Is It An Invention? First things first. You cannot patent an idea just because you think you are the first person to come up with it. A patent is there to protect an ‘invention’, not simply an idea. When you apply for a patent what you are doing is specifying, through text and drawings, how your invention works. In return for this public release of How To Patent A Product, if it really is new the state will grant you exclusive rights to it for 25 years. Therefore to be able to 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 it must involve a novel and inventive step. The novel bit is not hard but a standard misconception is the fact that many people think they can make application for a patent because they are the very first person to generate the concept. However when you take a moment for your first meeting having a patent attorney among the first things they would want to establish is if your invention is really an invention. It is definitely essential to appreciate this, so that you don’t spend your time looking at patenting a thing that is actually not patentable. A simple explanation with this ‘obviousness’ test is really as follows: Would a hypothetical skilled person, you never know everything but does not have the slightest spark of inventive ingenuity, come up with the identical idea when they knew all of the prior art (all previous ideas), but had not read your patent application? If the reply is yes in that case your idea is not really an invention, its simply the logical use of current day knowledge to an alternative problem and therefore you can’t patent it.
This is a good description in more legal regards to the EU strategy to judging inventiveness (great britain is slightly different): Will there be any teaching in the prior art, in general, that would, not merely could, have prompted the skilled person, up against 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 that teaching [the teaching of the prior art, not just the teaching in the closest prior art], thereby reaching something falling inside the regards to the claims, and therefore achieving just what the invention achieves? It’s the “would, not simply could” that is the very important definition here.
The US is different to Europe and actually this inventiveness step is regularly not properly tested or applied, ultimately causing several patents being granted in the US which are actually very obvious logical application of existing ideas. Most companies have spent huge sums of income seeking to overturn such patents but although a granted US patent can be overturned its is very rare that a person is. In many ways the united states patent system is more similar to what many individuals assume about patents over here, if your the very first person think of a concept then you can certainly patent it. The obvious negative thing is that numerous bad patents have already been unfairly granted and possess unfairly blocked many others from being able to produce products that must not have been protected by patents to begin with.
Commercial Value – If you’ve have got to here then hopefully you may have Inventhelp Products which may be patentable. Another tests tend to be completely overlooked at the outset but are also vital. The foremost and most important is the thing that will an excellent granting of a patent do for you personally? Patents cost money. Sure you can search and file yourself but its incredibly time intensive and like all things legal attracting a professional, as a patent attorney, is normally a much better route. Carrying out the searches and filing your patent application through an attorney will surely cost a couple of thousand pounds. Then you have a relatively short time period before you must decide if you are intending to submit the patent in other countries all over the world, which costs more income and if you are filing in a lot of countries the translations could become very costly. Once you’ve got your patent then you have ongoing costs each year to patent offices to help keep the patent active. So anything your trying to patent offers to get worth this coming from a commercial business perspective (should you be put off by the idea of needing to spend several thousand pounds using a patent attorney is what your doing well worth patenting at all?).
Lots of people and corporations apply for patents to get the IP, in order to then attract investors to assist them get their invention forward. If you’ve watched several episodes of Dragon’s Den on the TV then it needs to have become very obvious that investors do not take wild risks and if you want someone to buy your organization or idea they have to feel secure in this way. For those who have a patent for a great idea which can be commercialised it can often provide exactly this protection for an investor so you are a stage nearer to getting them to part with this important cash (you’ll probably have also realized that although investors are sometimes not very nice people they tend to only want to work with nice people!).
Another misconception is the fact once 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 making use of the courts. When the infringer is actually a large company, or several companies infringe your patent you have to be in a position to fund the legal action. In case your invention is commercial enough then these legal steps is definitely not an issue as you’ll get the money, win the truth and eventually get most of it back. If however your fighting a large company which provides extensive money to string out your legal action for a long time is it actually worth it? Is the idea your seeking to patent commercial enough to justify all of this.
There are lots of smaller companies available that view patenting as a waste of time and money and prefer to direct their resources, attention and money at being the first one to market and first to innovate. In the event you be one of those instead of spending what is a lot of your time and money protecting your idea?
You might be seeking to patent your invention to then license it to another one company to create. For one year from filing your patent you might have international patent protection and you need to make use of the first 10 months of the to make certain your idea could be commercialised before being forced to decide on which other countries also to apply in and giving your attorney monthly or two to carry out the necessary work. You need to move bloody fast! In case you are approaching big companies they are going to often take a few months to return to you before you could even demonstrate to them the invention and begin negotiations. If your accomplishing this 6 – 8 months in its too late since they know you have almost no time and can often play for time and energy to force you into a bad business position, or simply in the hope you wont complete the patent if the one year is up. Whilst you can’t tell anyone regarding your invention before you decide to file you patent application you can get round this by asking companies (like us) to sign non disclosure agreements and start work on the development of your products or services beforehand which means you hit the ground running the moment the applying is filed.
If the above hasn’t place you off then maybe you do have that elusive brilliant idea. Book a consultation with a patent attorney (a bit of good attorney should give you a first appointment for free) and get cracking! To learn more there are numerous great web resources on filing patents which we won’t attempt to re-create here.
A few patent help tips – When researching an invention you’ll often must read existing patent applications to make sure your idea is completely new. Patents could be many pages long and horribly worded, but generally its just the first primary claim in a patent that is essential. The remainder will surely be lesser claims the patent can fall returning to if the higher claims ever be overturned or rejected through the patent examiner.
Where there may 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 usually are not exclusive. Simply because a claim describes just one way of doing something doesn’t imply that it couldn’t be done differently.
Patents include a detailed description which is generally meant to provide an explanation / instructions of methods the invention might be utilised. Keep in mind this only must cover one specific use of the invention and doesn’t exclude the claims being utilized in other ways.
Claims generally relate to an Apparatus (equipment designed or assembled for a particular purpose) or even a Method (an easy method of accomplishing something), and frequently patents include both using the intention that the method claims could be fallen back on if the apparatus claims be rejected.
Interestingly one of many aims of patents would be to promote Inventhelp Idea. Whilst blocking others from copying ideas might seem to do the exact opposite, natural reaction when dealing 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 would like to produce and the existing patent seeming to block it. There exists more often than not a way round a patent nevertheless the aim is to attempt to do it in a way that 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).
Filing a patent application doesn’t imply that any searching will be done. All that happens will be the application is filed and because of the once over. It is going to then be examined in detail with a patent examiner but even when the patent is awarded it may be overturned anytime if prior art can be proved. If you want your application to possess a degree of commercial value (in case your carrying it out for IP purposes) you should also perform a search. However even then keep in mind searches usually are not necessarily as skilled as you may expect and patent office searches will never necessarily search anything apart from previous published patent applications and filings. Should you be just filing in the united kingdom then the UK patent office search will of course be the best route, but if you intend to file internationally be aware that searches performed for EU or international applications are frequently significantly more detailed and thorough. This is because there are much more EU patent examiners and this is likely to suggest that individual examiners have the ability to be considerably more knowledgeable within their specialised areas. You can elbgql for 3rd party searches but whilst these are often extremely expensive (£1000 and upwards) they are not necessarily a lot better than the search the united kingdom patent office provides except if you spend a lot of cash (the price of the united kingdom search is subsidised). The one thing to continually remember about searches is that its tough to quantify a search result. Because a search didn’t find prior art doesn’t imply that another search won’t.
There is not any point giving the patent attorney a lot of information. They have to write the patent from their knowledge and experience, not out of your bad attempt. Here’s what needs to be ideally provided:-
* Drawings and descriptions of the drawings to get the idea across.
* The main advantages of the invention.
* Modifications which are possible to the invention.
* Crucial points and optional points.
* Don’t include loads of existing patents – they’ll simply have to read them and that will therefore are more expensive. A couple of could be helpful though.