subject: If you're not ready to file a patent application [print this page] If you're not ready to file a patent application
This is a cool article I found at Patent UFO www.patentufo.com
So, you have a new idea for something awesome. Perhaps, it's something many people will want? Great! Now what?
Many will tell you if it's worth anything, you must patent your invention. That's good advice, especially if you're running a business. But the problem for most individuals is the patent process is too expensive.
The government filing fees alone for a utility patent application total almost $500. That's assuming you file your patent yourself. Should you file a patent yourself? That's a whole other topic, and it involves discussion about trying to do something you don't know how to do and will surely foul up. So, the short answer is "no." ...
But, OK, you say. You've looked around, and you still feel the process is too expensive. It's completely understandable. No question-It costs money to get a patent. Until you decide that filing a patent application is worth it, here are some things you can do meanwhile
1. Do a Search
Are you wasting your time? Start with the USPTO site, at the very least. (www.uspto.gov ) Is your invention really an invention? Now, chances are that you are knowledgeable in the field in which you are making your product. In fact, you probably have such a strong understanding of the relevant market that you know nothing like your invention exists. That's great. But you, or anyone, can't know something like that for sure. What you can do, however, is be diligent and search. If you do find something exactly like your invention, it may be extremely sad for you, of course. But it's over, and you have the comfort of knowing that you did not waste thousands of dollars on filing a patent application that would have been rejected immediately anyway.
On the other hand, it's the people that don't find anything exactly like their invention that may need to consult a professional patent practitioner. The government enforces three basic legal requirements that your invention be useful, novel, and non-obvious.
Well, first, the useful part is simple. Your invention has to do something. But, second, the novelty requires a deeper search to determine whether anything out there truly existed before your invention. Again, if you are unable to properly do this, you should consult a professional. And, third, non-obviousness is a tricky hurdle to jump. If there are many things out there that appear to be similar to your invention but not exactly, you may be in a gray area of obviousness. This most likely requires the patentability opinion of a registered patent practitioner to help you better understand what you're holding onto or what you're in for if you ever decide to file your patent application.
...
3. Understand Novelty
You may not have the hundreds of hours to study and research all the applicable laws in the patent process. But you probably have a few minutes to understand the legal concept of novelty, which is one of the many requirements in getting a patent.If you have already disclosed your invention such that you publically used it, or published it, or offered it for sale, then you are still safe for a limited amount of time. One year. Remember, the U.S. does not give patent rights automatically to the first application-filer. The U.S. gives patent rights to the first inventor. But even this has its limits if the invention is publically disclosed. One year. The government doesn't want you to sit on your invention forever. It has to enter the public eventually. So, to encourage this, the USPTO requires that you file your patent application within one year of your public use, publication, or sale offer. One year. Keep track of this date. Foreign countries require you to file an application before you publically disclose your invention. But not the U.S. You have one year to see if anyone is interested. The U.S. gives rights to the first person to invent. And you are the first person to invent because you have proof-assuming you documented your invention. Which is something you did, right?
Read the whole thing at Patent UFO http://www.patentufo.com/blog/
Get more basic information about filing a patent application and the whole patent process at Patent UFO
