Is It An Invention? First things first. You can not patent an idea just because you believe you are the first person to come up with it. A patent is there to protect an ‘invention’, not simply an idea. When you apply for a patent what you’re doing is specifying, through text and drawings, how your invention works. In turn for this public release of Inventhelp Number, if it really is new the state will grant you exclusive rights to it for 25 years. Therefore so that you can patent your idea, its core concept has to be explainable in basic and direct terms.
One other reason you can’t just patent a concept is it must involve a novel and inventive step. The novel bit is not hard but a standard misconception is the fact many individuals think they could obtain a patent because they are the first person to come up with the thought. However, when you sit down for the first meeting with a patent attorney one of the first things they would want to establish is whether or not your invention is really an invention. It really is essential to appreciate this, so that you don’t spend your time considering patenting a thing that is actually not patentable. A very simple explanation with this ‘obviousness’ test is really as follows: Would a hypothetical skilled person, that knows everything but does not have the least spark of inventive ingenuity, think of exactly the same idea if they knew all the prior art (all previous ideas), but had not read your patent application? If the reply is yes in that case your idea is not an invention, its simply the logical application of current day knowledge to a different problem and therefore you can’t patent it.
This is a good description in more legal terms of the EU method of judging inventiveness (the united kingdom is slightly different): Can there be any teaching in the prior art, as a whole, that would, not simply could, have prompted the skilled person, faced with the goal technical problem formulated when contemplating the technical features not disclosed by the closest prior art, to change or adapt said closest prior art while taking account of that teaching [the teaching of the prior art, not just the teaching of the closest prior art], thereby reaching something falling in the regards to the claims, and so achieving what the invention achieves? It’s the “would, not merely could” this is the important definition here.
The US is a bit different to Europe and actually this inventiveness step is regularly not properly tested or applied, leading to several patents being granted in the united states which can be actually very obvious logical implementation of existing ideas. Many companies have spent huge sums of money seeking to overturn such patents but although a granted US patent can be overturned its is extremely rare that one is. In many ways the US patent method is more similar to what many people assume about patents right here, should your the first person come up with an understanding then you can patent it. The obvious negative thing is that many bad patents have been unfairly granted and also have unfairly blocked many others from being able to produce products which must not have already been protected by patents in the first place.
Commercial Value – If you’ve got to here then hopefully you have Inventhelp Locations that may be patentable. The next tests are often completely overlooked at the outset but are also vital. The first and most significant is exactly what will an excellent granting of a patent do to suit your needs? Patents cost money. Sure you can look and file yourself but its incredibly time consuming and just like all things legal attracting an expert, as a patent attorney, is usually a much better route. Undertaking the searches and filing your patent application via an attorney will surely cost several thousand pounds. You then have a relatively short period of time before you need to decide if you are planning to file the patent in other countries all over the world, which costs more cash and in case you are filing in plenty of countries the translations could become very expensive. Once you’ve got your patent afterwards you have ongoing costs each year to patent offices to help keep the patent active. So anything your looking to patent has to become worth this from a commercial business perspective (in case you are put off by the very thought of being forced to spend several thousand pounds using a patent attorney is the thing that your doing really worth patenting in any way?).
Many people and firms apply for patents to achieve the IP, in order to then attract investors to help them get their invention forward. If you’ve watched a few episodes of Dragon’s Den on the TV then it needs to have become very obvious that investors do not take wild risks and if you wish someone to purchase your company or idea they should feel secure by doing this. In case you have a patent for recommended that may be commercialised it will often provide exactly this protection for an investor so you happen to be stage even closer to getting them to part using that very important cash (you’ll probably have also realized that although investors are occasionally not very nice people they have an inclination to only want to work with nice people!).
Another misconception is that once 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 somebody infringes on your patent it really is down to one to stop them, typically by spending large sums of cash with lawyers and using the courts. When the infringer is actually a large company, or several companies infringe your patent you need to be capable of fund the legal action. Should your invention is commercial enough then these legal steps will never be a difficulty as you’ll find the money, win the situation and ultimately get a lot of it back. If however your fighting a large company which provides extensive money to string out your legal action for some time will it be actually worthwhile? Will be the idea your looking to patent commercial enough to warrant this.
There are many smaller companies on the market that view patenting as a complete waste of money and time and would rather direct their resources, attention and money at being the first one to market and first to innovate. Should you be one of those as opposed to spending what could be a lot of your time and expense protecting your idea?
You could be seeking to patent your invention to then license it to another one company to create. For twelve months from filing your patent you have international patent protection and you need to use the first 10 months with this to make certain your idea may be commercialised before being forced to make a decision on which other countries to also apply in and giving your attorney monthly or two to handle the essential work. You must move bloody fast! Should you be approaching big companies they will likely often take a couple of months to get back to you before you could even demonstrate to them the invention and start negotiations. Should your doing this 6 – 8 months in their too late because they know you might have almost no time and can often play for time to force you into a bad business position, or simply just with the hope you wont complete the patent if the twelve months is up. As you can’t tell anyone regarding your invention before you decide to file you patent application you will get round this by asking companies (including us) to sign non disclosure agreements and start work on the progression of your products or services ahead of time so that you hit the earth running as soon as the application is filed.
When the above hasn’t place you off then maybe you have that elusive brilliant idea. Book a scheduled appointment using a patent attorney (a bit of good attorney should provide you with a first appointment free of charge) and obtain cracking! For additional information there are numerous great web resources on filing patents which we won’t try to re-create here.
A few patent help tips – When researching an invention you’ll often must go through existing patent applications to ensure your idea is completely new. Patents can be many pages long and horribly worded, but generally its only the first primary claim in a patent which is critically important. The rest will simply be lesser claims the patent can fall to if the higher claims be overturned or rejected through the patent examiner.
Where there may be ambiguity in a claim the patent description has the ability influence the claims and may therefore happen to be deliberately written therefore, so look over the description to determine if it attempts to provide this.
Patent claims are not exclusive. Just because a claim describes a way of doing something doesn’t mean that it couldn’t be completed differently.
Patents include a detailed description that is generally intended to produce an explanation / instructions of how the invention may be utilised. Be aware that this only needs to cover one specific utilization of the invention and doesn’t exclude the claims being used in other ways.
Claims generally relate to an Apparatus (equipment designed or assembled for a particular purpose) or a Method (a means of doing something), and often patents include both using the intention that this method claims can be fallen back on should the apparatus claims be rejected.
Interestingly one of many aims of patents is always to promote Patent An Idea. Whilst blocking others from copying ideas might seem to do the precise opposite, 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 having a product they want to produce and also the existing patent seeming to block it. There is more often than not a way round a patent however the aim is to try and do it in a manner in which leaves you having a commercial product which still serves its purpose in an affordable way (great patents block this by protecting against all the economical means of achieving exactly the same thing).
Filing a patent application doesn’t mean that any searching is going to be done. All that happens is definitely the application is filed and because of the once over. It will then be examined in depth by a patent examiner but whether or not the patent is awarded it may be overturned at any time if prior art could be proved. If you wish the application to have a degree of commercial value (if your carrying it out for IP purposes) you need to also do a search. However even then bear in mind that searches are not necessarily as skilled you might expect and patent office searches will not necessarily search anything besides previous published patent applications and filings. If you are just filing in the united kingdom then a UK patent office search will of course be the ideal route, but if you plan to file internationally bear in mind that searches completed for EU or international applications are frequently significantly more detailed and thorough. The reason is that there are a lot more EU patent examiners and also this tends to imply that individual examiners can be much more knowledgeable within their specialised areas. You can elbgql for third party searches but whilst they are often very expensive (£1000 and upwards) they are certainly not necessarily much better than the search the UK patent office provides except if you spend a lot of cash (the price of the united kingdom search is subsidised). One thing to continually remember about searches is the fact its very hard to quantify searching result. Just because searching didn’t find prior art doesn’t suggest that an alternative search won’t.
There is absolutely no point giving the patent attorney too much information. They need to write the patent using their experience and knowledge, not from your bad attempt. Here’s what needs to be ideally provided:-
* Drawings and descriptions of the drawings to have the idea across.
* The main advantages 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 that will therefore are more expensive. A couple of may be helpful though.