What is a Patent?
A patent is a right, granted by the United States to an inventor, to exclude others from making, using, selling or importing an invention throughout the United States without the inventor's consent. The inventor may license or sell the rights defined by the Claims of the patent. There are currently over 6 million United States patents issued to inventors. Without a patent, anyone can make and sell your invention without your permission and without paying you. There are two types of patents issued by the United States Patent & Trademark Office (USPTO) - utility and design.
A utility patent protects the purpose of an invention. Utility patents are established for any new, useful and non-obvious process, machine, manufactured article, composition of matter, or any new and useful improvements to any of these types of inventions. The tenure of a utility patent is 20 years from the date of filing. Utility patents are typically more desirable than design patents.
A design patent protects the overall look of an invention and is granted for any new, original and ornamental design for an article of manufacture. The term of a design patent is 14 years from the date of issuance. A design patent should only be selected if the look of the invention is important, otherwise utility patent protection should be sought.
Why should I patent?
Prior to seeking patent protection, you should first establish whether your invention is marketable. If your invention is not marketable you do not need patent protection. When determining whether your invention is marketable, you should determine if another company would be able to profit from your invention not only today, but also in the future. If so, patent protection should be sought after so that the company would have to license the invention from you.
What is not patentable?
An inventor cannot obtain a patent for perpetual motion devices, abstract ideas, laws of nature, or naturally occurring substances. An inventor cannot receive a United States patent for an invention publicly disclosed more than 12 months ago.
Public disclosure includes any sale, exhibit at trade show, or printed in a publication, with a few exceptions. You should seek a Patent Attorney's advice if you have any questions whether your invention is patentable. It should also be noted that you do not need a prototype when looking for patent protection - you only need to be able to illustrate the invention in sufficient detail so that one skilled in the art could create your invention.
What are the Benefits of Patenting?
Patenting your invention allows you to stop others from making, using or selling your invention throughout the United States without your permission. A patent is also one of the few assets that can increase in value over time. A patent also increases the worth of your business because it is considered a valuable asset by banks and potential purchasers of your business.
There are many ways to financially benefit from a patent. Your patent may be sold entirely to another for monetary compensation. You may also license your patent to one or more parties for a percentage of the sale price. You may also be the exclusive manufacturer of your invention. Whether you are a business or an independent inventor, a patent is a valuable asset and is needed to protect you from dishonest individuals who could benefit from your hard work.
How important is detailed record keeping?
Next to the filing of a patent application, detailed record keeping is the most significant thing an inventor can do to protect their invention. Proper record keeping is important because it can be used as evidence of the date of invention.
All inventors should keep a bound notebook for recording their inventions. It is also essential to line through any blank portion of the pages of the bound notebook which are not written upon. The notebook should be kept in a secure location when not in use. Entries should contain a clear and complete clarification of the manner and process of making and using the invention in adequate detail to enable another person having common knowledge in the field of the invention to make and use the invention. All computations, sketches, diagrams and test results should be entered into the notebook. Notebook entries should also explain all testing performed, the exacting type of equipment used, and the outcome of the testing. All persons involved in the work, and their exact role, should also be recognized in the notebook entries.
Every entry in the notebook should be signed and dated by all participants, indicating the particular project with which the entry is connected and the entry should be signed and dated by an unbiased witness or Notary Public.
What is the first step for a patent search?
The first step in the patenting process is typically to have a patentability search completed to conclude the patentability of your invention. Before you invest time and money into patenting your idea, it's important that you recognize any existing patents that are related to yours. You need to identify any relevant patents, both approved and pending approval with the U.S. Patent and Trademark Office. Listing relevant "prior patents" is required to complete your utility patent application.
A patent cannot be obtained upon a simple idea or proposal. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.
How much does a patent cost?
The cost of patenting will vary depending on the type of patent application you submit. Fees may also vary according to the way you claim your ideas.
The most common kind of patent filed for is a non-provisional utility patent. There are three basic fees for utility patents filed for in the United States:
- The filing fee, which is non-refundable whether or not a patent is granted. (This is the cost to have your invention "examined" by the US Patent and Trademark Office - remember, you may or may not get a patent!)
- The issue fee (you pay this only if your application is allowed)
- Maintenance fees (paid at 3 1/2, 7 1/2, and 11 1/2 years after your patent is granted - these fees "maintain" your legal protection).
- Additional fees may be required.
The amount of fees can be found at the United States Patent and Trademark Office website: http://www.uspto.gov/web/offices/ac/qs/ope/fee2007february01.htm
The fees listed are only intended to give you a ballpark estimate. They cannot reflect all the possible variations in filing and patenting. They do not include the cost of an attorney or patent agent.
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