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, how your invention works. In turn for this public release of How To File A Patent, 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 simple and direct terms.
Another reason you can’t just patent an idea is that it must involve a novel and inventive step. The novel bit is easy but a common misconception is the fact that many people think they could apply for a patent since they are the initial person to generate the thought. However, when you take a seat for your first meeting using a patent attorney one of the primary things they would want to establish is if your invention is really an invention. It really is vital that you understand this, so you don’t waste time looking at patenting something that is simply not patentable. A simple explanation of this ‘obviousness’ test is just as follows: Would a hypothetical skilled person, who knows everything but lacks the slightest spark of inventive ingenuity, come up with exactly the same idea if they knew each of the prior art (all previous ideas), but had not read your patent application? If the correct answer is yes then your idea will not be an invention, its simply the logical application of current day knowledge to an alternative problem and therefore you can’t patent it.
This is a great description in more legal regards to the EU strategy to judging inventiveness (the united kingdom is slightly different): Will there be any teaching within the prior art, overall, that will, not merely could, have prompted the skilled person, confronted 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 the teaching [the teaching in the prior art, not simply the teaching in the closest prior art], thereby reaching something falling in the terms of the claims, and so achieving what the invention achieves? It’s the “would, not merely could” which is the all important definition here.
The United States is different to Europe and actually this inventiveness step is regularly improperly tested or applied, ultimately causing many many patents being granted in the united states which are actually very obvious logical use of existing ideas. A lot of companies have spent huge sums of money attempting to overturn such patents but although a granted US patent can be overturned its is extremely rare that certain is. In several ways the usa patent method is more similar to what lots of people assume about patents over here, in case your the first person develop a concept then you can patent it. The obvious negative thing is that many bad patents happen to be unfairly granted and possess unfairly blocked many more from having the capacity to produce products which should never have already been protected by patents in the first place.
Commercial Value – If you’ve have got to here then hopefully you may have Inventhelp New Products which may be patentable. The next tests are often completely overlooked at the outset but are also really important. The first and most essential is what will an effective granting of the patent do for you personally? Patents cost money. Sure you can look and file yourself but its incredibly time intensive and like all things legal attracting a specialist, as a patent attorney, is generally a much better route. Performing the searches and filing your patent application with an attorney will surely cost a couple of thousand pounds. Afterwards you possess a relatively short time period before you must decide if you are going to submit the patent in other countries throughout the world, which costs more cash and should you be filing in plenty of countries the translations may become very expensive. Once you’ve got your patent then you have ongoing costs every year to patent offices to keep the patent active. So anything your looking to patent offers to become worth this from a commercial business perspective (in case you are delay by the very thought of needing to spend several thousand pounds having a patent attorney is the thing that your doing well worth patenting at all?).
Many individuals and corporations file for patents to achieve the IP, to enable them to then attract investors to help them take their invention forward. If you’ve watched several instances of Dragon’s Den on the TV it should have become very obvious that investors tend not to take wild risks and if you wish someone to buy your organization or idea they have to feel secure by doing this. If you have a patent for a good idea which can be commercialised it is going to often provide exactly this protection for the investor so you happen to be stage nearer to getting those to part with this important cash (you’ll probably have also realized that although investors are occasionally not very nice people they tend to simply want to work with nice people!).
Another misconception is the fact that once you have a patent no-one else can copy your idea. Well although legally they can’t, their state won’t actually stop them. If a person infringes on the patent it really is down to you to stop them, typically by spending large sums of cash with lawyers and making use of the courts. In the event the infringer is a large company, or several companies infringe your patent you need to be in a position to fund the legal action. Should your invention is commercial enough then these legal steps is definitely not a problem as you’ll discover the money, win the situation and ultimately get much of it back. However if your fighting a huge company which has many money to string your legal action for a long period will it be actually worth the cost? Is the idea your looking to patent commercial enough to warrant this.
There are numerous smaller companies available that view patenting as a complete waste of time and expense and would rather direct their resources, attention and funds at being the first one to market and first to innovate. In case you be one of them rather than spending what could be lots of your time and expense protecting your idea?
You could be seeking to patent your invention to then license it to a different company to create. For twelve months from filing your patent you may have international patent protection and you need to use the first 10 months of this to ensure your idea can be commercialised before being forced to decide on which other countries also to apply in and giving your attorney monthly or two to undertake the essential work. You must move bloody fast! In case you are approaching big companies they will often take a couple of months to get back to you before you could even show them the invention and start negotiations. Should your doing this 6 – 8 months in the too far gone because they know you might have virtually no time and can often play for time and energy to force you into a bad business position, or simply just with the hope you wont complete the patent if the one year is up. When you can’t tell anyone about your invention before you decide to file you patent application you will get round this by asking companies (such as us) to sign non disclosure agreements and begin work on the development of your products or services ahead of time which means you hit the earth running as soon as the application is filed.
In the event the above hasn’t put you off maybe you have that elusive brilliant idea. Book a consultation using a patent attorney (a bit of good attorney should give you a first appointment for free) and get cracking! To learn more 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 need to read through existing patent applications to ensure 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 critically important. The others will just be lesser claims the patent can fall to in case the higher claims ever be overturned or rejected through the patent examiner.
Where there could be ambiguity in a claim the patent description has the ability influence the claims and might therefore have already been deliberately written therefore, so look over the description to determine if it attempts to provide this.
Patent claims are certainly not exclusive. Just because a claim describes just one way of doing something doesn’t mean that it couldn’t be done differently.
Patents include a detailed description which can be generally designed to offer an explanation / instructions of how the invention might be utilised. Bear in mind that this only must cover one specific utilization of the invention and doesn’t exclude the claims being utilized in alternative methods.
Claims generally relate with an Apparatus (equipment designed or assembled for a particular purpose) or even a Method (a way of performing something), and quite often patents include both using the intention the method claims could be fallen back on in case the apparatus claims be rejected.
Interestingly among the aims of patents is to promote Inventhelp Caveman Commercials. Whilst blocking others from copying ideas might seem to do the exact opposite, the natural reaction when faced with a patent it to try to work around it. We’ve dealt with several companies and done exactly this, having been briefed having a product they would like to produce and also the existing patent seeming to bar it. There is certainly almost always a way round a patent but the aim is to try and practice it in a manner in which leaves you having a commercial product which still serves its purpose within an affordable way (great patents block this by protecting against all of the economical means of achieving the same thing).
Filing a patent application doesn’t mean that any searching will be done. Everything that happens will be the application is filed and given the once over. It will then be examined in detail by a patent examiner but even when the patent is awarded it can be overturned at any time if prior art may be proved. If you would like the application to possess a amount of commercial value (if your performing it for IP purposes) you should also do a search. However even so bear in mind that searches are not necessarily as skilled you might expect and patent office searches will not necessarily search anything other than previous published patent applications and filings. In case you are just filing in the united kingdom then the UK patent office search will of course be the greatest route, but if you intend to file internationally bear in mind that searches completed for EU or international applications will often be considerably more detailed and thorough. This is because you will find a lot more EU patent examiners and this has a tendency to suggest that individual examiners have the ability to be much more knowledgeable within their specialised areas. You are able to elbgql for 3rd party searches but whilst these are generally often very costly (£1000 and upwards) they are certainly not necessarily a lot better than the search the united kingdom patent office provides except if you spend lots of money (the price of great britain search is subsidised). One thing to continually remember about searches is the fact that its tough to quantify searching result. Simply because a search didn’t find prior art doesn’t suggest that a different search won’t.
There is not any point giving the patent attorney too much information. They need to write the patent from their experience and knowledge, not from your bad attempt. Here’s what needs to be ideally provided:-
* Drawings and descriptions in the drawings to have the idea across.
* The main advantages 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 will therefore cost more. 1 or 2 may be helpful though.