I will try to illustrate the inventing-patenting
process from my point of view based on my personal
experience. Disclaimer: This is not legal
advice of any sort.
I am an inventor not a lawyer.
It is very important that you educate yourself
about the entire inventing process, read books,
network with other inventors and stay informed.
Watch out for invention promote.phprs and specially
for those that advertise on TV - 99% of them are
fraudulent.
For more free help subscribe to our InventNET
Forum (The Inventors Meeting Place) a email-based
discussion group where inventors get qualified
answers to their inventing/patenting related questions.
Such subjects as developing an idea, getting a
patent, selling or licensing an invention and
the problems encountered in the process are likely
to be discussed.
Don't forget to check the General
Patenting Information list from PTO. It has
all subjects linked to the U.S. PTO, for a more
accurate answer.
If you have an idea that you think is original
and has a huge market potential follow this simple
steps:
- Get paper and pencil and write everything
down, make sketches, calculations, everything
necessary to convince you that the invention works.
- Next explore the market place for similar
products. If is a consumer product that will
be sold in stores, go to these stores and look
for similar products talk to store managers,
for an industrial product search through The
Thomas Register or Harris
InfoSource and find manufacturers or distributors
of that product, contact them and ask for product
specifications and price. You may also go to
them and get their input about the real needs
or performance your product must address.
- Compare your invention with what you find
out there, in terms of novelty, usefulness, productivity,
market appeal, price, ease of manufacturing, etc.
Find out if there is a real need for your invention
and that your invention is fulfilling this need
complete. Go out and talk to the future users
of your invention and find out their opinion about
the need and what they want to see in a new product.
- If your invention is better than the products
you found on the market and has a good market
potential, you would want to patent it. If your
invention doesn't have any or limited commercial
potential drop it. Remember that marketing the
new product will take 90% of your resources.
*** Only 2% of all patented inventions reach
the market, because the inventors don't rigorously
evaluate their invention before spending money
on patenting and product development.***
A patent search is the first step in obtaining
a patent. The patent attorney bases his patentability
opinion on the patent search. If someone else
has patented an invention that is similar to yours
or, as the patent examiners say, anticipates your
invention, then you are not entitled to patent
protection.
Before spending your money, make sure that
your invention is novel by doing a preliminary
search on the Internet or at a library. To
do your own preliminary patent search you
need to find the proper Classification for
your invention. Preliminary search can be
done free on the Internet at US
PTO website. You may also consider the
Patent
& Trademark Depository Libraries situated
in all major US cities. Just check the list
and get a location near you. At PTDL you will
do a more accurate search, but it will take
a lot of time. The librarian will help you
with the searching steps. You may find a previous
patent showing a similar (if not exact) invention.
For more information on patent search read this
Patent Search
Tutorial task
It is important to have a professional patent
search and patentability opinion done to make
sure that you don't spend thousands of dollars
on the patent application preparation and fees
only to be later rejected by the Patent Office.
A professional patent search is about $250-$800
including the patentability opinion. Our members
and visitors can get a patent search for only
$240. The search is conducted by PSI at the USPTO
search room.
- To patent an invention it takes besides technical
knowledge two things - time and money.
The PTO fees are about $350 for the application
and $650 for issuing the patent . And it takes
anywhere from 12 months to 2 years to get a patent.
- If you have the necessary funds, go to a registered
patent attorney or patent agents and make a deal.
They charge around $2,500-$6,000 depending on
the amount of work.
Find a patent attorney or patent agent that don't
charge for the initial visit and will charge you
a flat fee to do the work. Use only PTO registered
patent attorneys or patent agents and ask them
about their expertise, it may be in chemical,
mechanical or electronics field etc. No patent
attorney or agent is specialized in all fields.
Build and test a small-scale prototype as soon
as possible. It will prove to you and later to
others that it works. Keep clear and complete
records of your invention.
- If you don't have enough money for a patent
attorney or patent agent, but enough to cover
the fees, patent it yourself. To patent your invention
yourself is not impossible, but is not easy.
You have to spend a lot of time studying the process
of patent application drafting, technical drawing
and claim writing.
* NEW! You can file your Patent Application
on line... details
here. *
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