If you're not ready to file a patent application

By: Harold Cohen | Posted: 06th December 2010

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." Therefore, you are subjected to possibly $3000 to $5000 or more that a registered patent practitioner (registered to practice before the US Patent Office) will charge you for all the work in assisting you to get your patent application filed and hopefully to get your patent issued. It's a long process. It may take a few years. But there is great variation in what professionals out there charge. So, it's best to shop around.

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.

...

2. Proof of your Invention
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....

Read the whole thing at Patent UFO http://www.patentufo.com/blog/

About the Author
{if $articleAuthor->occupation}

Occupation: {$articleAuthor->occupation}

{/if}

{$articleAuthor->biography}

{if $articleAuthor->website}

{$articleAuthor->website}

{/if} This article is copyright
Printed From: http://www.goinglegal.com/if-youre-not-ready-to-file-a-patent-application-1884982.html
Back to the original article

Tags: money, good advice, variation, running a business, short answer, wasting your time, invention