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Patent A Design In 7 Steps

In this article we cover the much asked question of how to patent a design. Design patents are granted for designs that are new, ornamental in nature and applied to an article of manufacture. They cover the aesthetic aspects of an article only, as opposed to utility patents, which cover an article’s function and utility.

A design patent will grant you the right to exclude others from making, using or selling your design for a term of 14 years.

To patent a design, you must know and follow the rules and procedures of the Patent and Trademark Office. Though it is not required, it is advised that you employ a registered patent attorney or knowledgable agent to help you obtain the most effective protection for your design.

7 Steps To Patent A Design

If you care to go it alone, you may follow the steps below as a guideline:

Step 1

Filing a provisional patent application is the first step to patent a design. A provisional patent application will give you twelve months protection for your design while you complete the application for the full patent.

Step 2

Perform a patent search. The law requires that a design be new and innovative. The purpose of the patent search is make sure that your design is in fact new and that it has not already been patented. You may perform a patent search yourself through the United States Patent and Trademark Office (USPTO) website, but you are advised to hire an experienced and competent attorney or agent to perform the search for you.

Step 3

Prepare drawings of your design. The drawings must depict your design from all perspectives and must be in black and white only, unless you file a formal petition to submit color drawing or photographs. These drawing are extremely important to your application and should be prepared by a draftsperson who specializes in preparing patent drawings.

Step 4

Write your application. The written part of the patent application must include a general description of your design, references to any known “prior art” found in the patent search and a “claims section” which includes the drawings and a single “claim”, which describes in detail all aspects of your design. See the USPTO website for the full list of documents and statements needed with your application in order to write the application to patent a design.

Step 5

File your application with the USPTO. The completed application must be filed along with the appropriate filing, examination and search fees. You may file you application via postal mail or electronically through the USPTO’s electronic file system (EFS). Once your application and all fees are received, you will receive an application number and a filing date. Your application will then be reviewed in the order of your filing date.

Step 6

Re-submit your revised or amended application. It is highly likely that your application will be rejected the first time you submit it. This is not uncommon. You will, however, receive comments or recommendations from the patent examiner to help you make the necessary revision to your application. Once these changes are made, resubmit and continue this processing of revisions until your application is approved.

Step 7

Receive your patent. Once your application has been approved and all objections overcome, you will receive a Notice of Allowance and Fee(s) due. This notice informs you that your application for a design patent has been allowed and that you are able to pay the required issue fee and be issued your patent.

Patent and Trademark Office

Again, in order to patent a design you must follow the rules and procedures required by the Patent and Trademark Office. These rules, along with of the required forms, can be found on the USPTO website. You may complete the documents and file your application yourself.

However, there is no guarantee that the patent you ultimately obtain by yourself will be adequate enough to prevent others from copying your design. For this reason, you would be well advised to employ a registered patent attorney or agent to help you receive the most effective protection for your design.

Good luck, we hope you’ve now got some practical know-how to patent a design.

February 4, 2013
The Inventor’s Bible Book Review

Title: The Inventor’s Bible: How to Market and License Your Brilliant Ideas

Author: Ronald Louis Docie Sr.

Cost: $15.99 At Amazon

Book Review

Clocking in at 376 pages, substantially longer than many similar books, this “Inventor’s Bible” begins with chapters on how to commercialize your general concept into a marketable product, formulating a strategy for obtaining patent protection, doing market and industry research and test marketing to fine tune a product concept, and how to go about the licensing process, including the important role that the use of disclosure agreements, properly drafted, can play in being able to present your invention or idea to companies without having it be stolen. Each chapter ends with a case study, making the general concepts clear in a living way.

The Inventor’s Bible also discusses an often neglected topic—the fact that ultimately, you often can no longer do it alone in today’s market. A chapter entitled “Victory through Teamwork” contains a frank discussion of when it is essential to use professional help in obtaining patent protection, effectively communicating your invention, and responding proactively to possible patent infringement. It also examines how to go about the search to find and hire the best competent professionals to be on your “team.” An appendix contains a number of useful charts, an overview of the patent process, criteria to evaluate your invention, and a boilerplate disclosure agreement that can easily be modified and used.

A section towards the end labeled resources is by itself worth the relatively modest price of this substantial book, covering essential information on government contracts and programs, conducting patent searches, other valuable publications for inventors, information about trade shows, and resources for small businesses generally.

The Inventor’s Bible comes in both paperback and ebook editions. A terrific 74-page workbook presented at the very end summarizes in many ways the steps outlined in more detail throughout the text and guides the user step by step through the process of transforming your invention or concept into a viable and marketable product. There is very useful contact information for both manufacturers and distributors whose participation can mean all the difference between a runaway good seller and a product that, despite any inherent great potential just sits on the shelf unnoticed.

Make no mistake about it—this is a book for the inventor who is ready to get down and dirty and get serious about making money with their idea. It is not for the idly curious or the dilettante unwilling to put in some serious effort and apply some serious thought. For those willing to put in the time and effort, it is likely that the rewards will come, provided of course, that the initial invention or concept was worthy of being marketed.

The Inventor’s Bible could have benefited from a more det ailed discussion of publicity, advertising, and public relations, those essential elements to creating a buzz about a product and making a new product something that the consumer has to have and believes he really needs, even if there was no real “need” for it before.

(Available in both Paperback and Kindle editions)

February 4, 2013
How To Copyright An Idea
In this article we talk about how to copyright an idea. Have you a written a new ebook that you would like to distribute or a new song that you would like to publish? Do you have an idea for a movie script that you would like to shop around? Have you developed a new app for smart-phones that you would like to sell online?

You understand that to protect your ideas from being “stolen” before you get the chance to reap the financial benefits of your creative expression, you need to copyright your ideas. However, intellectual property laws have always confused you and spending money on an attorney, to help you through what you truly believe should be a simple endeavor, is out of the question.

Luckily for you, once you get past the rhetoric, it is truly simple to copyright an idea. Below, we will discus various aspects of copyright protection and how to obtain a copyright.

So Can You Copyright An Idea?

A copyright protects the original expression of an idea. Such as, the way a book is written or the way a dance is performed, not the ideas they express.You cannot copyright an idea per se. You must first convert that idea into something tangible. This means by writing it down or recording it.

Requirements For Copyright

To receive a copyright, your idea must meet these two requirements:

1. The idea must be original, meaning not copied from someone else

2. The idea must be reduced into a tangible form of expression, which can be reproduced or otherwise communicated, such as on paper, cd, dvd or similar.

What A Copyright Does

A copyright grants you the exclusive right to reproduce, sell or distribute your idea. This is more accurately a “negative right” to prevent others from reproducing, selling or distributing your idea.

What a Copyright Protects

Copyright protects written works, musical scores and lyrics, dramatic works, choreographic works, pictorial, graphic and sculptural works, motion pictures and other audio visual works, sound recordings and architectural works.

What a Copyright Does Not Protect

Copyright does not protect ideas (such as insights, facts and statistic), patentable subject matter, names, titles, short phrase and slogans, familiar symbols or designs, list of items (as opposed to explanations), oral works which are not reduced to tangible form (such as speeches or vocal performances) or works consisting of common property (like the the standard calendar).

How To Copyright An Idea

Copyright is automatically secured when a work is created. No further notice or registration is required. However, there are certain advantages to registering a copyright. Some of these advantages are as follows:
1. Registration provides a public record of your copyright
2. If you register within the first 5 years of the publication of your idea, your registration will be considered prima facie evidence in a court of law.
3. If you happen to win that court case, a registered work makes you eligible to receive statutory damages and attorney’s fees.
How To Register A Copyright

You may register at anytime during the life of your copyright. To do so, visit the Library of Congress website, download and fill out the appropriate form for the type of work you wish to register. You then need to mail the it back to the Library of Congress along with a copy of your work and the appropriate registration fee.

Alternatively, to receive a lower filing fee, faster processing time and other advantages, you can register your work online through the Library of Congress’ electronic Copyright Office (eCO).

In summary, to copyright an idea you need to 1) reduce your original idea into tangible form, 2) make sure it is eligible for copyright, 3) visit the Library of Congress website, 4) fill out the appropriate form, 5) deposit a copy of your work and 6) pay the registration fee. It’s as simple as that.
February 3, 2013
Patent Licensing: How To Monetize Your Ideas
In this article we provide a brief discussion of patent licensing as an attractive way for inventors to monetize their patents.

You have created a new invention and you have spent a lot time and a considerable amount money obtaining a patent for it. What’s next?

Well, you probably want to be rewarded for the many hours you spent developing your invention, and you would most likely want to recoup the thousands of dollars you spent obtaining the patent.

The solution then is to monetize or make money from your patent and the underlying invention.

Monetizing Your Patent

There are three basic ways you can monetize your patent:
1. By entering into some entrepreneurial venture involving your invention. For example, you may manufacture and market your invention, or employ it in some service related business.
2. By assigning or selling your patent and underlying invention to a third party for a financial gain.
3. By collecting royalties from patent licensing.
The decision ultimately depend on how you want to make money. For those who are business-minded, the first option may be the most appealing. With this option the potential financial rewards are greater, but so too are the risks.

For others, however, the second and third options may be the easiest and most economical routes to monetizing their patent. With these two options, someone else assumes all of the business risk, while you, the inventor, get paid comfortably just for being an inventor. The rest of this article will focus on the last of these options, patent licensing.

Patent Licensing

Besides a patent holders ability to exclusively manufacture and offer for sale his invention, the most common way to monetize a patent is through patent licensing.

A patent license is an agreement in which the patent holder, called a “licensor“, grants to a third party, a “licensee“, the right to commercially exploit a patent and the underlying invention. A patent license establishes the conditions under which a licensee may exploit the patent and the obligations with which the licensee must comply. Like other contracts, a breach of the obligations set forth in a patent license may result in the termination of the agreement and the return of the exploitable rights to the licensor. Thus, a patent license is revocable. This is in contrast to the second option above, where the patent holder sells or assigns his exploitation rights irrevocably.

In return for granting the patent license, the licensor receives a series of payments over a specified period of time, usually the life of the licensing agreement. These payments are called “royalties”. A licensee’s failure to pay royalties would be considered a breach of obligations and will usually result in the termination of the license agreement. If this occurs, the licensee loses his right to exploit the patent and the licensor may choose to license the rights to someone else. This acts as an excellent deterrent against the breach of royalty obligations and makes licensing particular attractive to patent holders.

Advantages of Patent Licensing

Some of the other advantages of patent licensing include:

– Low cost. Typically the only costs incurred when licensing a patent is for presenting and marketing to potential licensees and negotiating deal.

– Transference of risk. The licensee assumes all of the business risk.

– Freedom. An inventor is free to pursue other ideas while still profiting from his invention.

Disadvantages of Patent Licensing

A couple of the perceived disadvantages of patent licensing are as follows:

– Low rate of return. Royalties typically range from 2% to 10% of the net revenues. Compared to the potential rewards from entrepreneurial endeavors, this may seem miniscule.

– Risk of bad deals: A bad licensing deal can tie up your patent for an extended period of time and may result in expensive legal battles over royalties.

That being said, the route you take to monetize your patent should depend on your personal desires, resources and know-how. If you are simply an inventor and do not possess the the means to finance an entrepreneurial endeavor or the business acumen to make it succeed; or you simply wish to receive an income stream from the exploitation of your patent, without bearing any of the business risks, patent licensing may be your best option.
February 3, 2013
10 Things That Should Be Invented

Yes there are plenty of existing inventions in the world, many of which we may never have a use for (such as pet sunglasses). But that doesn’t mean we should limit our imaginations and hold back on new things that should be invented. Some of these are actually in progress, others are distant dreams, and some are just plain wacky.

So here is our list of 10 things that should be invented:

1. Dream Recording Device

The average person has between 4-7 dreams per night. But most of them are not remembered, or forgotten moments after waking. So wouldn’t it be nice to be able to record your dreams and play them back in 3D High Definition the next day? Imagine if you could simply set your dream Tivo to activate when it picks up that you are in REM Sleep (where dreams come from).

You could even filter them by category: funny, scary, adult-rated, and so forth. If your dream is really good then you could upload it to YouTube or broadcast it, or even produce a movie about it.

Of course there are many dreams that you may not want to remember, so the dream recording invention would simply delete it.

2. Self-Cleaning Clothes

This invention’s not too far away, and is likely to appear in our lifetime. Engineers in China have invented a method to get clothes to self-clean themselves when exposed to sunlight. All thanks to nanotechnology.

So instead of wasting time washing your clothes, you could simply go for a walk in the park. Good exercise and clean clothes all in one.

By why not tae this invention a bit further. Non-creasing clothes. Besides not cleaning your clothes ever again, you wouldn’t need to iron them either. An hour a day saved at least.

3. Instant Food

Imagine having a Netflix for food? You see a screen displaying a menu that allows you to select from thousands of dishes, as well as any fast food joint you can think of. Hungry for a Big Mac but don’t feel like collecting it? Just select it from the menu and have your 3D Printer print it for you. Want to snack on an artistically shaped pastry that tastes exactly like the one from a patisserie in France? Your 3D Printer will print it for you in under a minute. Delicious.

4. Permanent Puppies

Puppies are cute (by design). That’s why we all fall in love with them (we are programmed to look after something cute like a puppy or a baby). But after a while they grow up. We still love them but they’re not nearly as cute. So we get another puppy or kitten and the cycle continues.

So how about inventing a breed of dog that never grows up? A permanent puppy.

It stays small, cute and adorable all its life. But you still have to feed it (it’s not a toy).

5. Wound Healing Cream

Surely one day they’re going to invent a way to heal cuts and wounds significantly faster. Some kind of material that you just rub onto a wound (or a super-plaster of sorts), and within minutes the wound is healed and there are no scars.

It would have to involve a highly anti-bacterial substance, as well as a means to keep the wound moist, and a means to repair the skin and close the wound.

6. The Cure For The Common Cold

Here’s one that we all can hopefully agree upon. We’re living in the twenty-first century, and yet there is still no cure for the common cold. A cold brings you down: it makes you snivel and sniff and all congested for days.

And no one wants to get near you. There’s nothing pleasant about it. So surely one of the things that should be invented, and fast, is the cure for the common cold.

I mean how difficult can this be? Far more difficult things have been discovered before!

7. Infinitely Flavorsome Chewing Gum

So you’re chewing your gum. Chewing and chewing. You’re really enjoying the flavor: it’s fresh, pungent, rich and sometimes even a bit spicy. And after a few minutes it’s gone, evaporated. You might as well be chewing on a piece of rubber; it tastes just the same. That’s why we say that someone should invent infinitely flavorsome chewing gum.

You can chew for hours if you like, and it will still have exactly the same flavor on the 100th minute as on the first.

Scientists, get chewing on this idea.

8. Batteryless Devices

One of the most painful things in the world is your mobile phone going dead. Especially when you’re out, with no access to a charger, and you need to receive a text or make a phone call. And smartphones are particularly bad at battery life. The problem is the very concept of the battery that requires an external electric power source to charge it.

In fact scientists are working on this very thing. A team from Georgia Institute of Technology have invented a way for devices to self-power based on body movements. This would be perfect for medical devices that are embedded inside the body, but also for mobile phones, radios and other things that require constant charging.

9. Non-Hangover Alcohol

Not sure how well this one would fly; some people love bragging about how drunk they got the night before. But others would love to enjoy alcohol without feeling incredibly hung-over the next day.

So imagine if they came up with a substance that could be added to the alcohol that had absolutely no effect on the taste, but made you feel all jolly and well-rested the next day.

Problem with this is that it might encourage people to drink even more. Hmm…let’s move onto the next one.

10. Oxygen Particle Extractor

Ok I’m not sure how possible this is. But that’s the whole point of being inventive and creative: it’s to go beyond the possible. So this idea is a means to prevent the need to have a cumbersome and heavy oxygen tank with you when you dive in the ocean. Besides that, there’s always the worry that it might run out.

So the idea is this: extract, in real time, the Oxygen particle from the Hydrogen particles as you breathe it in. This allows you to stay underwater for as long as you want, without worrying about having to come up (ok you’ll need to come up at some point, I guess).

In Conclusion

Well that’s it folks, the 10 things that should be invented. We hope that gets your imagination buzzing.

January 31, 2013