Is It An Invention? First things first. You can not patent an idea 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 turn for this public release of Inventhelp Corporate Headquarters, if it really is new the state will grant you exclusive rights to it for 20 years. Therefore to be able to patent your idea, its core concept must be explainable in easy and direct terms.
The other 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 common misconception is the fact that many people think they are able to apply for a patent as they are the first person to generate the thought. However, if you take a seat to your first meeting having a patent attorney one of the primary things they may wish to establish is if your invention is really an invention. It really is vital that you appreciate this, so you don’t spend time looking at patenting something which is just not patentable. A very simple explanation of this ‘obviousness’ test is just as follows: Would a hypothetical skilled person, you never know everything but does not have the slightest spark of inventive ingenuity, think of the same idea when they knew all of the prior art (all previous ideas), but had not read your patent application? If the answer is yes after that your idea is not really an invention, its simply the logical application of current day knowledge to a different problem and for that reason you can’t patent it.
This is an excellent description in additional legal terms of the EU method of judging inventiveness (the UK is slightly different): Will there be any teaching within the prior art, overall, that could, not simply could, have prompted the skilled person, faced with the objective technical problem formulated when contemplating the technical features not disclosed through the closest prior art, to change or adapt said closest prior art while taking account of that teaching [the teaching in the prior art, not simply the teaching from the closest prior art], thereby arriving at something falling in the relation to the claims, and thus achieving what the invention achieves? It’s the “would, not simply could” that is the important definition here.
The Usa is a little different to Europe and also this inventiveness step is regularly not properly tested or applied, ultimately causing many patents being granted in the US which are actually very obvious logical implementation of existing ideas. Many companies have spent huge sums of income attempting to overturn such patents but although a granted US patent can be overturned its is very rare that certain is. In many ways the usa patent method is more akin to what many individuals assume about patents over here, should your the very first person develop a concept then you could patent it. The most obvious negative thing is that numerous bad patents have been unfairly granted and also have unfairly blocked numerous others from having the ability to produce products which should never have already been protected by patents to begin with.
Commercial Value – If you’ve reached here then hopefully you may have Inventhelp Intromark which may be patentable. Another tests tend to be completely overlooked at the outset however are also vital. The foremost and most important is exactly what will an effective granting of a 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, in the form of a patent attorney, is normally a better route. Carrying out the searches and filing your patent application through an attorney will surely cost a couple of thousand pounds. You then 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 income and in case you are 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 help keep the patent active. So anything your seeking 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 with a patent attorney is the thing that your doing really worth patenting at all?).
Many people and corporations apply for patents to gain the IP, to enable them to then attract investors to assist them to get their invention forward. If you’ve watched a couple of 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 would like someone to purchase your organization or idea they need to feel secure in doing this. For those who have a patent for a great idea that may be commercialised it will often provide exactly this protection for the investor so you happen to be stage even closer to getting those to part with that very important cash (you’ll probably have likewise noticed 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 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 is actually right down to you to definitely stop them, typically by spending large sums of income with lawyers and using the courts. If the infringer is actually a large company, or several companies infringe your patent you need to be able to fund the legal action. If your invention is commercial enough then these legal steps will not be a problem as you’ll get the money, win the situation and eventually get most of it back. If however your fighting a huge company which has many money to string your legal action for a long period will it be actually worthwhile? Is definitely the idea your looking to patent commercial enough to justify this.
There are lots of smaller companies on the market that view patenting as a total waste of time and expense and prefer to direct their resources, attention and funds at being the first one to market and first to innovate. In the event you be one of these rather than spending what is lots of your money and time protecting your idea?
You might be trying to patent your invention to then license it to a different company to produce. For one year from filing your patent you have international patent protection and you need to use the first 10 months with this to make sure your idea could be commercialised before needing to decide on which other countries also to apply in and giving your attorney monthly or two to carry out the necessary work. You must move bloody fast! In case you are approaching big companies they will often take several months to get back to you before you can even demonstrate to them the invention and start negotiations. In case your carrying this out 6 – 8 months in the too late as they know you have almost no time and definately will often play for time for you to force you in to a bad business position, or just with the hope you will not complete the patent if the twelve months is up. As you can’t tell anyone about your invention before you file you patent application you will get round this by asking companies (such as us) to sign non disclosure agreements and start work on the progression of your product or service beforehand so that you hit the floor running as soon as the application form is filed.
In the event the above hasn’t put you off then perhaps you do have that elusive brilliant idea. Book a scheduled appointment having a patent attorney (a bit of good attorney should offer you a first appointment free of charge) and get cracking! For additional information there are many great web resources on filing patents which we won’t try and re-create here.
Several patent help tips – When researching an invention you’ll often have to read through existing patent applications to ensure your idea is 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 simply be lesser claims the patent can fall back to if the higher claims be overturned or rejected through the patent examiner.
Where there could be ambiguity in a claim the patent description is able influence the claims and could therefore have been deliberately written as such, so examine the description to see if it attempts to provide this.
Patent claims are not exclusive. Because a claim describes a way of doing something doesn’t mean that it couldn’t be done differently.
Patents incorporate a detailed description which is generally intended to produce an explanation / instructions of how the invention might be utilised. Bear in mind that this only must cover one specific use of the invention and doesn’t exclude the claims used in other ways.
Claims generally connect with an Apparatus (equipment designed or assembled for the purpose) or perhaps a Method (a means of doing something), and frequently patents include both with all the intention that the method claims may be fallen back on should the apparatus claims be rejected.
Interestingly among the aims of patents is always to promote Inventhelp Invention Prototype. Whilst blocking other companies from copying ideas may seem to do the exact opposite, the natural reaction when confronted with a patent it to attempt to work around it. We’ve dealt with several companies and done exactly this, having been briefed with a product they wish to produce and also the existing patent seeming to bar it. There is almost always a way round a patent nevertheless the aim is to try to get it done in a way that leaves you with a commercial product which still serves its purpose in 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 suggest that any searching is going to be done. All of that happens will be the application is filed and due to the once over. It is going to then be examined in more detail by way of a patent examiner but even if the patent is awarded it can be overturned at any time if prior art could be proved. If you wish your application to have a amount of commercial value (if your carrying it out for IP purposes) you have to also do a search. However even then keep in mind searches are certainly not necessarily as skilled as you might expect and patent office searches will not necessarily search anything other than previous published patent applications and filings. Should you be just filing in the united kingdom then the UK patent office search will obviously be the greatest route, but if you are planning to file internationally keep in mind searches performed for EU or international applications are frequently far more detailed and thorough. The reason is that you can find far more EU patent examiners which tends to imply that individual examiners are able to be much more knowledgeable inside their specialised areas. It is possible to elbgql for 3rd party searches but whilst these are generally often very costly (£1000 and upwards) they are certainly not necessarily superior to the search the UK patent office provides until you spend lots of money (the price of the united kingdom search is subsidised). The 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 a different search won’t.
There is not any point giving the patent attorney too much information. They should write the patent off their knowledge and experience, not from your bad attempt. Here’s what should be ideally provided:-
* Drawings and descriptions of the drawings to obtain the idea across.
* The benefits of the invention.
* Modifications which can be possible to the invention.
* Crucial points and optional points.
* Don’t include tons of existing patents – they’ll only need to read them and will therefore are more expensive. A couple of might be helpful though.