Walls & Ceilings logo
search
cart
facebook twitter linkedin youtube youtube Spotify Podcasts Apple Podcasts Spotify Podcasts Apple Podcasts
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Walls & Ceilings logo
  • NEWS
  • TOPICS
    • Drywall
    • Stucco/EIFS
    • Ceilings
    • Steel Framing
    • Fireproofing
    • Interior Plaster
    • Building Envelope
    • Insulation
    • Technology
    • Interior
    • Exterior
    • Women In Construction
  • COLUMNS
    • Up Front
    • All Things Gypsum
    • Art & Craft of Plastering
    • Stucco Stop
    • Steel Deal
    • Industry Voices
  • PRODUCTS
    • Buzz Guide
  • EVENTS
    • Industry Events
    • Webinars
    • BUILD Expo
  • MEDIA
    • Videos
    • Podcasts
    • Photo Galleries
    • BUILD26 Videos
    • Take our Quiz!
    • Infographics
  • EXCLUSIVE
    • Newsletters
    • Top 50 Contractors
    • Contractor of the Year
    • State of the Industry
    • W&C Store
    • Market Research
    • CEUs
    • Sponsor Insights
    • Custom Content & Marketing Services
  • DIRECTORY
  • EMAGAZINE
    • eMagazine
    • Advertise
    • Archive Issues
  • SIGN UP!

General Patent

By John Conboy
November 21, 2008


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

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

John Conboy is the founder of Strait-Flex International Inc. In 1995, Conboy obtained his first drywall tape patent and started producing and distributing it. He currently holds eight patents on products, tools and accessories in the construction industry.

Recommended Content

JOIN TODAY
To unlock your recommendations.

Already have an account? Sign In

  • Abercrombie & Fitch

    EIFS in 2026: How Specialty Finishes Are Redefining Exterior Wall Systems

    As building codes, owner expectations, and design demands...
    Stucco/EIFS
    By: Regi Mendoza
  • proper air and vapor control

    From Energy Efficiency to Moisture Management: Why Air and Vapor Control Matter

    How proper air and vapor control within building...
    Building Envelope
    By: Benjamin Meyer AIA, LEED AP
  • Linear Metal Ceiling Beam Baffles

    Top 25 Ceiling Contractors of 2026

    Suspended ceilings demand precision, code compliance and...
    Ceilings
    By: John Wyatt and Tanja Kern
You must login or register in order to post a comment.

Report Abusive Comment

Manage My Account
  • eMagazine Subscription
  • Newsletters
  • Online Registration
  • Manage My Preferences
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Walls & Ceilings audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Walls & Ceilings or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • medical professionals moving a patient on a stretcher through the halls of a medical building
    Sponsored byNational Gypsum Company

    What Does High Performance Mean When It Comes To Gypsum Boards?

Popular Stories

Linear Metal Ceiling Beam Baffles

Top 25 Ceiling Contractors of 2026

Wichita Biomedical Campus

Wichita Drywall Worker Dies After Scaffolding Fall

QXO Just Changed the Game-Here's What Contractors Are Asking

QXO Just Changed the Game-Here's What Contractors Are Asking

An interior drywalling work in progress

Boost Profits with AI Scheduling

Events

June 24, 2026

The Bright Side & Benefits of Designing with Integrated Lighting

Credits 1 AIA LU/HSW; 0.1 ICC CEU

This course will explore the pivotal role architects and lighting design play in creating safer, more sustainable spaces. Learn how to avoid common lighting mistakes and make informed decisions that create the best visual environment for occupants. 

January 1, 2030

Webinar Sponsorship Information

For webinar sponsorship information, visit www.bnpevents.com/webinars or email webinars@bnpmedia.com.

See our full library of webinars

View All Submit An Event

Products

2026 National Painting Cost Estimator

2026 National Painting Cost Estimator

See More Products

Related Articles

  • vector logo

    U.S. Patent Office Grants Estimating Edge Patent for VECTOR Product

    See More
  • NewBrick

    Dryvit Secures U.S. Patent on its NewBrick Technology

    See More
  • Columbus McKinnon Slotted Hook Latch

    Columbus McKinnon Awarded Patent for Slotted Hook Latch Designed to Improve Lifting Safety

    See More

Related Products

See More Products
  • bni book

    BNi General Construction Costbook 2026 Edition

See More Products
×

Connect with the industry’s leading resource for unparalleled insights and education.

Join thousands of industry professionals today. Shouldn’t you know what they know?

JOIN NOW
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • YouTube
    • X
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing