General Patent
by John Conboy
November 21, 2008
From concept to reality: How to bring your idea to the patent stage.
Like
many other people, you’ve probably seen an infomercial and thought, “Why didn’t
I think of that?” or maybe you have an idea right now that you think might be
feasible. The problem is you may not know how to take that next step, who to
call or how to start the patent application process. Before you share your
great idea with anyone, you should invest in an hour meeting with a patent
lawyer.
This first discussion will help you overcome your fear of telling others about
your idea. Many people with great ideas stop because they’re unsure of who they
can and should tell about their idea. Some are afraid of getting their idea
stolen; others just aren’t sure where to turn. By taking a little time and
money to meet with a patent attorney, you’re taking the first step in
protecting your idea.
ANALYZE THIS
Next decide if your idea is viable. Pursuing a patent and creating a new
product is a considerable investment of both time and money. To ensure that
your investment is a good one, analyze your idea and the marketplace before
applying for a patent, because the patent process is also time consuming.
Having a viable product or idea will make your journey through new product
development, the patent process, marketing and sales simpler. Ask yourself a
few key questions: Who would be the consumers for this product? What industries
are those consumers members of?
A viable idea is also an idea that is conceivable to produce. Take into
consideration the possible tools, materials and machinery that might be
required to produce the product. Nothing is impossible but sometimes after
careful deliberation, you might find that another material or strategy is more
cost and time efficient in pursuing your product.
Once you’ve concluded that your idea is viable to create, produce, market and
sell, it’s time to start the patent application process. A granted patent gives
the patent holder exclusive rights for a period of time to pursue the patented
idea. In theory, holding a patent does not give the holder the right to pursue
or use the idea or invention but actually excludes others from using the same
idea.
A HARD CASE
In most cases a patent must meet certain requirements. Generally, these
requirements include proof that the patent is new, innovative, and useful.
Because the patent application process is so complex, the best way to apply for
a patent is by using a lawyer who has experience with patents.
While choosing a lawyer should be based on your own research, once you have
picked one make sure you are getting the most for your money. Your lawyer
should be responsible for writing the patent, doing patent research and letting
you know if your invention is patentable. A quality lawyer committed to helping
you succeed will provide you with more information on other patents like yours
and how to best protect your ideas.
When you meet with a lawyer and discuss your idea, this person will begin all
the necessary research and paperwork to pursue your patents. This could involve
revisions to your patent to better cover your invention, or clarifications
regarding the product. Most patent law is common sense but your lawyer will
help you decipher differences between your idea and similar patents.
Within the patent application is a claims section that defines the scope of
protection your idea is allowed. In most instances, there should be at least
one distinct difference between your patent and existing ones. The patent
application further outlines details about the background of the invention, an
outline, a detailed description, and drawings of the invention. The differences
can include other specifics to aid in the defense of your patent should it ever
be violated. Specifics can include but are not limited to materials used,
construction of the product or application of the product.
THE REAL AND ABSTRACT
In addition you will also be required to submit an abstract summary of your
idea and title. After your patent application is filed, it cannot be modified
so it is important to take your time and complete the application correctly.
Once granted, you have the right to exclude others from making, using, selling,
offering for sale or importing into the U.S. the invention specifically
outlined in your claims. This prevents others from pursuing production or sales
of the product. You as the patent holder now have the right to sell, license or
transfer your patent at your discretion.
Now that your patent application is approved, you can then pursue the
manufacturing, testing and marketing process. Holding the patent excludes
others from pursuing the same idea or product as outlined in your application.
At this time, you should feel comfortable sharing your idea with potential
investors, manufacturers and others you trust in the
industry.
With your patent in place, you are required to act on your patent within a
certain period of time, as your patent is protected for up to 20 years. After
that time someone else can pursue your idea or something similar. Begin by
building and testing a prototype of your product, making adjustments to enhance
your product’s function and delivery. You need to develop your product and
prototype as far as possible, working out any possible problems along the way,
before manufacturers, retailers or major companies will be willing to review
it. You might also want to consider registering a trademark for possible names
for your product.
By pursuing the patent process diligently, you ensure that your product is
protected while you work on research and development, manufacturing and
distributing. A viable product idea is always the first step toward seeing your
product in the hands of workers in the field and on the shelves of your local
distributor or retailer. W&C
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