Do You Have a Great Idea or Invention? Do You Need a Patent?

A patent is a legal document that protects the ownership of inventions, and prohibits other people from stealing it.

The document covers the majority of the invention such as how it looks, how it works and what materials it is made of. Obtaining a patent is very important if you want to prevent other people creating your invention without your permission.

How to qualify for a patent

To make a patent application your invention must meet strict criteria that will be robustly checked before any rights are granted.

Below are some of the rules your invention must adhere to.

Your invention must be unique and new. Modifying a pre existing product will not suffice.

You must be able to utilise the invention within an industry. Presenting the products uses within the application is required.

You cannot apply for rights for mathematical or scientific discoveries, theories, mental acts, a way of doing business, a way of performing, an animal, a plant and even some computer games.

Where to get help with your application

The list of do's and don'ts goes on. To be sure you have a valid claim for a patent, you could consider using patent application drafting services.

Employing the services of professionals will enable you to get drafted patent specifications done in a professional manner that will boost your confidence and ability to present your invention to potential investors. You may be a great inventor but does your paper work do your work justice? We have all watched episodes of dragons den, when we really feel for the candidates who have great products but they lack the knowledge of their industry or even their figures. By getting someone to help you, your focus can be on the invention without the stress of the paper work.

How to apply for a patent?

A patent application is very detailed and consists of several parts that must be filled in accurately.

Abstract

This is a short summary of the product, this is typically found at the front of a published document. This of this section as your unique selling point.

Description

An overall description of your invention. The description should include all the functions of the invention.

Claims

The claims section is the post vital part of the application. Your patentability will be decided from this section and therefore time should be committed to ensuring it is accurate.

Drawings

Simple 2d, black and white line based drawings of your product should be submitted for reference purposes only.

These drawings on your patent application will not dictate your actual design.

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Infringement Lawsuits and Role of a Patent Infringement Attorney

The term patent infringement refers to illegal use of a legally protected invention. Patent infringement is broadly classified into two types; direct infringement and indirect infringement. Infringement of an already existing invention or which performs the same functions of the patented invention comes under direct infringement. Indirect infringement is again divided into two categories; induced and contributory. Any action which enables the third person to directly infringe the patented invention comes under induced category. It includes, selling parts which can be used only for a patented invention or selling an invention with directions to use a patented process etc. Selling the components which were specifically manufactured for the patented invention comes under contributory infringement. In general, this type of infringement is found to be more serious than the former because the intention behind it is to take the undue advantage of the invention and to incur loses to the patent holder.

In general, infringement lawsuits are very costly and the fine may typically range from $ 1 million or more. There are situations in which a small infringement cost $2 - $5 million for a company. So irrespective of big or small, it may put a company out of business leading to bankruptcy. In case, if you lose a lawsuit, you are not only supposed to pay for the damages, but also for their attorney fee. So, instead of facing infringement issues later on, it is better to take preventive measures like hiring an attorney for patent infringement issues and doing research about similar inventions might prove to be very useful.

Apart from fine, these cases take long time and though the infringer hires a good attorney, who does most of the work, 10-20% of work has to be done by the infringer himself, which could otherwise be used for his business development. So, by all means, it is better to appoint an attorney for patent infringement issues during or after the development of the product and before marketing to avoid any hassles later on. While hiring an attorney, one should definitely look into his professional experience and his success rate. It is better to hire a lawyer who has a lot of experience in dealing infringement cases specifically. An experienced attorney will definitely know all the options and loopholes to get the desired outcome.

Similarly, the patent holder also needs to hire an attorney, as it is his right to prevent others from taking undue advantage of his invention. Since the infringer definitely search for the loopholes for proving the accusation to be false, by hiring an attorney, the patentee can be sure that the infringer pays for all the losses incurred by him. However, to win the case the patent holder must have a proof that infringer had been informed regarding the infringement. For this, the patent owner has to send notice either by filing an action or by sending him a letter or by marking the infringing product. Even if the infringer continues to take undue advantage of his invention, the patentee can file case against him in the Federal court to protect his right.

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Instructions for Hiring a Patent Attorney

When you invented something and you want to protect it, you need to hire a patent attorney. It is a good idea to hire an attorney for dealing with all the trademark issues. Trademark law is one of the specialized fields, where the attorney is qualified in special intellectual property matters.

Well, if you want to hire an attorney, you need to follow a few things which are described below. Initially, you must ask for referrals. You can ask your friends, colleagues, family members and neighbours about the patent attorney or if they hired any attorney for dealing with the trademark issues. If you have any referral, check out their credentials and hire them, if you are satisfied. Your colleagues can guide you on how to deal with the attorney. You will also get to know about the fee structure and mode of payment. You can talk to any general attorney and ask him to refer a patent attorney. In general, attorneys have good contacts with each other, so he would refer a competent patent attorney.

The next step is to call the state bar association. From there, you can ask for the list of attorneys certified by the state patent organization. You need to make sure that the attorney you are going to hire has never been involved in unethical and illegal activities and no case has been filed against him. There on, you need to conduct a thorough research in finding the best attorney, if you do not find any referral. You can look up through newspapers and online websites. Online websites would be the best source to find attorney, as you just have to make a few clicks and go through different websites.

You need to interview the attorneys whom you have selected through online or whose names are given to you by state bar association. You should conduct a personal interview with them and then make the final decision. You need to inquire whether he has dealt with a similar type of case before. You should also ask if he has any engineering background and in which subjects he has completed graduation.

You have to inquire about his certification, experience, types of inventions they have dealt with and any other expertise. Don't forget to judge the interpersonal skills. You can even ask if he can put you in contact with his previous clients. It would be advantageous for you to know the level of quality served by the patent attorney. You can ask several other queries about the cases he dealt with. You can talk to his previous clients and gain information.

The next step is to inquire about the costs involved. You should ask the attorney about his fee structure, mode of payment and any other expenses, you might be charged. You can ask him for the estimate of the entire expenses and the whole bill. You can even ask him to tell you the mode of payment; whether you will be allowed to pay in instalments or you have to pay at once. You need to trust your patent attorney and he should make sure that he is up to your expectations. Choose the attorney with whom you feel comfortable to discuss all the matters honestly.

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The Patent Application And How To Avoid Mistakes

There were 520,277 patents filed in 2010 by experienced inventors and talented amateurs alike. Many individuals who poured much time and vitality as well as money into designing and creating a product but now take the following step to learn the way to patent an idea. Take some time and study the process intimately from the US Patent office website. Skilled inventors normally take the time to study all available data that is required to protect an idea. Many inventors actually examine the process of how to patent an idea early in the game to avoid potential disasters.

The "ins and out" of the application

Some of the foremost components of a patent application are the title, technical disclosure, abstract, declaration, and the background. It's important that whoever writes the application have an intensive understanding of the law especially if the invention or idea is in a highly competitive field with many regulations on the particular industry. It isn't sufficient to know your idea and the industry from the inside out. You might also wish to shield your property with legal assistance when presenting your application to the U.S. Patent Office. You must study the application process inside and out.

The patent lawyer and the thorough search

Patent legal lawyers or patent brokers have years of expertise on this arena. She or he is an attorney focused on patent regulation with full qualifications to follow legal representation before the United States Patent and Trademark office. Most of these specialized lawyers may have technical backgrounds; usually in physics, biology, engineering or chemistry. A patent agent isn't a lawyer however he or she has handled patent cases before the USPTO and has passed the patent bar exam. They also tend possess a technical background with at the least an undergraduate degree. A lawyer and an agent both are qualified to represent you before the US Patent Office in a dispute or with a particular demand.

No search, however thorough, is foolproof. There's always a risk that pertinent patents aren't uncovered. You have to balance financial constraints against the thoroughness of the search. Generally, the search must be extensive to be of value but more work is involved. The cost will likely go up as patents that are more similar are recognized, studied and discounted from your search. Some ideas or inventions are simple while others are more complex.

The US Patent and Trademark Office can help

A lot of companies pay $500 minimum and upwards of $2,000 or more to commission an expert search of U.S. Patent and Trademark Office (USPTO) records, to ascertain if anybody has patented an identical idea. The records are available for you to conduct your own search. It may seem complex when someone is doing it for the first time.

After you've spent some time studying how to patent your invention, go ahead and take the next step. Get all your paperwork together and fill out the application with the USPTO. Make sure that you could have completely exhausted your patent search and filled out your documentation properly.

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Getting A Patent For Your Neat Idea

There are all sorts of problems in our everyday lives that need solving by creative thinkers. If you have a cool idea that can make someone's life a little better, that could be worth pursuing. I'm sure you probably already know that in order to take your idea from just a thought to a marketable product, you've got to secure a U.S. patent. But, exactly how does a creative thinker like you go about getting a patent?

Well, first of all you need to familiarize yourself with how the patent process works. The United States Patent and Trademark Office (USPTO) administers patents to inventors who can prove they've got a novel idea that no one else has done before. While many people say that there's really nothing new under the sun, in fact, in 2009 there were over 400,000 U.S. patents filed. So, you can see that other inventors are more than willing to keep solving the world's problems with original ideas.

When you're just beginning the patent process, the first thing you want to do is make sure that you document your entire idea on paper. This includes documenting every little feature about how your invention is designed and how it will work. The more details you record, the more unique the idea becomes. You see, while there may be another product that is similar, it cannot be exactly like yours. Your invention must be the only one of it's kind in order to qualify for patent protection.

Another thing you'll have to do is to search for patents that are already on file that may be similar or exactly the same as your idea. If someone else has already thought it up and filed for the patent, you're out of luck. Let's pretend that you are sitting on an idea for a really cool portable music player that can store digital music and it can also store a bunch of photos and other cool stuff. It's got a really sleek design and comes with detachable earplugs. Hmmm. That sounds an awful lot like an iPod, and you're right. You cannot file a patent for a portable music player that looks and functions exactly like what's already on the market.

However, if you came up with an mp3 player that could bounce like a ball and glows in the dark, now that would be something you could patent as unique. Anyway, you need to do a thorough patent search to ensure that your idea hasn't already been claimed by someone else. You can do this yourself, or pay a professional to conduct the search for you.

Once you've established that nobody else has thought of your bouncing music player, you want to spend some money on getting a prototype made. A prototype is a demo version of your product that allows you to see how it works in real life. Unless you find an investor, the money for this will have to come out of your own pocket.

Now it's time to go to the USPTO and file an application for a provisional patent. This is not the final patent, but a preliminary one that allows you to keep working on marketing your invention while giving you full legal protection. For instance, there's a company interested in marketing the bouncing music player, but they want you to make a few tweaks. Make the tweaks and then apply for the final patent. You are then ready to license it to the highest bidder and make good money.

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When To Use Secrecy Instead of a Patent to Protect an Invention

When an inventor has created an innovation, she traditionally patents the idea. Patenting allows her to prevent others from copying her idea for the life of the patent. It also prevents a later inventor who conceives of the idea independently from subsequently patenting the same idea and then preventing the original inventor from using her own invention.

However, there is another option for protecting an invention without filing for a patent, the option of secrecy. Using secrecy to protect an invention, the inventor simply does not disclose the details of the invention by filing a patent application or through publication or other public disclosure.

Secrecy is an effective protection when the important invention cannot be readily discovered. For example, chemical processes are often difficult to discover even if one knows the composition of the final product. The formulas and processes may be difficult to determine, even after expensive experimentation. Similarly, software inventions cannot be reverse engineered if they are kept securely protected on the inventor's own servers.

If another inventor later independently creates and patents the same invention, the original inventor has a defense against a charge of patent infringement because of her prior commercial use of the invention. This defense is available if the original inventor used the invention commercially a least one year before the subsequent inventor either filed the patent application or publicly disclosed the invention prior to patenting the invention. However, if the use was less than a year before the subsequent inventor filed the patent application, then the original inventor has no prior commercial use defense.

Protecting an invention by keeping it secret is probably a risky strategy if one's competitors are pursuing a similar product development strategy. They may develop the same invention and file for protection before a full year of commercial use has established the prior commercial use defense. And they are likely to try if one's own product using the invention is successful. However for inventions that are difficult to discover and that one believes competitors will not discover independently soon, secrecy is an excellent option.

An inventor choosing secrecy should treat the invention as a trade secret, limiting the internal dissemination of information about the invention and marking the information as secret or confidential. The inventor should also rigorously document the earliest date of commercial use.

The biggest advantage of secrecy is that it never expires. However, valuable secrets are often discovered independently and surprisingly quickly by competitors, or they are leaked or stolen. Competitive advantages do not usually go unnoticed and un-duplicated for long.

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