Is It An Invention? First things first. You can not patent an idea simply because you feel you are the first person to come up with it. A patent is there to protect an ‘invention’, not simply an understanding. 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 Do You Patent An Idea With Inventhelp, 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 needs to be explainable in simple and direct terms.
Another reason you can’t just patent a concept is that it must involve a novel and inventive step. The novel bit is easy but a standard misconception is the fact lots of people think they are able to obtain a patent because they are the very first person to come up with the idea. However when you take a seat for your first meeting having a patent attorney one of the first things they may wish to establish is if your invention is really an invention. It really is vital that you understand this, so you don’t spend time looking into patenting something that is just not patentable. A very simple explanation of the ‘obviousness’ test is just as follows: Would a hypothetical skilled person, that knows everything but does not have the slightest spark of inventive ingenuity, think of the identical idea when they knew all of the prior art (all previous ideas), but had not read your patent application? If the correct answer is yes in that case your idea is not really an invention, its simply the logical implementation of current day knowledge to an alternative problem and therefore you can’t patent it.
This is a good description in more legal relation to the EU method of judging inventiveness (the UK is slightly different): Can there be any teaching in the prior art, in general, that would, not merely could, have prompted the skilled person, faced with the goal technical problem formulated when contemplating the technical features not disclosed from the closest prior art, to change or adapt said closest prior art while taking account of this teaching [the teaching of the prior art, not simply the teaching in the closest prior art], thereby arriving at something falling in the relation to the claims, and so achieving exactly what the invention achieves? It’s the “would, not simply could” which is the important definition here.
The Usa is a bit different to Europe and this inventiveness step is regularly not properly tested or applied, resulting in many patents being granted in the united states that are actually very obvious logical implementation of existing ideas. Most companies have spent huge sums of money attempting to overturn such patents but although a granted US patent can be overturned its is very rare that a person is. In lots of ways the usa patent product is more akin to what lots of people assume about patents right here, if your the very first person think of an idea then you could patent it. The most obvious downside is that numerous bad patents have been unfairly granted and also have unfairly blocked numerous others from having the ability to produce products that must not have been protected by patents to start with.
Commercial Value – If you’ve reached here then hopefully you have Free Invention Help which may be patentable. The following tests tend to be completely overlooked at the outset but they are also really important. The first and most important is the thing that will a successful granting of the patent do for you personally? Patents cost money. Sure you can search and file yourself nonetheless its incredibly time intensive and just like all things legal attracting a specialist, as a patent attorney, is normally a far greater route. Carrying out the searches and filing your patent application with an attorney will surely cost a couple of thousand pounds. Afterwards you have a relatively short time period before you must decide if you are planning to submit the patent in other countries all over the world, which costs more money and if you are filing in plenty 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 help keep the patent active. So whatever it is your looking to patent has got to be worth this coming from a commercial business perspective (if you are put off by the very thought of being forced to spend several thousand pounds using a patent attorney is what your doing really worth patenting at all?).
Many individuals and corporations apply for patents to get the IP, in order to then attract investors to assist them place 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 usually do not take wild risks and if you would like someone to invest in your company or idea they have to feel secure by doing this. In case you have a patent for recommended which can be commercialised it is going to often provide exactly this protection for the investor so you are a stage even closer to getting them to part with that important cash (you’ll probably have also noticed that although investors are sometimes not very nice people they have an inclination to only desire to work 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 someone infringes on your patent it really is right down to one to stop them, typically by spending large sums of money with lawyers and using the courts. If the infringer is really a large company, or several companies infringe your patent you have to be in a position to fund the legal action. If your invention is commercial enough then these legal steps will not be a problem as you’ll find the money, win the truth and eventually get a lot of it back. However, if your fighting a large company which has many money to string from the court action for some time will it be actually worthwhile? Is definitely the idea your seeking to patent commercial enough to justify this.
There are many smaller companies available that view patenting as a complete waste of money and time and choose to direct their resources, attention and funds at being the first to market and first to innovate. In the event you be one of them as opposed to spending what could be lots of your time and money protecting your idea?
You may be trying to patent your invention to then license it to a different company to produce. For twelve months from filing your patent you may have international patent protection and you need to make use of the first 10 months of the to make certain your idea can be commercialised before having to make a decision on which other countries also to apply in and giving your attorney monthly or two to undertake the essential work. You need to move bloody fast! In case you are approaching big companies they are going to often take several months to return to you before you could even demonstrate to them the invention and begin negotiations. If your carrying this out 6 – 8 months in its too late as they know you might have virtually no time and definately will often play for time to force you right into a bad business position, or just in the hope you wont complete the patent if the twelve months is up. Whilst you can’t tell anyone about your invention prior to deciding to file you patent application you can get round this by asking companies (including us) to sign non disclosure agreements and begin work on the growth and development of your products or services ahead of time so you hit the ground running the second the application is filed.
In the event the above hasn’t place you off maybe you do have that elusive brilliant idea. Book a consultation using a patent attorney (a bit of good attorney should provide you with a first appointment free of charge) and get cracking! For more information there are lots of great web resources on filing patents which we won’t attempt to re-create here.
A couple of patent help tips – When researching an invention you’ll often need to go through existing patent applications to make sure your idea is totally new. Patents could be many pages long and horribly worded, but generally its merely the first primary claim in a patent that is certainly critically important. The rest will simply be lesser claims the patent can fall to should the higher claims ever be overturned or rejected by the patent examiner.
Where there could be ambiguity in a claim the patent description has the ability influence the claims and might therefore happen to be deliberately written therefore, so look through the description to see if it attempts to provide this.
Patent claims are certainly not exclusive. Because a claim describes just one way of doing something doesn’t imply that it couldn’t be performed differently.
Patents incorporate a detailed description which can be generally intended to produce an explanation / instructions of how the invention could be utilised. Bear in mind that this only has to cover one specific utilization of the invention and doesn’t exclude the claims being utilized in alternative methods.
Claims generally relate to an Apparatus (equipment designed or assembled for a particular purpose) or even a Method (a means of performing something), and quite often patents include both using the intention that the method claims may be fallen back on if the apparatus claims be rejected.
Interestingly one of the aims of patents is to promote Inventhelp Patent Referral Services. Whilst blocking other businesses from copying ideas may seem to perform the actual opposite, the natural reaction when confronted with a patent it to try to work around it. We’ve dealt with several companies and done exactly this, having been briefed with a product they want to produce as well as the existing patent seeming to bar it. There exists typically a way round a patent but the aim is to try to do it in a way that leaves you having a commercial product which still serves its purpose in an affordable way (great patents block this by protecting against each of the economical ways of achieving the same).
Filing a patent application doesn’t suggest that any searching will likely be done. All that happens is definitely the application is filed and given the once over. It can then be examined in depth by way of a patent examiner but even when the patent is awarded it may be overturned at any time if prior art could be proved. If you wish the application to have a level of commercial value (should your carrying it out for IP purposes) you should also do a search. However even so bear in mind that searches 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 needless to say be the greatest route, but if you plan to submit internationally be aware that searches performed for EU or international applications are frequently significantly more detailed and thorough. The reason is that you will find much more EU patent examiners which is likely to mean that individual examiners have the ability to be considerably more knowledgeable within their specialised areas. It is possible to elbgql for 3rd party searches but whilst these are often extremely expensive (£1000 and upwards) they are certainly not necessarily superior to the search great britain patent office provides except if you spend a lot of cash (the expense of the united kingdom search is subsidised). The one thing to always remember about searches is the fact that its very difficult to quantify searching result. Simply because searching didn’t find prior art doesn’t mean that a different search won’t.
There is not any point giving the patent attorney excessive information. They have to write the patent using their experience and knowledge, not from your bad attempt. Here’s what ought to be ideally provided:-
* Drawings and descriptions of the drawings to have the idea across.
* The main advantages of the invention.
* Modifications which are easy to the invention.
* Crucial points and optional points.
* Don’t include plenty of existing patents – they’ll simply have to read them which will therefore cost more. A couple of might be helpful though.