Is It An Invention? First things first. You can not patent an idea because you think you are the first person to come up with it. A patent is there to protect an ‘invention’, not simply a concept. When you apply for a patent what you are doing is specifying, through text and drawings, how your invention works. In exchange for this public release of How To Start An Invention Idea, if it really is new the state will grant you exclusive rights to it for 25 years. Therefore to be able to patent your idea, its core concept has to be explainable in basic and direct terms.
Another reason you can’t just patent an understanding is 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 could make application for a patent because they are the very first person to generate the thought. However when you take a seat to your first meeting using a patent attorney among the first things they will want to establish is whether or not your invention is actually an invention. It is really important to appreciate this, so you don’t spend time looking into patenting something that is actually not patentable. A very simple explanation with this ‘obviousness’ test is as follows: Would a hypothetical skilled person, that knows everything but does not have the least spark of inventive ingenuity, think of the identical idea when they knew all the prior art (all previous ideas), but had not read your patent application? If the reply is yes after that your idea is not really an invention, its simply the logical implementation of current day knowledge to an alternative problem and thus you can’t patent it.
This is a good description in additional legal relation to the EU strategy to judging inventiveness (great britain is slightly different): Is there any teaching inside the prior art, as a whole, that will, not merely could, have prompted the skilled person, confronted with the goal technical problem formulated when contemplating the technical features not disclosed from 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 terms of the claims, and therefore achieving what the invention achieves? It’s the “would, not simply could” which is the all important definition here.
The US is a bit different to Europe and this inventiveness step is regularly improperly tested or applied, resulting in several patents being granted in the united states that are actually very obvious logical use of existing ideas. Most companies have spent huge sums of money attempting to overturn such patents but although a granted US patent can be overturned its is very rare that certain is. In several ways the usa patent method is more similar to what many individuals assume about patents right here, should your the first person come up with a concept then you can patent it. The most obvious negative thing is that numerous bad patents have been unfairly granted and have unfairly blocked numerous others from having the ability to produce products that must not happen to be protected by patents to begin with.
Commercial Value – If you’ve reached here then hopefully you have Inventhelp Office Locations that could be patentable. The next tests are often completely overlooked at the outset but are also important. The first and most important is the thing that will an effective granting of any patent do for you personally? Patents cost money. Sure you can search and file yourself nonetheless its incredibly time intensive and like several things legal attracting an expert, in the form of a patent attorney, is normally a better route. Performing the searches and filing your patent application with an attorney will surely cost several thousand pounds. Afterwards you possess a relatively short time period before you have to decide if you are intending to submit the patent in other countries throughout the world, which costs more income and if you are filing in plenty of countries the translations could become very expensive. Once you’ve got your patent then you have ongoing costs each year to patent offices to maintain the patent active. So whatever it is your seeking to patent has to become worth this coming from a commercial business perspective (if you are delay by the thought of having to spend several thousand pounds with a patent attorney is the thing that your doing worthy of patenting whatsoever?).
Lots of people and firms file for patents to gain the IP, in order to then attract investors to help them place their invention forward. If you’ve watched several episodes of Dragon’s Den on the TV this must have become very obvious that investors do not take wild risks and if you want someone to purchase your business or idea they should feel secure by doing this. If 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 are a stage even closer to getting them to part with this all important cash (you’ll probably have also realized that although investors are sometimes not too nice people they tend to simply want to do business with nice people!).
Another misconception is that after 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 right down to one to stop them, typically by spending large sums of income with lawyers and making use of the courts. When the infringer is really a large company, or several companies infringe your patent you have to be able to fund the court action. In case your invention is commercial enough then these legal steps will never be a problem as you’ll get the money, win the truth and eventually get much of it back. If however your fighting a big company which has many money to string from the legal action for a long time will it be actually worth the cost? Is definitely the idea your looking to patent commercial enough to justify this.
There are many smaller companies on the market that view patenting as a complete waste of time and expense and choose to direct their resources, attention and cash at being the first to market and first to innovate. Should you be one of those rather than spending what could be lots of your money and time protecting your idea?
You might be seeking to patent your invention to then license it to a different company to create. For one year from filing your patent you might have international patent protection and you need to use the first 10 months with this to make certain your idea could be commercialised before having to make a decision on which other countries also to apply in and giving your attorney per month or two to carry out the necessary work. You need to move bloody fast! If you are approaching big companies they will likely often take several months to return to you before you even demonstrate to them the invention and begin negotiations. In case your accomplishing this 6 – 8 months in the far too late since they know you may have no time and can often play for time to force you right into a bad business position, or just with the hope you will not complete the patent if the twelve months is up. When you can’t tell anyone about your invention prior to deciding to file you patent application you can get round this by asking companies (including us) to sign non disclosure agreements and start work on the development of your products or services in advance so you hit the floor running as soon as the application is filed.
If the above hasn’t put you off maybe you have that elusive brilliant idea. Book a consultation using a patent attorney (any good attorney should provide you with a first appointment at no cost) and obtain cracking! For more information there are numerous great web resources on filing for patents which we won’t try to re-create here.
Several patent help tips – When researching an invention you’ll often must go through existing patent applications to make sure your idea is new. Patents could be many pages long and horribly worded, but generally its only the first primary claim in a patent that is crucial. The rest will simply be lesser claims the patent can fall back to in case the higher claims be overturned or rejected through the patent examiner.
Where there might be ambiguity in a claim the patent description has the ability influence the claims and might therefore have already been deliberately written as a result, so look over the description to see if it tries to provide this.
Patent claims are certainly not exclusive. Simply because claims describes one way of doing something doesn’t mean that it couldn’t be completed differently.
Patents incorporate a detailed description which is generally designed to provide an explanation / instructions of methods the invention could be utilised. Bear in mind that this only needs to cover one specific use of the invention and doesn’t exclude the claims being used in alternative methods.
Claims generally relate to an Apparatus (equipment designed or assembled for the purpose) or a Method (a way of doing something), and quite often patents include both with all the intention that the method claims may be fallen back on if the apparatus claims be rejected.
Interestingly among the aims of patents would be to promote Inventhelp Idea. Whilst blocking other businesses from copying ideas might appear to do the exact 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 using a product they want to produce as well as the existing patent seeming to block it. There is certainly more often than not a way round a patent but the aim is to try to get it done in a manner in which leaves you using a commercial product which still serves its purpose in an affordable way (great patents block this by protecting against each of the economical means of achieving exactly the same thing).
Filing a patent application doesn’t suggest that any searching is going to be done. All of that happens will be the application is filed and due to the once over. It will then be examined in detail with a patent examiner but whether or not the patent is awarded it can be overturned whenever you want if prior art could be proved. If you wish the application to have a amount of commercial value (should your performing it for IP purposes) you should also perform a search. However even so bear in mind that searches are certainly not necessarily as skilled as you may expect and patent office searches will never necessarily search anything besides previous published patent applications and filings. If you are just filing throughout the uk then this UK patent office search will needless to say be the greatest route, but if you are planning to submit internationally bear in mind that searches carried out 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 is likely to imply that individual examiners have the ability to be much more knowledgeable within their specialised areas. You are able to elbgql for third party searches but whilst these are generally often very expensive (£1000 and upwards) they are not necessarily superior to the search the united kingdom patent office provides except if you spend a lot of money (the cost of great britain search is subsidised). The thing to continually remember about searches is the fact that its very hard to quantify a search result. Just because searching didn’t find prior art doesn’t mean that another search won’t.
There is no point giving the patent attorney excessive information. They should write the patent from their knowledge and experience, not from the bad attempt. Here’s what should be ideally provided:-
* Drawings and descriptions from the drawings to get the idea across.
* The benefits of the invention.
* Modifications that are possible to the invention.
* Crucial points and optional points.
* Don’t include tons of existing patents – they’ll only have to read them and will therefore will cost more. 1 or 2 might be helpful though.