Okay, you've got a fantastic idea that all the sufferings of the world - or at least you make millions of $ $ to solve - what do you do? How do you start?
Well, that's the first thing to do everything possible to get your ducks in a row. Start a hard-bound journal and put everything in writing. Draw pictures or diagrams, how does your invention. Date and sign on each side, and you get a person you trust to him and to look dated and signed.
Then get ready to spend some money. Sorry, but it takesMoney to get things going. If your idea is worth something - find out what you can through the process - you should file for a patent.
A patent gives you 20 years from the filing date the right to others from making or selling your invention without having to hold your permission. This gives you time to develop and sell your invention on the market. Believe me or not, the patent may always the easiest part. About 99% is on the development and commercialization of the idea.
ToPatent is best to find it is a registered patent attorney or agent. I know lawyers are sharks. But in this case, their knowledge is through the government bureaucracy to get much faster and easier than your own.
To give you an idea of what you mean to face when entering the patent process, here are some questions to help you get better - maybe.
PATENT FAQ's
Q: What do the terms "patent pending" and "patent applied for" mean?
A:are established by the inventor - or its manufacturer or seller of his product - to inform the public that a patent application with the Patent and Trademark Office have been filed ( "USPTO"). You can be fined if you use these terms, false and deceiving the public.
Q: Is there a danger that the USPTO will give others information contained in my patent application, while it is pending?
A: No, all patent applications are kept strictly secret until the patent is granted. According to the patentissued your file is made available in the USPTO file information, room for inspection by any person and copies of the files can be purchased from the USPTO. (Files, documentation is space, where researchers go to prepare their patent research - are required to complete a patent application)
Q: Can I write directly to the USPTO to my application after they are charged?
A: The USPTO will answer questions regarding the status of the application, whether it has been rejected, allowed, orpending action. BUT, if you are a lawyer, you will not correspond to the office with both of you. The best approach is to be forwarded for all the comments by your attorney. Another thing - there may be some time before you will take your application assigned to an examiner, and what will happen as an "office action". Patience is required.
Q: Did you actually go to the USPTO in order to do business with them?
No, most transactions with the USPTO in writing and byCorrespondence. Interviews with the examiners are sometimes necessary (and sometimes helpful), but many of them are done by phone from your lawyer. The cost of a trip to DC is rarely necessary.
Q: If two or more people work together, to an invention which has been awarded a patent do?
A: If each person had an interest in the ideas forming the invention, they are as common inventor and a patent is issued jointly, if they can afford through the application. BUT, if a personprovided that all the ideas for the invention - and the other person (s) only followed instructions in making the invention, the person would be with the ideas as the inventor - that is, the patent application and patent to his or her name alone.
Q: What happens when a person gives any ideas to make an invention - and another person, either employed him, and / or comes with the money to build and test the invention - the patent application should be submittedhave in common?
A: NO. The application shall be signed by the true inventor - and filed with the USPTO on behalf of the true inventor. This is a time is money does not count. It is the person with the ideas - and not the employer - not the money to the people - that is granted the patent. When will the greedy bloodsucking, viperous, money-hungry, creative non-money help a man or a boss of a part of the invention, he would have received his power through a contract or a license to an invention - and not the patentthemselves.
Q: Does the USPTO control the fees of patent attorneys and agents pay for their services?
A: No, this is purely a matter between you and the attorney or agent. The fees vary, as well as attorneys and agents. You should feel comfortable with your choice. It would be best to ask ahead of estimates on charges for: (a) a patent search, (b) The drafting of a patent application, (c) plans to accompany the application, and (d) monitoringApplication before the USPTO. (Note: A lawyer can only estimates. The cost of the search and the use of drawings is quite good definable front. But the prosecution stage depends on the examiner and that he does not like about your application. It can change the must be made (expected at least one), and sweating out the negotiations that all the time and effort from the lawyer)
Q: Will the USPTO help me to do a lawyer or representative, mySearch or preparing my application?
Do not make A: No. The USPTO that choice for you. The Office maintains a list of registered attorneys and agents. Also, some bar associations have lawyer referral services that can help you. If you have a general power of attorney, although he can not help you directly if he is not a registered attorney with the USPTO, it may, with a reference to help you.
Q: Will the USPTO me if a certain company is reliable advice and supporttrustworthy?
A: No. The USPTO has no direct control over these organizations. While the USPTO does not investigate complaints about invention promoters and promotion firms - or any legal proceedings relating to such companies to participate - it is a public forum for complaints against such companies to publish. The protection, promotion of business you patent is set out in the laws passed in 1999. These companies have a specific support to provide information under this Act.
Q: Are there anyOrganizations that can tell me how and where I can be able to get some assistance in developing and marketing my invention?
A: Yes. Organizations in your community - such as chambers of commerce and banks - can help you. Many communities have locally funded business incubators and industrial development organizations, which help you to locate the manufacturer and vultures can (I mean venture) capitalists, who help you might be interested. Do check your homework - to check- check and be careful. Q: Are there any government agencies that can help in the development and marketing my invention?
A: Yes. Almost all states have to seek state planning and development agencies or departments of commerce and industry that new products and goods to produce, or to support existing processes to manufacturers and municipalities in the state. Many of these agencies are online - or at least have telephone listings in pounds. If all else fails - you write your standGovernor's Office.
Q: Can the USPTO assist me in developing and marketing my invention?
A: No, the USPTO can not act or advise on all business transactions or arrangements that are involved in the development and commercialization of an invention. They are the fact that your patent for licensing or sale published in the Official Journal here - at your request and fee.
Q: How do I start?
A: First, of course, you must have an idea. ThenIdea is to be placed in a mold, so that at least one person in the field of invention relates to the effort to be understood that the experienced. This is usually a written description and drawing. Whatever it takes to explain the invention.
The next step is a patent search - to see if someone else with a similar idea has come up to. A lot of times, this is the case. And a lot of time, your idea might not be enough of an improvement to be unique enough for a new patent. There areSearch companies available - and most patent attorneys have access to their own favorites. It is best to oblige, only to the patent search at first. You sign a contract for something else just in case the search for your invention is no way to find "new" to "not" and "obvious."
If the search report, looks good (look out for the hype artists), it is time for commitment. Choose your lawyer and let him fly.
It is possible to file a patent application itself - butreally - it is like you in a restaurant in Paris, France, is, and try to order the menu. unless you know and speak the language, you will not get what you want. In the case of a patent, the USPTO will you get out - even if your invention is great - not because the request to speak their language.
© 2006 Gary Cogley
