Is It An Invention? First things first. You cannot 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 exchange for this public release of Inventhelp Caveman Commercials, if it really is new the state will grant you exclusive rights to it for 20 years. Therefore so that you can patent your idea, its core concept has to be explainable in basic and direct terms.
Another reason you can’t just patent a concept is that it must involve a novel and inventive step. The novel bit is simple but a common misconception is the fact that many individuals think they are able to obtain a patent because they are the initial person to create the idea. However, if you sit down to your first meeting using a patent attorney one of the primary things they will want to establish is if your invention is actually an invention. It is really important to understand this, so that you will don’t waste time considering patenting something that is simply not patentable. A very simple explanation of this ‘obviousness’ test is really as follows: Would a hypothetical skilled person, who knows everything but does not have the slightest spark of inventive ingenuity, develop the identical idea should they knew all the prior art (all previous ideas), but had not read your patent application? If the correct answer is yes then your idea is not an invention, its simply the logical application of current day knowledge to a new problem and thus you can’t patent it.
This is a good description in legal relation to the EU approach to judging inventiveness (the UK is slightly different): Can there be any teaching in the prior art, in general, that will, not simply could, have prompted the skilled person, faced with the goal technical problem formulated when considering the technical features not disclosed from the closest prior art, to change or adapt said closest prior art while taking account of the teaching [the teaching in the prior art, not only the teaching from the closest prior art], thereby arriving at something falling inside the terms of the claims, and so achieving exactly what the invention achieves? It’s the “would, not simply could” which is the very important definition here.
The United States is a little different to Europe and also this inventiveness step is regularly not properly tested or applied, ultimately causing several patents being granted in america which can be actually very obvious logical use of existing ideas. Many companies have spent huge sums of money seeking to overturn such patents but although a granted US patent may be overturned its is incredibly rare that one is. In lots of ways the united states patent product is more akin to what many people assume about patents right here, in case your the initial person think of an idea then you could patent it. The most obvious negative thing is that many bad patents have been unfairly granted and have unfairly blocked numerous others from having the ability to produce products which should never have been protected by patents in the first place.
Commercial Value – If you’ve have got to here then hopefully you have Inventhelp Company Headquarters that could be patentable. Another tests are often completely overlooked on the outset but they are also important. The foremost and most essential is exactly what will an excellent granting of a patent do for you personally? Patents cost money. Sure you can search and file yourself nonetheless its incredibly time-consuming and just like all things legal bringing in a professional, by means of a patent attorney, is usually a far greater route. Undertaking the searches and filing your patent application through an attorney will surely cost a few thousand pounds. Afterwards you possess a relatively short time before you have to decide if you are going to submit the patent in other countries around the world, which costs more money and in case you are filing in a lot of countries the translations may become very costly. Once you’ve got your patent afterwards you have ongoing costs every year to patent offices to maintain the patent active. So whatever it is your trying to patent has got to become worth this from the commercial business perspective (should you be postpone by the idea of having to spend several thousand pounds with a patent attorney is what your doing worthy of patenting in any way?).
Many people and companies file for patents to gain the IP, to enable them to then attract investors to assist them take their invention forward. If you’ve watched several episodes of Dragon’s Den on the TV then it needs to have become very obvious that investors usually do not take wild risks and if you wish someone to purchase your company or idea they have to feel secure in this way. In case you have a patent for recommended which can be commercialised it is going to often provide exactly this protection to have an investor so you happen to be stage even closer to getting them to part with that important cash (you’ll probably also have realized that although investors are occasionally not very nice people they have a tendency to simply want to do business with nice people!).
Another misconception is the fact that once you have a patent no-one else can copy your idea. Well although legally they can’t, their state won’t actually stop them. If somebody infringes on your patent it is actually as a result of one to stop them, typically by spending large sums of cash with lawyers and making use of the courts. If the infringer is really a large company, or several companies infringe your patent you need to be able to fund the legal action. If your invention is commercial enough then these legal steps will never be a problem as you’ll discover the money, win the case and in the end get most of it back. If however your fighting a huge company which has a lot of money to string from the legal action for a long time could it be actually worthwhile? Is definitely the idea your looking to patent commercial enough to warrant all of this.
There are numerous smaller companies on the market that view patenting as a waste of time and expense and would rather direct their resources, attention and funds at being the first to market and first to innovate. In case you be one of them instead of spending what is lots of your time and expense protecting your idea?
You might be trying to patent your invention to then license it to another company to create. For twelve months from filing your patent you may have international patent protection and you need to use the first 10 months of this to make certain your idea can be commercialised before having to decide on which other countries also to apply in and giving your attorney monthly or two to carry out the required work. You have to move bloody fast! Should you be approaching big companies they are going to often take a few months to return to you before you can even show them the invention and start negotiations. If your accomplishing this 6 – 8 months in their too late since they know you might have virtually no time and can often play for time and energy to force you in to a bad business position, or simply with the hope you will not complete the patent once the one year is up. When you can’t tell anyone regarding your invention before you file you patent application you may get round this by asking companies (like us) to sign non disclosure agreements and start work on the growth and development of your products or services in advance so that you hit the floor running the second the application is filed.
When the above hasn’t put you off then maybe you actually have that elusive brilliant idea. Book a scheduled appointment with a patent attorney (anything good attorney should offer you a first appointment free of charge) and get cracking! For more information there are many great web resources on filing for patents which we won’t try to re-create here.
A few patent help tips – When researching an invention you’ll often must read existing patent applications to make certain your idea is totally new. Patents could be many pages long and horribly worded, but generally its merely the first primary claim in a patent that is certainly essential. The rest will surely be lesser claims the patent can fall to if the higher claims ever be overturned or rejected by the patent examiner.
Where there could be ambiguity in a claim the patent description is able influence the claims and might therefore have already been deliberately written as a result, so look over the description to see if it attempts to provide this.
Patent claims are not exclusive. Because a claim describes a way of doing something doesn’t imply that it couldn’t be performed differently.
Patents incorporate a detailed description that is generally designed to provide an explanation / instructions of methods the invention might be utilised. Keep in mind this only has to cover one specific utilisation of the invention and doesn’t exclude the claims used in alternative methods.
Claims generally relate with an Apparatus (equipment designed or assembled for a particular purpose) or perhaps a Method (an easy method of doing something), and quite often patents include both with the intention the method claims could be fallen back on if the apparatus claims be rejected.
Interestingly one of the aims of patents is always to promote Invent Help. Whilst blocking others from copying ideas may seem to do the actual opposite, the natural reaction when confronted with a patent it to attempt to work around it. We’ve worked with several companies and done exactly this, having been briefed with a product they would like to produce and also the existing patent seeming to block it. There is certainly more often than not a way round a patent nevertheless the aim is to attempt to practice it in a way in which leaves you having a commercial product which still serves its purpose inside an affordable way (great patents block this by protecting against all the economical methods for achieving the same thing).
Filing a patent application doesn’t suggest that any searching will likely be done. Everything 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 even if the patent is awarded it may be overturned whenever you want if prior art could be proved. If you want the application to get a level of commercial value (should your performing it for IP purposes) you should also perform a search. However even so keep in mind searches usually are not necessarily as skilled you might expect and patent office searches is not going to necessarily search anything other than previous published patent applications and filings. If you are just filing in the united kingdom then the UK patent office search will needless to say be the greatest route, but if you are planning to submit internationally be aware that searches completed for EU or international applications will often be far 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 are able to be considerably more knowledgeable in their specialised areas. You are able to elbgql for 3rd party searches but whilst they are often very expensive (£1000 and upwards) they are not necessarily much better than the search great britain patent office provides except if you spend a lot of cash (the price of the UK search is subsidised). The thing to continually remember about searches is the fact that its tough to quantify a search result. Because searching didn’t find prior art doesn’t suggest that another search won’t.
There is absolutely no point giving the patent attorney a lot of information. They should write the patent off their experience and knowledge, not from the bad attempt. Here’s what needs to be ideally provided:-
* Drawings and descriptions of the drawings to obtain the idea across.
* The benefits of the invention.
* Modifications that are easy to the invention.
* Crucial points and optional points.
* Don’t include tons of existing patents – they’ll simply have to read them and that will therefore will cost more. 1 or 2 could be helpful though.