Is It An Invention? First things first. You can not patent an idea just because you believe you are the first person to come up with it. A patent is there to protect an ‘invention’, not simply a concept. When you apply for a patent what you’re doing is specifying, through text and drawings, the way your invention works. In exchange for this public release of How To Patent An Idea, if it really is new the state will grant you exclusive rights to it for 25 years. Therefore so that you can patent your idea, its core concept has to be explainable in basic and direct terms.
Another reason you can’t just patent an understanding is that it must involve a novel and inventive step. The novel bit is easy but a common misconception is that many individuals think they are able to make application for a patent since they are the initial person to create the idea. However, when you sit down for your first meeting using a patent attorney one of the primary things they will want to establish is whether your invention is really an invention. It really is important to understand this, so that you will don’t spend your time looking at patenting something which is actually not patentable. A simple explanation of this ‘obviousness’ test is as follows: Would a hypothetical skilled person, who knows everything but does not have the slightest spark of inventive ingenuity, develop the identical idea if they knew all the prior art (all previous ideas), but had not read your patent application? If the correct answer is yes then your idea is not an invention, its simply the logical implementation of current day knowledge to a new problem and therefore you can’t patent it.
This is a good description in additional legal regards to the EU approach to judging inventiveness (the united kingdom is slightly different): Is there any teaching inside the prior art, overall, that would, not merely could, have prompted the skilled person, up against the goal technical problem formulated when it comes to the technical features not disclosed from the closest prior art, to change or adapt said closest prior art while taking account of that teaching [the teaching in the prior art, not just the teaching from the closest prior art], thereby arriving at something falling inside the regards to the claims, and so achieving exactly what the invention achieves? It’s the “would, not simply could” which is the very important definition here.
The United States is a bit different to Europe and this inventiveness step is regularly improperly tested or applied, resulting in several patents being granted in the united states which are actually very obvious logical application of existing ideas. Most companies have spent huge sums of money seeking to overturn such patents but although a granted US patent may be overturned its is extremely rare that certain is. In several ways the usa patent method is more similar to what many people assume about patents over here, should your the very first person develop an idea then you can certainly patent it. The obvious negative thing is that numerous bad patents happen to be unfairly granted and also have unfairly blocked many more from being able to produce products that should never have already been protected by patents to begin with.
Commercial Value – If you’ve reached here then hopefully you have How To Get A Prototype Made With Inventhelp that could be patentable. The following tests tend to be completely overlooked on the outset but are also vital. The foremost and most important is exactly what will a successful granting of any patent do for you personally? Patents cost money. Sure you can search and file yourself however its incredibly time consuming and just like all things legal attracting a specialist, in the form of a patent attorney, is normally a better route. Undertaking the searches and filing your patent application with an attorney will cost a few thousand pounds. You then have a relatively short time before you must decide if you are intending to submit the patent in other countries all over the world, which costs more money and should you be filing in lots of countries the translations may become very costly. Once you’ve got your patent afterwards you have ongoing costs every year to patent offices to maintain the patent active. So anything your looking to patent has to be worth this coming from a commercial business perspective (should you be put off by the idea of needing to spend several thousand pounds with a patent attorney is the thing that your doing really worth patenting at all?).
Many individuals and firms file for patents to get the IP, to enable them to then attract investors to assist them to get their invention forward. If you’ve watched a couple of episodes of Dragon’s Den on the TV then it must have become very obvious that investors do not take wild risks and if you would like someone to invest in your organization or idea they need to feel secure by doing this. In case you have a patent for a great idea that may be commercialised it can often provide exactly this protection to have an investor so you happen to be stage closer to getting these to part with that very important cash (you’ll probably have likewise observed that although investors are often not very nice people they have an inclination to only want to do business with nice people!).
Another misconception is the fact when you have a patent no-one else can copy your idea. Well although legally they can’t, the State won’t actually stop them. If a person infringes on your patent it really is as a result of one to stop them, typically by spending large sums of income with lawyers and using the courts. In the event the infringer is really a large company, or several companies infringe your patent you need to be in a position to fund the legal action. In case your invention is commercial enough then these legal steps will not be a difficulty as you’ll get the money, win the truth and in the end get a lot of it back. However, if your fighting a huge company which has many money to string from the legal action for a long period could it be actually worthwhile? Will be the idea your trying to patent commercial enough to justify all this.
There are numerous smaller companies on the market that view patenting as a complete waste of money and time and choose to direct their resources, attention and cash at being the first one to market and first to innovate. In the event you be one of them as opposed to spending what is lots of your money and time protecting your idea?
You may be looking to patent your invention to then license it to a different company to produce. For 12 months from filing your patent you may have international patent protection and you want to utilize the first 10 months of the to make certain your idea can be commercialised before being forced to choose which other countries also to apply in and giving your attorney monthly or two to handle the necessary work. You have to move bloody fast! Should you be approaching big companies they will likely often take several months to get back to you before you even show them the invention and start negotiations. Should your doing this 6 – 8 months in its too far gone since they know you might have no time and will often play for time and energy to force you into a bad business position, or simply with the hope you wont complete the patent if the 12 months is up. Whilst you can’t tell anyone about your invention before you file you patent application you will get round this by asking companies (including us) to sign non disclosure agreements and start work on the growth and development of your products or services ahead of time so that you hit the floor running the second the application form is filed.
If the above hasn’t place you off then perhaps you do have that elusive brilliant idea. Book an appointment using a patent attorney (anything good attorney should offer you a first appointment for free) and get cracking! For additional information there are many great web resources on filing for patents which we won’t try and re-create here.
Several patent help tips – When researching an invention you’ll often must read through existing patent applications to make certain your idea is completely new. Patents can be many pages long and horribly worded, but generally its only the first primary claim in a patent which is essential. The rest will simply be lesser claims the patent can fall returning to if the higher claims be overturned or rejected by the patent examiner.
Where there could be ambiguity in a claim the patent description is able influence the claims and may therefore have been deliberately written as such, so look through the description to see if it tries to provide this.
Patent claims are not exclusive. Just because a claim describes one way of doing something doesn’t imply that it couldn’t be performed differently.
Patents add a detailed description which is generally intended to offer an explanation / instructions of how the invention could be utilised. Bear in mind that this only must cover one specific utilisation of the invention and doesn’t exclude the claims being utilized in other ways.
Claims generally relate with an Apparatus (equipment designed or assembled for a particular purpose) or even a Method (an easy method of performing something), and often patents include both with the intention that the method claims could be fallen back on should the apparatus claims be rejected.
Interestingly among the aims of patents is always to promote Invent Help Inventor. Whilst blocking other businesses from copying ideas might seem to perform the actual opposite, natural reaction when faced with a patent it to try to work around it. We’ve worked with several companies and done exactly this, having been briefed using a product they wish to produce as well as the existing patent seeming to block it. There is typically a means round a patent however the aim is to try and get it done in a manner in which leaves you using a commercial product which still serves its purpose within an affordable way (great patents block this by protecting against each of the economical methods for achieving the same thing).
Filing a patent application doesn’t suggest that any searching will likely be done. All of that happens is definitely the application is filed and due to the once over. It will then be examined in detail with a patent examiner but even when the patent is awarded it can be overturned whenever you want if prior art could be proved. If you want your application to possess a level of commercial value (if your performing it for IP purposes) you have to also do a search. However even then keep in mind searches usually are not necessarily as skilled as you may expect and patent office searches will not necessarily search anything apart from previous published patent applications and filings. Should you be just filing in the united kingdom then a UK patent office search will obviously be the ideal route, but if you plan to file internationally be aware that searches performed for EU or international applications will often be considerably more detailed and thorough. This is because you will find far more EU patent examiners and also this has a tendency to imply that individual examiners are able to be considerably more knowledgeable within their specialised areas. You can elbgql for alternative party searches but whilst these are generally often very costly (£1000 and upwards) they are certainly not necessarily superior to the search the UK patent office provides until you spend a lot of money (the price of the UK search is subsidised). The thing to always remember about searches is that its very difficult to quantify a search result. Simply because searching didn’t find prior art doesn’t imply that a different search won’t.
There is no point giving the patent attorney too much information. They should write the patent using their knowledge and experience, not from the bad attempt. Here’s what needs to be ideally provided:-
* Drawings and descriptions in the drawings to obtain the idea across.
* The benefits of the invention.
* Modifications that are easy to the invention.
* Crucial points and optional points.
* Don’t include plenty of existing patents – they’ll only have to read them and that will therefore cost more. One or two may be helpful though.