This is a quick reference site to help you better understand the different steps of the patent process. Each section will describe a part of the process, and then direct you to the specific place on the United States Patent and Trademark Office website where you will learn more. For more in depth information, I have included links to helpful sites.

 

What is a patent, and why do I need one?

In US Law, there are two types of Personal Property: Tangeable and Intangeable. Intangeable, or Intellectual Property, is a category of ideas divided into Patents, Copyrights, and Trademarks. A Patent is a document claiming ownership of a physical idea/invention. One can be obtained for a new or improved machine, article of manufacture, chemical composition, process, computer software or business method, or even an e-commerce business model or enabling technology for the Internet. A patent allows the inventor/owner to prevent anyone from producing, using or selling the invention unless they pay for the privilege. A patent enables you to own the idea and make money from it.

There are three general types of patents: utility, design, and plant. This site will describe only utility and design. A utility patent protects functional aspects of an invention. It lasts for 20 years from its filing date. A design patent protects decorative aspects of an invention. If the basis of an invention is its appearance, or it has a unique look, a design patent is needed. Design patents last for 14 years. After the term expires, you lose your exclusive right to the invention. Everyone is now free to exploit the product which you disclosed in the patent. In addition, failure to pay maintenance fees will result in the patent prematurely expiring. It is possible for an invention to require both types of patents, and aquiring a patent only protects the invention in the US. To protect the idea worldwide, an international patent must be aquired. This allows the inventor 2 1/2 years to pursue patents in other countries.

 

This site will help you better understand the steps of the patent process.

 

The following advice is from Inventors' Digest:

FIRST TEN COMMANDMENTS OF INVENTION

1) Stay away from invention marketing companies that advertise on radio and late night TV. They're out to fatten their wallets and empty yours!!!

2) Keep good records about your idea . . . some day they may be the back up you need to prove YOUR idea is YOURS!

3) Go to a Patent Depository Library and do your own patent search. If you find that your invention is already patented, there's no need to go to a patent attorney. For a list of libraries go to www.uspto.gov

4) Build a model. No need to get fancy at first. . . cardboard, white glue, balsa wood, off-the shelf parts. No matter how simple the idea, prove it works.

5) Have your invention evaluated by a non-biased professional (even if your Mom's in the business, go to someone else!)

6) Read all you can about new product development. Go to your local bookstore or library. others have gone before you. Don't reinvent the wheel.

7) Network with other inventors. Join a local inventor's organization.

8) If your patent search looked promising (see #3), make an appointment with a patent attorney. Show your attorney the results of your search and follow the advice he or she gives you.

9) Do what you do well and hire pros to do the rest.

10) Don't fall in love with your invention but if you're really sure you've got a winner (see #5), hang in there! Even "overnight" successes take a while!

 


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