How to patent a toy?

2018-05-18T12:20:29+00:00 December 22nd, 2017|

 

The holiday season is a very important time for the toy industry because children make their wishlists with the most popular toys of the year.

Every day, we are surprised by the innovation in the toys field. Any adult who walks through the children toys section at a store will witness the variety and the surprising progress toys have had. Currently, this industry realizes the illusions of children and allows them to interact with the most exotic and fun creatures imagination can create. It gives them the possibility of being, for a moment, superheroes, chefs, policemen or teachers, which stimulates their creativity, learning and, of course, entertains them.

However, there is a whole process before we can find a toy in a store. Have you ever wondered what is the process to patent a toy? The answer is likely to be negative, but the process may be interesting to you.

This world of fantasy and amazement that makes toys come true is not alien to regulations. Jurisdictions around the world allow the inventors of these toys, which dazzle both adults and children, to obtain protection for their inventions so that they can enjoy the economic benefits they generate, along with preventing others from taking advantage of their idea or copying their creations.

In the inventions field, toys are among the so-called product inventions, which consist of tangible objects that have novel characteristics that make them different from those already offered in the market.

The first you have to remember before patenting a toy is that ideas are not patentable. Your toy can be patented as a product but you can never patent the idea you have of making a toy.

Toys, like other inventions, must comply with three requirements to be patented: The first one is novelty; that is, that there is no invention equal or similar to yours; the second one is that an expert would not find the invention obvious; and the third requirement is that the invention can be replicated in an industrial process.

Before venturing to apply for a patent and if you are not sure it meets the above requirements, you must perform a patent search, which can be performed through Patentscope, available at the WIPO website, or to request an official search offered by the Latin American Patent and Trademark Offices.

If you are already sure that the invented toy meets these criteria, you should make sure it is protected through a patent, following the steps described below:

First, you must make a detailed description of the toy in which you disclose its functions, the problem it solves, its components and what makes it different from the others that have been invented before. If you feel unsure about the problem your toy solves, do not worry. There is no doubt that well-being and fun are the best solution to almost any problem.

Then, at the time of filing the patent application, you must file, along with the description, an abstract, which summary of the invention where you briefly explain it and encourage the Patent Office to grant it, and a claims chapter that we recommend it is made by a professional.

The claims chapter is fundamental since it defines the scope of your invention. For example, if your toy consists of a teddy bear that talks in response to a phrase, a possible claim would be: A teddy bear that talks under the vocalization of a secret phrase from the user.

After having the complete patent document with claims, summary and the other requirements, you must file your patent application before the Patent and Trademark Office for each corresponding country, either in person or online, and wait for any office action from the Patent Office.

If everything works out ok, you are going to dominate the market share for your invention for the next 20 years.

If you need support for your patent registration process, feel free to contact us