Is It An Invention? First things first. You cannot patent an idea simply because you believe 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 Build A Prototype With Inventhelp, if it really is new the state will grant you exclusive rights to it for 20 years. Therefore in order to patent your idea, its core concept needs to be explainable in simple and direct terms.
One other reason you can’t just patent an idea is it must involve a novel and inventive step. The novel bit is easy but a common misconception is that lots of people think they can apply for a patent because they are the initial person to come up with the thought. However when you take a seat to your first meeting with a patent attorney one of the primary things they may wish to establish is whether your invention is really an invention. It really is important to understand this, so you don’t spend time considering patenting a thing that is actually 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 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 after that your idea will not be an invention, its simply the logical application of current day knowledge to an alternative problem and thus you can’t patent it.
This is a great description in additional legal terms of the EU method of judging inventiveness (the UK is slightly different): Is there any teaching within the prior art, overall, that would, not merely could, have prompted the skilled person, faced with the goal technical problem formulated when considering the technical features not disclosed by 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 only the teaching in the closest prior art], thereby coming to something falling inside the terms of the claims, and so achieving what the invention achieves? It’s the “would, not merely could” this is the important definition here.
The US is different to Europe and also this inventiveness step is regularly improperly tested or applied, resulting in many many patents being granted in america that are actually very obvious logical use of existing ideas. Many companies have spent huge sums of cash trying to overturn such patents but although a granted US patent can be overturned its is extremely rare that a person is. In several ways the US patent method is more akin to what many people assume about patents right here, should your the initial person develop a concept then you could patent it. The obvious negative thing is that lots of bad patents have been unfairly granted and also have unfairly blocked numerous others from being able to produce products that must not happen to be protected by patents in the first place.
Commercial Value – If you’ve have got to here then hopefully you may have Patent Idea which may be patentable. Another tests tend to be completely overlooked on the outset but are also vital. The first and most important is the thing that will an excellent granting of the patent do to suit your needs? Patents cost money. Sure you can look and file yourself however its incredibly time intensive and like all things legal attracting a specialist, by means of a patent attorney, is normally a far greater route. Undertaking the searches and filing your patent application with an attorney will surely cost several thousand pounds. Afterwards you have a relatively short time before you have to decide if you are going to file the patent in other countries around the world, which costs more money and in case you are filing in plenty of countries the translations can become very expensive. Once you’ve got your patent afterwards you have ongoing costs every year to patent offices to keep the patent active. So anything your seeking to patent has got to be worth this from a commercial business perspective (should you be postpone by the thought of being forced to spend several thousand pounds using a patent attorney is exactly what your doing really worth patenting whatsoever?).
Lots of people and firms file for patents to gain the IP, in order to then attract investors to assist them to place their invention forward. If you’ve watched a few episodes of Dragon’s Den on the TV then it should have become very obvious that investors tend not to take wild risks and if you wish someone to purchase your organization or idea they have to feel secure in this way. If you have a patent for a great idea that may be commercialised it will often provide exactly this protection for an investor so you are a stage closer to getting these to part with that important cash (you’ll probably also have observed that although investors are sometimes not very nice people they tend to simply want to do business with nice people!).
Another misconception is the fact that after 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 somebody infringes on the patent it really is down to you to stop them, typically by spending large sums of money 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 capable of fund the legal action. In case your invention is commercial enough then these legal steps will never be a problem as you’ll get the money, win the situation and ultimately get a lot of it back. However, if your fighting a big company which provides extensive money to string your legal action for a long time could it be actually worth the cost? Is definitely the idea your seeking to patent commercial enough to warrant this.
There are lots of smaller companies out there that view patenting as a waste of money and time and prefer to direct their resources, attention and money at being the first to market and first to innovate. Should you be one of them as opposed to spending what is lots of your time and money protecting your idea?
You may be seeking to patent your invention to then license it to another one company to generate. For 12 months from filing your patent you have international patent protection and you would like to make use of the first 10 months of this to make certain your idea may be commercialised before needing to decide on which other countries also to apply in and giving your attorney a month or two to carry out the necessary work. You must move bloody fast! Should you be approaching big companies they are going to often take a couple of months to get back to you before you could even demonstrate to them the invention and commence negotiations. Should your carrying this out 6 – 8 months in the far too late as they know you might have almost no time and definately will often play for time for you to force you right into a bad business position, or simply with the hope you will not complete the patent once 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 (including us) to sign non disclosure agreements and begin work on the progression of your product ahead of time so that you hit the floor running as soon as the application form is filed.
When the above hasn’t put you off then perhaps you do have that elusive brilliant idea. Book a scheduled appointment with a patent attorney (anything good attorney should give you a first appointment free of charge) and obtain cracking! For more 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 existing patent applications to make certain your idea is totally new. Patents may be many pages long and horribly worded, but generally its only the first primary claim in a patent which is essential. The others will simply be lesser claims the patent can fall to in case the higher claims be overturned or rejected from the patent examiner.
Where there might be ambiguity in a claim the patent description has the ability influence the claims and may therefore have already been deliberately written as a result, so look over the description to see if it attempts to provide this.
Patent claims are not exclusive. Simply because an insurance claim describes just one way of doing something doesn’t mean that it couldn’t be performed differently.
Patents add a detailed description which can be generally intended to produce an explanation / instructions of methods the invention may be utilised. Bear in mind that this only must cover one specific utilization of the invention and doesn’t exclude the claims used in different ways.
Claims generally relate with an Apparatus (equipment designed or assembled for the purpose) or perhaps a Method (a way of performing something), and quite often patents include both using the intention the method claims can be fallen back on in case the apparatus claims be rejected.
Interestingly one of the aims of patents would be to promote Inventhelp Invention Marketing. Whilst blocking other companies from copying ideas might appear to perform the precise 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 having a product they want to produce and also the existing patent seeming to block it. There is certainly more often than not an easy method round a patent however the aim is to try to get it done in a manner in which leaves you using a commercial product which still serves its purpose in an affordable way (great patents block this by protecting against all the economical ways of achieving the same thing).
Filing a patent application doesn’t mean that any searching will likely be done. Everything that happens is the application is filed and due to the once over. It is going to then be examined in more detail by a patent examiner but whether or not the patent is awarded it may be overturned whenever you want if prior art may be proved. If you want your application to get a amount of commercial value (in case your doing it for IP purposes) you need to also do a search. However even so keep in mind searches are certainly not necessarily as skilled as you may expect and patent office searches will not necessarily search anything besides previous published patent applications and filings. If you are just filing in the united kingdom then this UK patent office search will obviously be the greatest route, but if you plan to file internationally bear in mind that searches performed for EU or international applications are frequently significantly more detailed and thorough. The reason is that you can find a lot more EU patent examiners and also this is likely to imply that individual examiners can be much more knowledgeable in 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 much better than the search great britain patent office provides except if you spend lots of money (the expense of the united kingdom search is subsidised). The one thing to always remember about searches is the fact that its very hard to quantify searching result. Simply because a search didn’t find prior art doesn’t mean that a different search won’t.
There is no 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 from the drawings to get 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. 1 or 2 might be helpful though.