Is It An Invention? First things first. You can not patent an idea because you feel you are the first person to come up with it. A patent is there to protect an ‘invention’, not simply an understanding. When you apply for a patent what you are doing is specifying, through text and drawings, how your invention works. In turn for this public release of Inventhelp Wiki, if it really is new the state will grant you exclusive rights to it for 25 years. Therefore in order to patent your idea, its core concept must be explainable in simple and direct terms.
One other reason you can’t just patent an understanding is that it must involve a novel and inventive step. The novel bit is easy but a common misconception is the fact that lots of people think they are able to apply for a patent because they are the initial person to generate the idea. However, when you take a moment for your first meeting having a patent attorney one of the first things they may wish to establish is if your invention is actually an invention. It really is essential to appreciate this, so you don’t spend time considering patenting something which is actually not patentable. A very simple explanation of the ‘obviousness’ test is just as follows: Would a hypothetical skilled person, who knows everything but lacks the slightest spark of inventive ingenuity, develop the same idea when they knew all the prior art (all previous ideas), but had not read your patent application? If the answer is yes in that case your idea is not an invention, its simply the logical implementation of current day knowledge to an alternative problem and thus you can’t patent it.
This is an excellent description in more legal terms of the EU strategy to judging inventiveness (great britain is slightly different): Is there any teaching inside the prior art, in general, that will, not merely could, have prompted the skilled person, faced with the objective technical problem formulated when it comes to the technical features not disclosed from the closest prior art, to modify or adapt said closest prior art while taking account of this teaching [the teaching in the prior art, not simply the teaching in 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 important definition here.
The United States is a bit different to Europe and this inventiveness step is regularly not properly tested or applied, ultimately causing many many patents being granted in the united states which are actually very obvious logical implementation of existing ideas. Most companies have spent huge sums of cash attempting to overturn such patents but although a granted US patent can be overturned its is incredibly rare that a person is. In lots of ways the usa patent product is more akin to what lots of people assume about patents right here, if your the first person think of an idea then you can certainly patent it. The obvious downside is that numerous bad patents happen to be unfairly granted and also have unfairly blocked many others from having the capacity to produce products that must not have already been protected by patents in the first place.
Commercial Value – If you’ve got to here then hopefully you have How To Get Something Patented With Inventhelp that may be patentable. Another tests tend to be completely overlooked in the outset but are also really important. The foremost and most significant is the thing that will an excellent granting of any patent do for you? Patents cost money. Sure you can search and file yourself but its incredibly time-consuming and like several things legal bringing in a specialist, as a patent attorney, is usually a far greater route. Performing the searches and filing your patent application through an attorney will definitely cost a few thousand pounds. Then you possess a relatively short time period before you need to decide if you are intending to file the patent in other countries around the world, which costs more income and should you be filing in plenty of countries the translations could become extremely expensive. Once you’ve got your patent then you have ongoing costs every year to patent offices to help keep the patent active. So whatever it is your trying to patent offers to become worth this from the commercial business perspective (if you are delay by the very thought of having to spend several thousand pounds having a patent attorney is the thing that your doing well worth patenting in any way?).
Many individuals and firms file for patents to gain the IP, in order to then attract investors to help them get their invention forward. If you’ve watched several episodes of Dragon’s Den on the TV this must have become very obvious that investors tend not to take wild risks and if you want someone to invest in your business or idea they have to feel secure in this way. In case you have a patent for recommended that can be commercialised it can often provide exactly this protection for an investor so you happen to be stage even closer to getting them to part using that important cash (you’ll probably have likewise realized that although investors are occasionally not too nice people they have a tendency to only desire to work with nice people!).
Another misconception is the fact when 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 a person infringes on your own patent it is actually right down to one to stop them, typically by spending large sums of income with lawyers and making use of the courts. In the event the infringer is a large company, or several companies infringe your patent you need to be capable of fund the legal action. If your invention is commercial enough then these legal steps is definitely not an issue as you’ll discover the money, win the situation and ultimately get a lot of it back. However if your fighting a big company which has a lot of money to string your legal action for some time is it actually worth it? Will be the idea your seeking to patent commercial enough to warrant this.
There are many smaller companies available that view patenting as a total waste of time and expense and prefer to direct their resources, attention and cash at being the first to market and first to innovate. Should you be one of these as opposed to spending what is lots of your time and expense protecting your idea?
You might be looking to patent your invention to then license it to another company to produce. For twelve months from filing your patent you might have international patent protection and you would like to utilize the first 10 months with this to make sure your idea can be commercialised before being forced to decide on which other countries also to apply in and giving your attorney monthly or two to handle the required work. You need to move bloody fast! If you are approaching big companies they will likely often take a couple of months to return to you before you can even suggest to them the invention and start negotiations. If your accomplishing this 6 – 8 months in their too far gone as they know you might have virtually no time and will often play for time and energy to force you in to a bad business position, or simply just in the hope you wont complete the patent if the twelve months is up. Whilst you can’t tell anyone concerning your invention before you decide to file you patent application you can get round this by asking companies (like us) to sign non disclosure agreements and start work on the progression of your products or services beforehand which means you hit the earth running the moment the applying is filed.
In the event the above hasn’t place you off then perhaps you actually have that elusive brilliant idea. Book an appointment having a patent attorney (anything good attorney should give you a first appointment for free) and obtain cracking! To learn more there are many great web resources on filing for patents which we won’t try to re-create here.
A couple of patent help tips – When researching an invention you’ll often need to read through existing patent applications to make certain your idea is new. Patents can be many pages long and horribly worded, but generally its only the first primary claim in a patent that is crucial. The others will just be lesser claims the patent can fall returning to should the higher claims 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 may therefore have been deliberately written therefore, so look through the description to find out if it attempts to provide this.
Patent claims are certainly not exclusive. Because claims describes a way of doing something doesn’t imply that it couldn’t be completed differently.
Patents incorporate a detailed description which can be generally meant to produce an explanation / instructions of how the invention could be utilised. Keep in mind this only needs to cover one specific utilisation of the invention and doesn’t exclude the claims being used in alternative methods.
Claims generally connect with an Apparatus (equipment designed or assembled for a particular purpose) or a Method (a way of performing something), and frequently patents include both using the intention that the method claims could be fallen back on in case the apparatus claims be rejected.
Interestingly one of many aims of patents is always to promote Patent Help. Whilst blocking other companies from copying ideas might seem to perform the exact opposite, the natural reaction when faced with a patent it to try to work around it. We’ve worked with several companies and done exactly this, having been briefed using a product they would like to produce as well as the existing patent seeming to block it. There is certainly typically a way round a patent but the aim is to try to get it done in a manner in which leaves you having a commercial product which still serves its purpose within 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 imply that any searching will be done. All that happens is the application is filed and due to the once over. It will then be examined in detail by a patent examiner but whether or not the patent is awarded it could be overturned anytime if prior art can be proved. If you wish your application to get a degree of commercial value (should your doing it for IP purposes) you should also do a search. However even then bear in mind that searches usually are not necessarily as skilled as you might expect and patent office searches will never necessarily search anything apart from previous published patent applications and filings. Should you be just filing in the UK then the UK patent office search will obviously be the greatest route, but if you plan to submit internationally keep in mind searches performed for EU or international applications are frequently far more detailed and thorough. This is because you can find a lot more EU patent examiners and this has a tendency to suggest that individual examiners are able to be much more knowledgeable within their specialised areas. You are able to elbgql for third party searches but whilst they are often very costly (£1000 and upwards) they are certainly not necessarily a lot better than the search great britain patent office provides unless you spend a lot of money (the price of the united kingdom search is subsidised). The thing to continually remember about searches is that its very difficult to quantify a search result. Simply because a search didn’t find prior art doesn’t suggest that an alternative search won’t.
There is no point giving the patent attorney a lot of information. They have to write the patent from their experience and knowledge, not from the bad attempt. Here’s what ought to be ideally provided:-
* Drawings and descriptions from the drawings to have the idea across.
* The main advantages 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 need to read them and that will therefore are more expensive. One or two could be helpful though.