Is It An Invention? First things first. You can not patent an idea because you believe 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, the way your invention works. In return for this public release of Inventhelp Products, 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 must be explainable in basic and direct terms.
The other reason you can’t just patent a concept is it must involve a novel and inventive step. The novel bit is easy but a common misconception is the fact that many people think they could make application for a patent because they are the initial person to generate the thought. However when you take a seat for your first meeting having a patent attorney one of the first things they may wish to establish is if your invention is really an invention. It really is important to understand this, so that you don’t waste time looking into patenting something which is actually not patentable. A simple explanation of this ‘obviousness’ test is just as follows: Would a hypothetical skilled person, you never know everything but does not have the slightest spark of inventive ingenuity, develop exactly the same idea if they knew each of the prior art (all previous ideas), but had not read your patent application? If the correct answer is yes in that case your idea is not really 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 great description in legal relation to the EU strategy to judging inventiveness (the united kingdom is slightly different): Can there be any teaching within the prior art, as a whole, that could, not merely could, have prompted the skilled person, faced with the objective technical problem formulated when considering the technical features not disclosed through the closest prior art, to change or adapt said closest prior art while taking account of this teaching [the teaching of the prior art, not simply the teaching of the closest prior art], thereby reaching something falling in the regards to the claims, and thus achieving what the invention achieves? It’s the “would, not merely could” which is the important definition here.
The Usa is different to Europe and actually this inventiveness step is regularly not properly tested or applied, resulting in many patents being granted in america that are actually very obvious logical use of existing ideas. A lot of companies have spent huge sums of income attempting to overturn such patents but although a granted US patent can be overturned its is incredibly rare that certain is. In lots of ways the united states patent product is more akin to what lots of people assume about patents over here, if your the initial person develop an understanding then you can certainly patent it. The most obvious downside is that lots of bad patents have been unfairly granted and possess unfairly blocked many more from having the capacity to produce products which should never have been protected by patents to start with.
Commercial Value – If you’ve got to here then hopefully you might have Inventhelp Wiki that may be patentable. The following tests tend to be completely overlooked on the outset however are also important. The foremost and most important is exactly what will an excellent granting of the patent do to suit your needs? Patents cost money. Sure you can search and file yourself however its incredibly time-consuming and just like all things legal attracting an expert, by means of a patent attorney, is normally a better route. Performing the searches and filing your patent application via an attorney will cost a few thousand pounds. You then possess a relatively short time before you have to decide if you are intending 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 can become very costly. Once you’ve got your patent you then have ongoing costs every year to patent offices to maintain the patent active. So whatever it is your looking to patent offers to be worth this coming from a commercial business perspective (in case you are delay by the idea of being forced to spend several thousand pounds with a patent attorney is the thing that your doing well worth patenting whatsoever?).
Many people and firms apply for patents to achieve the IP, so that they can then attract investors to assist them place their invention forward. If you’ve watched several episodes of Dragon’s Den on the TV then it should have become very obvious that investors tend not to take wild risks and if you would like someone to purchase your company or idea they have to feel secure in doing this. If you have a patent for recommended that can be commercialised it is going to often provide exactly this protection for the investor so you happen to be stage closer to getting these to part with that important cash (you’ll probably also have noticed that although investors are occasionally not very nice people they have a tendency to only desire to work with nice people!).
Another misconception is that when 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 the patent it is actually as a result of one to stop them, typically by spending large sums of income with lawyers and using the courts. When the infringer is actually a large company, or several companies infringe your patent you should be in a position to fund the court action. In case your invention is commercial enough then these legal steps will never be a difficulty as you’ll find the money, win the situation and eventually get a lot of it back. However, if your fighting a big company which has a lot of money to string from the legal action for a long time could it be actually worth it? Is the idea your trying to patent commercial enough to justify all of this.
There are many smaller companies out there that view patenting as a complete waste of time and expense and would rather direct their resources, attention and money at being the first to market and first to innovate. In the event you be one of them as opposed to spending what is a lot of your time and money protecting your idea?
You might be seeking to patent your invention to then license it to another company to generate. For 12 months from filing your patent you may have international patent protection and you would like to use the first 10 months of this to ensure your idea could be commercialised before needing to decide on which other countries also to apply in and giving your attorney monthly or two to handle the essential work. You need to move bloody fast! Should you be approaching big companies they will often take several months to return to you before you can even suggest to them the invention and commence negotiations. In case your doing this 6 – 8 months in their too late as they know you may have virtually no time and will often play for time to force you right into a bad business position, or simply with the hope you wont complete the patent when the 12 months is up. When you can’t tell anyone concerning your invention before you decide to file you patent application you will get round this by asking companies (like us) to sign non disclosure agreements and start work on the growth and development of your product or service in advance so that you hit the floor running the moment the applying is filed.
When the above hasn’t put you off maybe you actually have that elusive brilliant idea. Book a consultation with a patent attorney (any good attorney should provide you with a first appointment at no cost) and acquire cracking! For additional information there are many great web resources on filing for patents which we won’t attempt to re-create here.
A few patent help tips – When researching an invention you’ll often need to read through existing patent applications to make sure your idea is completely new. Patents can be many pages long and horribly worded, but generally its just the first primary claim in a patent which is crucial. The others will simply be lesser claims the patent can fall back to should the higher claims be overturned or rejected through the patent examiner.
Where there could be ambiguity in a claim the patent description has the ability influence the claims and could therefore have already been deliberately written as such, so look over the description to determine if it tries to provide this.
Patent claims usually are not exclusive. Simply because a claim describes one way of doing something doesn’t imply that it couldn’t be done differently.
Patents incorporate a detailed description which is generally meant to offer an explanation / instructions of how the invention might be utilised. Be aware that this only must cover one specific use of the invention and doesn’t exclude the claims being utilized in other ways.
Claims generally relate with an Apparatus (equipment designed or assembled for a particular purpose) or a Method (a means of accomplishing something), and often patents include both with all the intention the method claims could be fallen back on if the apparatus claims be rejected.
Interestingly one of many aims of patents is always to promote Inventhelp Invention Ideas. Whilst blocking other businesses from copying ideas might appear to do the precise opposite, the natural reaction when confronted with a patent it to try and work around it. We’ve dealt with several companies and done exactly this, having been briefed using a product they want to produce and also the existing patent seeming to block it. There is certainly more often than not an easy method round a patent but the aim is to try to practice it in a way that leaves you with a commercial product which still serves its purpose inside an affordable way (great patents block this by protecting against all of the economical means of achieving the same thing).
Filing a patent application doesn’t imply that any searching will likely be done. Everything that happens is the application is filed and given the once over. It can then be examined in more detail with a patent examiner but even when the patent is awarded it can be overturned anytime if prior art may be proved. If you would like the application to have a degree of commercial value (should your doing it for IP purposes) you should also perform a search. However even so keep in mind searches are certainly not necessarily as skilled as you may expect and patent office searches is not going to necessarily search anything other than previous published patent applications and filings. In case you are just filing in the UK then this UK patent office search will of course be the greatest route, but if you are planning to submit internationally bear in mind that searches performed for EU or international applications are frequently far more detailed and thorough. The reason is that you will find far more EU patent examiners which tends to mean that individual examiners can be considerably more knowledgeable in their specialised areas. You are able to elbgql for alternative party searches but whilst they are often very costly (£1000 and upwards) they are certainly not necessarily a lot better than the search the UK patent office provides until you spend lots of money (the price of great britain search is subsidised). One 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 imply that another search won’t.
There is not any point giving the patent attorney excessive information. They should write the patent using their experience and knowledge, not from the bad attempt. Here’s what ought to be ideally provided:-
* Drawings and descriptions from the drawings to obtain the idea across.
* The benefits of the invention.
* Modifications which can be easy to the invention.
* Crucial points and optional points.
* Don’t include loads of existing patents – they’ll only need to read them and that will therefore will cost more. 1 or 2 may be helpful though.