So you've thought long and hard about a unique device that removes dirt from beneath the seat cushions in your couch without removing them. Or maybe something more practical, such as an extendable hair brush for hard-to-reach places? After you outline the use and benefits of your invention, make some detailed drawings, toil away in your workshop to build a prototype and dream of all of the money that you'll earn from selling countless units of your invention, you'll probably ask yourself, "I have an invention, now what?" Patents - like copyrights and trademarks - are often referred to by attorneys and patent-holders as "intellectual property" or IP. IP is the creative and tangible result that emerges from the mind and is considered a quantifiable asset similar to a house, an automobile or stock certificate. It has a very real value attached to it. Since it does a have a value, however challenging it may be to pinpoint at time, IP has to be protected from abuse and, of course, theft. And that's what a patent is for.
When your invention is ready, you should seek to obtain a patent from the United States Patent and Trademark Office. This government agency thoroughly reviews your application, which has information about what your invention is and does. The patent office then determines if it is brand new, has a truly practical use and is not obviously based on another, existing invention.
"New" seems like a relative term, but to the patent office the definition is pretty hard and fast. If your invention is too similar to another device already patented, sold or described in a publication before you submit your invention, it is not considered new and is therefore disqualified. On a side note, if indeed you were the one who described your invention in a publication, you must file for a patent within a year after the information went public. No one else can do so. Unfortunately, a number of countries out of the U.S. do not recognize this limitation. If an idea or invention is already disclosed, often you can't file for a patent.
The second thing that your invention has to do is operate in a straightforward and "useful' way, which are also relative terms. The inventor must describe in great detail what the invention does and the invention must fulfill those descriptions.
Then, there is something the patent board refers to as "nonobvious." Whatever you invent, it must be unlike anything built before it. Someone with a non-industry, non-technical understanding of your invention must be able to distinguish it clearly from something similar. If you invent a special drinking mug with three handles, you've likely invented something new and perhaps useful to those who need assistance with drinking. But if you simply changed the materials or color scheme of a unique drinking mug that already holds a patent, you will not receive a patent.
When you submit your invention to the patent board, you need to outline in detail what your invention does, how to build it and how it works - to the degree that anyone who professionally knows your field of industry could actually build it and use it. A very crucial part of your application and submission is a set of detailed drawing and diagrams, which must indicate functions, parts, appearance, etc. All of this is referred to as the invention's specifications or "specs."
It is helpful, in most cases, to enlist the aid of a patent attorney when gathering your information and submitting your invention formally. And there's a reason why. They have submitted many invention patent applications before yours and will be able in most cases to determine quickly if yours will be rejected. Their foresight will give you time to amend your information and specs before you submit your invention to the patent office. This will save lots of time and money, and potentially get you there faster than someone with a competing invention in the works.
You will give your patent attorney any sample pieces, specs and other related information, in addition to information you develop has about similar inventions. A formal "art" search must be made and can be done by your attorney. The search findings include past publications, visual records, previous patents and more. Your attorney will help you describe your invention as fully as possible, too - something very important, as you normally can't amend your application once filed. And it is a lengthy process in some cases, so it behooves you to get it right the first time with the help of a lawyer that knows the process well.
Once your patent is approved, there is often a long series of marketing steps you may take that includes conducting formal market research, meeting with manufacturers, creating business plans for investors in your company and advertising your wares. Finally, it is a good idea to find marketing professionals to estimate the possible value and potential market for your invention before you start spending money. Now that you have patent protection, there is no reason to make hasty decisions. Take your time to do things right,The law offices of Bob Schuster, P.C. specialize in commercial litigation, brain injury, intellectual property infringement and carbon monoxide poisoning cases. For more information on intellectual property infringement, commercial litigation and how you can get what you deserve, visit online today.
