This article shall follow up on the issue of patentability with regards to your products and businesses.
As a starter, let me say that many sites offer information about patentability and the patent process. There are good articles to read more about getting a patentability opinion or how to file a patent application.
As taken from the feed section of one of the sites aforementioned, here are some good points to keep in mind before embarking on your business affairs:
As an inventor, you must show proof or be prepared to prove your date of conception.
Do you have proof? Document your invention and have proof of the date of conception. If you don't know, the U.S. is the only country that grants patent rights to the first person to invent something-not the first person who files their patent application with the government. Get your ideas down on paper. If you've already been doing this all along and have dated proof, then great. But for those of you who are still daydreaming, you must document your invention. Your documentation should at least include a full description of your idea or invention, the date of your writing, and possibly some drawings if your invention needs them. It would be ideal if you could get a third party to act as a witness and date and sign your documentation, as well. Some people even suggest that you get your records notarized. Not necessary, but this certainly solidifies your proof.
Do you need a provisional applicaiton to market your invention?
There are many downsides to filing a provisional, and it's often not recommended, but strategically there can be advantages.
First, it's cheaper than filing a non-provisional utility application. And it's fast. But work quality can vary. Be skeptical off low prices. Second, you will be able to immediately claim Patent Pending status, which many feel is a marketing strength. Third, it will give you one year to decide if you really want to continue with the patent process because you won't have to file your non-provisional patent application until one year after filing your provisional. This means you get a whole one year with patent pending status to market your invention to assess the public interest and determine whether going through the whole process is worth it. If it turns out the answer is no, then simply do not file your non-provisional and you have saved a lot of money. Sometimes, it can be that simple.
As there are many authoritative sources available, you should take a minute to research the information about patents and patentability first before you invest too much on nothing.
