How to Patent Your Invention By Neil Armand

A patent is a government granted right that allows the inventor to exclude anyone else from making, using or selling the invention in the country that issued the patent. The government grants this right to help encourage inventors to spend the time, money and effort to invent new products, technologies and the like.

In the United States, the term of a new patent is 20 years from the date on which the application for the patent was filed or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees.

When a patent expires, the invention enters the "public domain" allowing anyone to make, use or sell the invention without needing the permission or paying any royalty to the inventor. The government requires patents to expire because otherwise one person can control an entire industry if that person was the first to conceive of a type of product.

The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent for an invention may be obtained. Any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent," subject to the conditions and requirements of the law.

In order for an invention to be patentable it must be new as defined in the patent law, which provides that an invention cannot be patented if: "(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent," or "(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent.

If the invention had been described in a printed publication anywhere in the world, or if it has been in public use or on sale in this country before the date that the applicant made his/her invention, a patent cannot be obtained. If the invention had been described in a printed publication anywhere, or has been in public use or on sale in this country more than one year before the date on which an application for patent is filed in this country, a patent cannot be obtained.

In this connection it is immaterial when the invention had been made, or whether the printed publication or public use was by the inventor himself/herself or by someone else. If the inventor describes the invention in a printed publication or uses the invention publicly, or places it on sale, he/she must apply for a patent before one year has gone by, otherwise any right to a patent for an invention will be lost. The inventor must file on the date of public use or disclosure, however, in order to preserve patent rights in many foreign countries.

According to the law, only the inventor may apply for a patent for his or her invention, with certain exceptions. If the inventor is dead, the application may be made by legal representatives, that is, the administrator or executor of the estate. If the inventor is insane, the application for patent for an invention may be made by a guardian. If an inventor refuses to apply for a patent for his or her inventions, or cannot be found, a joint inventor or, if there is no joint inventor available, a person having a proprietary interest in the invention may apply on behalf of the non-signing inventor.

If two or more persons make an invention jointly, they apply for a patent as joint inventors. A person who makes only a financial contribution for the invention is not a joint inventor and cannot be joined in the application as an inventor.

Additional information on how to patent an invention is available at http://www.newideatrade.com.

About The Author Neil Armand Intellectual Property Professional Global Commerce & Communication Telephone: 320-250-0950 Fax: 320-230-1096 Email: globalcomm@astound.net URL: http://www.gcchq.com

Patenting Your Invention - What Every Inventor Needs to Know By Sebastian Valemont

    
      Many patent attorneys will have you rush into a patent before creating a prototype. While patenting your invention is one of the most important aspects of the invention process, you need to slow things down a little bit.

If you jump straight into a patent, you may soon realize that the design or specifications of your patent do not actually work in real life (after prototyping) and you have to file a new patent or change an existing patent for thousands of dollars more. You have to ask yourself: Are some of these patent attorneys really looking out for your best interests?

My advice is to find a reputable product design firm to help you develop a prototype and then go patent something that actually works. This is why prototypes are also called proof of concepts. They prove that the concept actually works in real life.

Half of the clients at the product design and development firm that I work for have come to us with an invention that they have already patented only to find out in the design phases that either 1) It just will not work or 2) The design is not cost effective for mass production. In either case we need to design and develop a more innovative way to do the same thing and once we do that, guess what? Our clients have to pay to revise or file a whole new patent.

Is patenting important? Absolutely. Just make sure to do it AFTER you have proven a concept.

Sebastian Valemont Synthesis Labs, Inc. | Product Design and Development 8941 Atlanta Ave. #259 Huntington Beach, CA 92646 theteam@synthesislabs.com http://www.synthesislabs.com

    

Patenting Your Invention - Ten Common Mistakes to Avoid By George Davison

    
  So, you think you're ready to patent your invention, kick back and watch your millions roll in, right? Who knows, you could become a success, but I've seen a lot of mistakes clog up the process costing inventors valuable time and valuable dollars. At my company we strive to ensure our ideas go as far as we can take them and over the years we've seen several mistakes appear over and over.

Here are ten mistakes to avoid that could prove fatal for new inventors.

1. Patenting too early

If all you have is a loose idea of what you want, then it's probably too early to dish out up to $12,000 in attorney and patent filing fees, not to mention the long term patent upkeep costs that'll weigh you down. So, when is the right time to patent? Well, when you're prepared. I'll tackle that in a minute.

2. Taking your invention to a patent attorney when you're unprepared

This is the biggest one. The key to saving money is preparation. The fewer questions a patent attorney has to ask, the less time you'll be on his clock, shoveling away money you don't have. Always answer their questions before they even ask them. Prevent this up front with detailed engineering drawings, a product sample and an executive summary.

This saves valuable time. A patent draftsman will quickly be able to do his work; as well, the attorney will know what your idea is and how it works. With detailed engineering drawings, showing your work in an exploded view, you'll also be able to show the inner workings of your invention to the patent attorney. Perhaps there is a certain element involved that makes your patent even more specific. This could force competitors wishing to knock off your product to make an inferior product, because they can't get those details (that may have otherwise never been seen if it wasn't for real engineering).

3. Patenting something that can't be made

I know, this one should be obvious, but is it? You may have the best invention in the world, but what's the point if it can't be made. A manufacturer might end up re-engineering the whole project just to put it all together right. Then you'll be left with refiling a new patent to reflect the new product, which brings more money and pain you could have avoided.

4. Patenting something that's not marketable at a price point anyone would pay

Again, knowing how your invention will be manufactured will determine its patentability and its cost for the consumer. If it costs too much to make, then you'll have a tough time finding someone to license and sell it at a profit. This all comes back to real detailed drawings for real manufacturing.

5. Patenting too late

"First you say, 'don't patent too early,' now you're telling me not to patent too late. When am I supposed to get a patent?"

Patenting too late leaves your invention open to becoming public domain. This can happen one year after making a public disclosure. Now, no one wants this. When you invent something, it's your baby. You don’t want it ripped off or stolen and you wouldn't mind getting credit and maybe even making a few dollars. Once it's in the public domain, anyone can use it without your permission.

So, get your ducks in a row. Know what the product is, how it will be made, etc. Once all of that is in line, it'll be much easier to commit to patenting.

6. Patenting without a working prototype

Did you know there was a time in our great country's history when inventors had to take a working prototype to the patent office before they could even consider filing for a patent? Well, today you don't need one, but it'll make your life easier and the process go quicker.

If the patent attorney has any questions left over from the executive summary and the engineering drawings, using the product sample should shut him up and get him to work for you (if the product's design communicates well). Remember, you're on the clock with an attorney and time and money is precious. Get past the early mistakes and get down to the business, so your attorney can help you protect your invention.

7. I have to have a patent

"Wait, so I've read this far and suddenly you're going to tell me I don't need a patent?"

Not exactly. I think it's a good time to remind you that you don't have to have a patent. Well, maybe not right now. Big corporations like Westinghouse and Sony patent just about everything they come up with, because they can. But that doesn't mean you have to. I wonder if there is another device you could use to get some protection at an affordable price… well, what's this at number eight?

8. Ignoring the power of the provisional patent

Filing the provisional patent application may be all you need while you try to license your invention, or attempt to take it to market independently. A common misconception inventors continue to kick around is that corporations looking to license won't license without a patent already in place. Welcome to the era of open innovation.

In the past, many companies wanted to ensure an inventor had a patent for several reasons. First, they want to protect themselves. What if you bring in an idea their R&D division is already working on in secret. Then they turn you down and release their own product on the market. A legal battle may ensue. Second, the corporation just wants to place another barrier between an inventor and their doors.

However, today, more and more companies want innovative products to secure markets and ring in additional profits. They're more likely to look at a creation with a provisional patent.

There are some cautions you should heed with provisional patents. They last only one year unless you file a non-provisional patent within that year. Secondly, your non-provisional patent will only rebate back to the same properties disclosed in the provisional patent. So, if you change the invention too much, the protection won't necessarily rebate back for the year.

9. Filing countless addendums, when you could have had it right the first time

You patented your product. You present it to a corporation. They're interested, but they won't look any further unless you (insert dramatic pause) change your design. Hey, it happens once, twice, or until it's right for them to commit. So, what do you need to do, you need to file addendums or even new patents as you move along. Nip it in the bud before it starts.

Target your market and work hard through the development and building phase to perceive any design or marketability problems. Try as hard as you can to get it right before you patent.

10. "I got a patent, now I'll just wait for my millions"

A patent doesn't guarantee you anything. Someone can protest your patent. Someone can wait until your product sells on shelves and take you to court for a patent conflict. Inventing is a tough world and it takes more than just a patent. It takes a great invention, design and the work to get it licensed and put it on shelves. It takes spirit, heart and confidence.

I hope this list helps you out. At my organization, we believe strongly in a process armed with the value of good design, engineering drawings, clear executive summaries, packaging and, most important, working product samples. These elements speak volumes and make patenting simpler.

For nearly 20 years, George Davison has focused his life on helping inventors, people with ideas and corporations. He is the founder and CEO of George Davison's Inventionland. Learn more about George Davison at his blog.

Checking Credentials Before Hiring Anyone to Help You Patent Your Invention

By: Lisa Parmley

Many businesses make more than a decent living helping inventors just like you make money from their inventions. From filing a patent to licensing and marketing your invention, someone is around every corner offering assistance.

Unfortunately, not all of this help is the kind you want. There are companies out there who make a living off exploiting inventors. It's important not to get caught up in any of these scams. What you need is a professional who has experience and is licensed to help you patent your invention. You really need either a patent attorney or a patent agent.

Both patent agents and attorneys are registered to practice before the U.S. Patent and Trademark Office. No one else is. Please take note of that. No one else may legally help you fill out the paperwork associated with filing for your patent. And you definitely don't want anyone else to help you for this aspect of your invention journey.

Remember, you want someone registered by the USPTO to help you file your patent. Don't even think about speaking to someone else, even if they claim they will outsource the writing of your application to a patent attorney or agent.
The problem is, you need to be in direct communication with the individual helping you to file your patent. Don't let anyone be your middleman. Gaining a patent is not an assembly line process. Your invention has completely different features than anything else out there. So you need to be able to directly communicate the novel features of your invention with the attorney or agent.

While you can work over the phone, it usually makes the most sense to meet face to face with the attorney or agent you choose. Therefore, it is best to find one not too far from where you are located. Although it can be done, a long distance relationship will probably only strain the process.

The best way to select a patent practitioner (patent agent or patent attorney) near you is through word of mouth. You may want to join a local inventors club.
You can also search through the USPTO's list of registered patent practitioners or even just use their database to check your potential patent practitioner's credentials.

An individual listed on the USPTO's site will be registered to practice patent law. They must also meet the ethical requirements and can be disbarred for complaints. Please check that the patent practitioner you are considering is listed on this site before using them.

About the Author

Please visit Patent Law Portal to find a patent attorney or agent near you and begin the process toward protecting your invention.

(ArticlesBase SC #11107)

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