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How to Patent a New Invention

You have just created a brand new gadget, it’s innovative, extremely useful and everybody is dying for one. But before you can turn your new invention into millions of dollars, you need to protect it from being stolen by other would be millionaires. To do this you need a patent. But wait, you don’t have the small fortune that it sometimes takes to patent a new invention.

While there is very little you can do about the filing fees that must be paid in order to patent a new invention, you can save thousands of dollars in attorney fees by applying for a patent yourself.

While the patent process is not for the faint-of-heart, in most cases it it highly possible to go it alone. In fact, it is a little known truth that patent examiners at the United States Patent and Trademark Office (USPTO) are required by federal law to assist individuals who are applying on their own. This article discusses the basic steps you need to take to patent a new invention.

Patent A New Invention Basics

1) Determine if your New Invention is Eligible for a Patent

To be eligible for a patent an invention must be novel. This means that it must be new and something that has not been known before. It must also be more than just an obvious improvement on what existed before, it must result from a notably inventive process. Finally, it must be able to be manufactured and do what you claim it does.

2) Perform a Patent Search

In order to make sure that your invention is new and has not been known before, you need to perform a patent search. A patent search is a search of all earlier developments in your field. This means a search of prior patents, domestic and foreign, as well as published literature, such as scientific and technical journals.

You can perform an online search of patent libraries yourself or employ a professional to do the searching for you. Either way, your application will need to address how your invention differs from any similar invention that comes up in your patent search.

3) Determine Which Kind of Patent Your Invention Requires

There are three categories of patents, utility patents, design patents and plant patents. Utility patents protect the functional aspects of an article, while design patents only protect an article’s aesthetic features. Design patents are cheaper and much easier to obtain than utility patents. However, utility patents offer much broader protection for your invention. Plant patents are the third category of patents and are issued for new asexually reproduced plant species.

4) Determine How You Want to File

There are three options for filing a patent application. You can file a provisional patent application, a non-provisional application or an international application.

Provisional applications are valid for 12 months and are easier and cheaper to obtain. However, you must file a non-provisional application within 12 month of filing your provisional application or risk loosing your filing date and possibly the chance to ever receive a patent on your invention.

A non-provisional patent application is the basic, full-blown patent application for new inventions in the United States and will grant the applicant 14 – 20 years of protection, depending on the type of patent granted and the filing date.

An international patent may be applied for via the Patent Cooperation Treaty (PCT), which allows an applicant to receive patent protection in numerous countries by filing a single application, at a single patent office. Not only is this convenient, but it can save an applicant huge amounts of time and money.

5) File your application with the USPTO

Once you have prepared your application in the manner required by USPTO, including a description of your invention and a “claims section”, you are ready to submit your application. You may submit your application, along with the appropriate filing fee(s), through the mail or electronically through the USPTO’s electronic filing system (EFS). Filing your application via EFS is considerably cheaper than paper filings and offers various other advantages.

Depending on the kind of application and the technology involved in your invention, it may take one to three years for your patent to be granted. Once it is granted, you will have the right to prevent others from making, using, selling or importing your invention, while you alone enjoy the exclusive right to profit from it.

Patent protection is often necessary to protect a new invention from being appropriated by others before you can exploit its financial possibilities. Though not for everyone, it is possible to save a considerable amount of money in legal fees by patenting your invention on your own. This article provides only basic information on how to patent a new invention. For more detailed instructions see the USPTO website.

March 18, 2013
Review: Complete Idiot’s Guide to Cashing In On Your Inventions

Title: The Complete Idiot’s Guide to Cashing In On Your Inventions (2nd Edition)

Author: Richard C. Levy

Price: $12.31 (Amazon)

In all honesty, and in the interests of full disclosure, I have to confess that something has always rubbed me the wrong way about the “Complete Idiot’s Guide” series, that, much like the rival “For Dummies” seemingly endless series of books seems to put down its intended audience by its very titles. I’m no “complete idiot” or “dummy,” even if there are things I need to become more informed about, and these titles always seemed to imply some lack of innate intelligence, rather than merely an ignorance of a particular subject matter.

That being said, I’ll have to admit, after perusing this book, that it does take care of business and explains what the novice inventor needs to know in a readable and understandable manner.

If you’ve read any book in this series, you know about the lively and graphically entertaining format, and the way i n which things are carved up into bit size chunks, with lots of little useful details that would otherwise take endless hours to compile. The book is divided into 23 chapters and each chapter into very subject specific subsections. It concludes with a glossary, agreement templates, and a listing of resources.

The chapters on patents and other intellectual property subjects are far more detailed than in many similar books, and cover conducting patent searches for prior art, applying for utility patents, plant patents, design patents, branding a product or line of products, trademarks and trade secrets, copyrights and the patent examination process at the federal level. There may be portions of some of this you may want to skim if it is not immediately applicable to your situation, but the book makes a handy reference work for later reading on such subjects when needed.

The author, Richard C. Levy, is a noted innovator in the realm of toys and games, and is the creator of the popular Furby toy and such games as “Chicken Soup for the Soul,” “Advertising,” and “Men Are From Mars, Women Are From Venus.” It is no surprise then to find that he has a lot of practical advice to offer about the devising of toys and games, while not limiting the book’s horizons to that narrow a class of products. He goes into fairly elaborate detail about the importance of creating models, mock-ups and prototypes.

The discussion on how to find a licensing partner and how to present and promote your concept are also very useful and leave little to the imagination, including the use of presentation software like PowerPoint and the use of Skype or similar video conferencing software to make presentations and answers questions from a distance when it is not possible or practical to be there in person.

The chapter on “Negotiating You Deal” is excellent, and includes the whimsical “Levy’s 10 Commandments of Contract Negotiation,” some of which the author admits to having paid a price to learn. The financial nitty-gritty of advances, royalties, guarantees and options are all addressed as is the issue of who pays for the process of obtaining patents and trademarks and in whose name they are held.

In the end, I have to acknowledge that this is a well-written, information packaged, and beneficial book for inventors.

I just still wish they would call it something like “The Intelligent Person’s Guide to Cashing In On Your Inventions!”

(Available in Paperback and Kindle from Amazon)

February 21, 2013
How To Perform a Free Patent Search
So you have created something fantastic but you don’t know if your invention is original enough to qualify for a patent. Before you spend hundreds (maybe thousands) of dollars submitting a patent application, you need a patent search performed to see if someone else has already patented your idea.

You may be put off, however, by the $500 or more (often much more) that it traditionally costs to hire a professional to do the search for you. Well, here is the solution – do a free patent search yourself.

Previously, cash-strapped patent applicants would be deterred from performing a patent search by the cost of hiring a professional. Today, thanks to the internet, you can easily perform your own free patent search without spending any money at all. The only requirements are a reasonable amount of patience and effort and an internet connection.

What follows is a brief overview of the recommended steps to perform a free patent search on the United States Patent and Trademark Office (USPTO) website. We start with the USPTO website because if someone else has already patented your idea in the United States, it should most likely show up here.

On the USPTO website you can find U.S. Patents from 1976 to present, published U.S. Patent applications from 2001 to present and perform bibliographic searches of all patents from 1790 to present. In addition, you can view, print and download any patent issued before 1976. It is important to note, however, that unpublished patent applications are unable to be searched at all.

If you don’t have an internet connection (which is unlikely are you’re reading this article), you can use the tools and resources available at a Patent and Trademark Depository Library (PTDL). A PTDL is a library designated by the USPTO to house copies of U.S. patent and trademark materials. There is at least one PTDL in every state and access is free to the public.

Getting Started at the USPTO

Before you get started with a free patent search, you may want to take some time to go over the resources available on the USPTO website. The USPTO has a tutorial here that can help you prepare to perform a free patent search on the site.

Searching the UPTO website

Step 1) Classifying your Invention

Before you even begin a free patent search, brainstorm important keywords that classify your invention. It may help to begin by writing a brief but accurate description. Pay attention to important keywords and technical terms that may apply to your invention. Use the following questions as a guide:
- What does it do?
- How does it do it?
- What is it used for?
- What is it the result?
- What solution does it provide?
- What is it made of?
In addition, it may also help to order your keywords from general to specific.

Next, visit the USPTO website and look up your keywords in the Index of the U.S. Patent Classification System (USPC). The USPC is an alphabetical index of common terms used to classify inventions. Take note of the class and subclass numbers that your keywords are associated with. These numbers are also known as “classifications” and will be very important to your search.

Now, go to the Class Schedule of the Manual of Classifications and make sure that the classifications that you noted are indeed relevant to your invention. Thoroughly scan each class schedule for relevancy, including both the main class and the indented subclasses. Read the class and subclass definitions. This will help you verify that your invention fits within the scope of the relevant class. The definitions will also provide you with notes and suggestions for further searching.

Step 2) Locating the Patents

Once you have identified the classes and subclasses that are relevant to your invention, use them to locate and review all the issued patents and published patent applications for each classification. Every patent from 1790 to present and all published patent applications from 2001 to present, for every classification, can be found here.

Step 3) Review and Reference

Review every patent that is closely related to your invention. View the drawings and read through the specification and claims sections. Pay very close attention to the claims, as they define the scope of the patent being reviewed.

Check each reference cited in the patent document. Make sure to include all “forward references” as well. Forward references are references to more current documents that cite the particular document being reviewed.

Also check the “U.S. Cl” and “Field Search” sections of each full-text documents to make note of any additional classifications that you need to search.

Step 4) Repeat

Finally, repeat this entire process for each patent referenced and every new classification searched. Make sure to make note of every potential patent or published application that may impact your ability to patent your invention. These will need to be cited in your completed patent application.

Other Free Patent Search Databases

In addition to the USPTO’s system, there are other websites that inventors can visit to perform a free patent search. The most prominent of these is Google Patents, where you can perform full-text searches of all US patents going back to the year 1790. Because of this aspect, many patent searchers prefer Google Patents to the USPTO website, where many of the older patents are not text-searchable.

Patent Lens is another free full-text free patent patent search information resource. Patent Lens allows you to search over 10 million full-text patent documents from the United States, Australian and European Patents offices, as well as international patent applications made through the Patent Cooperation Treaty (PCT).

Paid Searches

There are also a number of fee-based websites available for your use to do a paid search. These include:

Delphion Intellectual Property Network

Thomson-Reuters PatentWeb

QPAT

PatBase

Non-Patent Literature

The purpose of performing a free patent search is to discover any information (prior art) that might have relevancy to the patentability of your invention. This information, however, is not limited to patent literature. Therefore, your free patent search must also include a search of non-patent literature as well. This includes, newspapers, magazines, dissertations, conference proceedings, information published on websites, etc. Below is a list of useful resources available for locating non-patent literature:

Google Scholar

The Thomas Register

The US Defense Technical Information Center

In addition, search engines such as Ask.com, Cuil, Bing and Yahoo! Search are excellent resources for searching non-patent literature.

Offline

To located relevant trade magazines and books, the following directories may also prove useful:

BurrellesLuce

Directory of Books, Catalogs and Magazine Printers

Directory of Small Magazines Editors & Publishers

Free Patent Search Internationally

Finally, no comprehensive patent search is complete without a search of foreign patents and non-patent literature. The following sources will allow wide searches of foreign patent documents and non-patent literature:
- The European Patent Office (EPO) – has a worldwide database which enables you to do a free patent search for information regarding published patents in over 80 different countries.
- The World Intellectual Property Office (WIPO) – A United Nations agency that administers various international treaties dealing with intellectual property. Here you can search the bibliographic data regarding patent applications published by WIPO in the last 24 months.
Hopefully after all the searching, you will discover that your new invention is as innovative as you thought it was. But, always bear in mind that rarely will a search turn up everything relevant to a particular invention. Furthermore, it is not possible to examine unpublished patent applications at all. So, your free patent search should only be seen as a way to minimize, but not eliminate, the uncertainty of your invention’s novelty.
February 15, 2013
Submit An Invention For Commercialization
Creating a new invention can take lots of time and money. So, for most inventors finding away to commercialize their invention is very important. Commercialization will allow you to recoup the money you spent developing the invention and to be rewarded financially for your innovation.

One commercialization option available to inventors is to submit an invention to interested companies for sale or licensing.

Submit An Invention: Commercial Purposes

To commercialize an invention you can either create a business around it or offer it to others for sale or licensing. The latter option appeals to many inventors for the following reasons:
1. Selling or licensing an invention is easier and requires less money.
2. When you sell or license an invention, you transfers all business risk to someone else.
3. After selling or licensing an invention, the inventor becomes free to pursue other ideas, while still profiting from his invention.
Invention submission is a popular way to market your invention to companies and most will accept submissions for inventions that fit within their range of existing products.When you submit an invention to an interested company, you provide them with all the information they need to adequately evaluate your product for purchase or licensing.

Before Your Submit An Invention

Before you submit an invention, here are six things you need to do:

1) Patent your invention – Many large corporations will not accept a submission unless the invention has already been patented. From the company’s perspective, the patent search you performed during the patenting process is the most effective way of discovering reasons why your invention may not be successful on the market.

2) Get prepared – This means doing some market research and preparing the materials needed to market your invention to interested companies. Here are three ways to prepare yourself:

It is always a good idea, before you submit an invention, to prepare a “sell sheet” that shows all the information needed to know what your product is and why a company should be interested in acquiring it. This information should include the name of your product, a tag line, the problem your product addresses, the solution it provides, its benefits, its features and any graphics need to express the above.

Prepare the prototypes, product specifications, drawings, cost estimates, testimonials and any other materials that will demonstrate your invention’s potential in the marketplace.

Acquire an excellent understanding of your product’s industry and identify who the players are in your product’s market.

3) Choose the right companies to approach – Look for companies that carry products in the same category as your invention. The Thomas Register of Manufacturers is an excellent resource for finding U.S. manufacturers and distributors in any industry.

4) Know the company – Do research on each company you plan to approach. Analyze their manufacturing and distribution capabilities and determine the likelihood of them understanding the benefits of acquiring your invention. The latter will aid you in formulating an effective sales pitch.

5) Prepare a Nondisclosure Agreement (NDA) – A NDA is a document stating that the confidential information you disclose while discussing your invention must remain confidential. To pitch your invention effectively, you may need to provide sensitive and confidential business information. An NDA allows you to do this without the risk of having your ideas stolen or leaked to the public. Some companies may refuse to sign a NDA. Others will assist on using their own NDA, which may limit your protection and their own liability. Either way, it is still advantageous to prepare your own NDA, if only as starting point for negotiating this issue.

6) Find an attorney – It is essential that you work with an intellectual property attorney to insure that any information or materials you provide to interested parties are adequately protected by a patent or a confidentiality agreement. Do not submit any information or sign any agreements without first having it reviewed by your attorney.

If you question your ability to do the market research, prepare the necessary materials and negotiate the agreement on your own, there are numerous invention submission companies who will assist you for a percentage of your earnings. But, be sure to avoid invention submission scams and companies that ask you for money up front.

Invention marketing is a tough business. The overall success rate for inventor seeking to license or sell their invention is low. But being properly prepared to submit an invention to interested companies will dramatically increase your chances for success.
February 11, 2013
Patent An Idea In 5 Steps
Is it possible to patent an idea? “Patenting an idea” is one of the most commonly used expressions when someone wants to be granted a patent for something new that they have developed. However, an idea itself cannot be patented.

What is patentable is the physical manifestation of an idea or process. So when you say you want to “patent an idea”, what you really mean is that you want to be granted a patent for an invention or process that you have develop from your idea.

That being said, a patent for your “idea” will provide you with the exclusive right to exclude others from making, using, selling or importing anything that falls within the “claims” of your patent.

The 5 Steps To Patent An Idea

In order to patent an idea follow these five steps:

1. Determine If Your Idea Is Eligible for a Patent

In order to patent an idea it must be:

a. Novel (new) – something that has not been seen before.

b. Non-obvious – it must be more than just an obvious improvement on what already exist. It must result from a notably inventive process.

c. Useful – it must be able to be manufactured and do what you claim it does.

There are some ideas, however, that are always excluded from being patented. These include natural laws, physical phenomena, abstract ideas and inventions that are offensive to public morality. Patents are also unavailable for copyrightable material , such as, literary, dramatic, musical, and artistic works.

2. Perform a Patent Search

A patent search is a search of all available information, domestic and foreign, to determine if your idea has been patented, disclosed or otherwise seen before. This means searching all “prior art”, which includes prior patents, patents pending and published literature. An idea that has already been disclosed to the public is not considered new and therefore is not patentable. You can perform a patent search yourself using online search engines or you can employing a professional to do the search for you.

3. Determine Which Kind of Patent Your Idea Requires

There are three categories of patents:

a. Utility patents – the most common type of patent. It covers the functional element of a new invention like how it is used and works. For example, a new and useful tool for tightening screws might require a utility patent.

b. Design patents – covers aspects of an invention’s appearance, for example its shape and ornamental features. Consider the tool above, its shape, the material its made of and the ornamental grooves on its surface would be the objects of design patents.

c. Plant patents – only given to those who invent or discover new asexually reproduced plants.

Design patents are less expensive and typically much easier to obtain than utility patents. Utility patents, however, offer broader protection than design patents, which can make it more difficult for competitors to imitate your invention. It is very common for a single invention to carry a combination of both utility and design patents.

4. Decide How You Want To file

There are three filing routes you can choose from to patent an idea:

a. File a provisional patent which is valid for twelve months and can be considered a place-holder for a full patent application. It is less expensive, allows you to set an early filing date and to take up-to one year to file a non-provisional patent application.

For those who cannot immediately afford an attorney, or the costs of a non-provisional patent (which could reach thousands of dollars), a provisional patent provides two key benefits:
- You receive up to 12 months to find the money or negotiate any third party deals such as royalties and licensing fees which may finance the rest of the patenting process.
- You receive the earliest possible filing date for your invention. This is extremely important since in every country of the world (including the United States from March 16, 2013) the right to be granted a patent for a new invention goes to whomever files for the patent first.
b. File a non-provisional patent which is the basic patent for new invention in the United States and is valid from 14 -20 years, depending on the type of patent granted and your filing date.

c. Apply for an International patent via the Patent Cooperation Treaty (PCT). The PCT is an agreement between 146 nations around the world. It allows an applicant to file one application, in one language and at one patent office in order to receive patent protection in all of the member nations of the PCT agreement.

Filing under the PCT allows you to delay the cost of patenting for up to 30 months while you choose the particular countries in which you would like your invention protected. Its a very inexpensive way to both test the viability of patenting your invention abroad and ultimately to receive international protection.

5. File Your Application With The USPTO

a. Prepare the specification. The specification is an essential part of your patent.and contains the diagrams and detailed instructions on how to manufacture your invention.

b.Write the claims. The claims give a detailed description of how your invention works and are the most important part of your patent application. The claims define the scope of protection your invention will receive. Most patent violation center around the interpretation of the claims, so claims must be broad enough to prevent others from copying your invention, but not so broad as to cause your application to be rejected.

c. Submit the completed application. In addition to the documents above, various other data sheets, statements and forms must be filled-out. The amount of paperwork will vary depending on which type of patent you are applying for. All the forms are available on the United States Patent and Trademark Office (USPTO) website and you may submit your application via mail or electronically through the USPTO’s electronic filing system (EFS). Submitting your application via EFS is simple, secure and allows you to submit your application from anyplace with internet access. In addition, filing electronically is considerably cheaper than paper filing.

Depending on the kind of application and the technology involved in your invention, it may take up to three years for your patent to be granted. However, If you observe the guidelines for patenting, you should then be able to claim ownership of your patent and prevent others from making, using, selling or importing your idea, while you enjoy the exclusive right to exploit it for maximum financial gain.
February 8, 2013