Maybe you have a concept for a new product simmering in the back of your mind. You have done a couple of Google searches, but haven’t found anything similar. This makes you confident that you have came across the NEXT BIG THING. Every day inventors tell me they “haven’t found anything like it.” And while that’s a good start, chances are that they haven’t been looking in the right places.
Before investing additional money and resources, it’s the best time to discover definitively if the How To Get An Idea Patented is exclusive, determine if you have a industry for it, and explore how you can make it better.
Inventors should do a search online with a goal of finding 2 or 3 competitive products. If they’re scared to perform the search, that’s a good thing, because within my experience, it usually means they’re on the right track. Patent from PTO based upon Invention should be Novel, Non-obviousness and Industrial applicability; a lot of the countries are giving right to patentee for producing, using, selling, or distributing the patented invention for 20 years duration from your date of file. But, full rights acquire from your date of grant.
Patent holder can enjoy his full rights from date of grant to till term completion (i.e 20 years through the date of first filing date.). Patent holder have straight to enjoy his rights, at the same time patentee can surrender his patent to PTO before term completion under certain conditions; this is known as Surrender or Nullity of patent.
A patent may be surrendered by patentee anytime through an application in prescribed format, become a total surrender or confined to several claims of the patent. In this situation the Controller will publish the offer within the Official journal.
And yes, the aim should be to find other products in the market which can be already trying to solve exactly the same problem as his or her invention. That shows that a remedy is actually needed. And if you have a requirement by way of a large enough group, then they stand a far better chance of turning the invention in to a profitable venture.
So inventors should go to a patent agent or Inventhelp Patent Services with samples of several other similar products, and after signing a retainer agreement (which establishes the agent/client relationship) the discussion turns for the specifics of the item including drawings, mockups, or prototypes. Anyone who wants to secure exclusive rights to promote, produce, and use an invention he created for a particular number of years must first secure a patent.
At this time, the agent or attorney can do a much more thorough search of the U.S. Patent Office and other applicable databases in the United States and/or internationally. They may be determining if the invention is actually unique, or if there are also more, similar patented products.
Some inventors consider doing the search of the Patent Office independently, but there are numerous downsides to this course of action. Their emotional attachment for the invention will cloud their judgment, and they will steer far from finding other products which are similar. Although odds are they have already identified several other competitors, searching the U.S. Patent Office is really a more intense process. From my experience with clients who have done their particular search, they have ignored similar products which have already been patented since they can’t face the truth that their idea isn’t as unique since they once think it is.
However, finding additional similar products does not mean that all is lost. The strategy changes to comparing the proposed invention using the patented one, and discussing ways to improve it making it patentable. A Invention Website will provide objective insight around this phase. The procedure is to accept the invention, disregard the parts that happen to be integrated into another tkjyax or patents, and the remainder is actually a patentable invention. I specialize in working with inventors to submit patent applications for brand new products or technology (including software), innovations inside the insurance industry, and business processes.