly for individual inventors or small businesses with limited budgets.

Length of the Patent Process

Another challenge is the length of the patent process.

Even with InventHelp’s support, the patent application process can take months to years to complete, depending on the complexity of the invention and the workload at the USPTO.

This extended timeline can delay the commercialisation and market entry of the product, making it a slow-moving process for inventors eager to see their ideas succeed.

What Happens After You File Your Patent?

After you file your patent, your invention enters patent pending status, meaning your application is under review by the U.S. Patent Office (USPTO). While your patent is pending, you have limited legal protection, but it signals that you’ve taken steps to secure exclusive patent rights.

During this period, you can still market your invention and seek commercial opportunities, though full protection won’t be granted until the patent is approved.

During the patent pending phase, you can use InventHelp’s submission services to try to get your idea reviewed by companies. InventHelp says it prepares presentation materials, such as a New Product Submission Brochure, and that it can also provide prototype models.

It says it submits these materials in confidence to companies in its Data Bank, in the hope of obtaining a good faith review.

If a company is interested in your invention, it may offer to license it.

Licensing allows you to profit from your invention by granting companies the right to manufacture, use, or sell your product in exchange for royalty payments or licensing fees. This can be a lucrative income source without handling production and distribution yourself.

Whichever route you take, there is no guarantee that an invention will make money, so weigh the costs of each service against what you can afford.

What’s Next?

InventHelp’s services, as it describes them, are patent referrals, presentation materials and idea submission; the patent work itself is done by the independent patent attorneys it refers inventors to.

Before you sign, compare its fees and services with those of a patent attorney you choose yourself, read the disclosures that US law requires invention promoters to give you, and check the USPTO’s published complaints about invention promoters.

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