Category: Patenting

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
How To File A Provisional Patent Application
Inventors have enjoyed the ability to file a Provisional Patent Application since June of 1995.

The United States Patent and Trade Mark Office (USPTO) created provisional patents to provide inventors with a low cost option for protecting their inventions and to give US inventors parity with foreign applicants.

This article examines the pros and cons of filing a provisional patent application and the steps needed to file one.

The Pros

Filing a provisional patents application is advantageous for the following reasons:
- Provisional patents are cheaper. A provisional patent application costs as little as $110, as opposed to the thousand dollars that a non-provisional application may ultimately cost you.
- They are easier, too. A provisional patent application does not require any formal patent claim, declaration, or disclosure statement.
- Provisional applications provide an early filing date. An early filing date will give you priority over those who file later applications for similar inventions. This will allow you time to build a working prototype and test your invention without the threat of losing your ability to receive a patent.
- Provisional patent applications allow the use of the term “Patent Pending” to discourage other inventors from copying your invention.
The Cons

Noted disadvantages of filing a provisional patent application include:
- Provisional patent applications do not become patents. If you do not apply for a non-provisional patent with 12 months of filing your application, the application will be abandoned and you will lose your filing date. In addition, if your invention has been “in use” during the 12 months, you may also lose the opportunity to ever patent your invention.
- Inaccuracies and omissions can be costly. An omission or error in your specification can result in your application being rejected or in the need to file an additional application to cover the omitted aspects of your invention.
Filing A Provisional Patent Application

Filing a provisional patent application with the USPTO is a fairly simple process and most applicants can complete the process in one day. To file a provisional patent application you need to do the following three things:
1. Perform a patent search
2. Prepare a description of your invention
3. Fill in the required forms and file them with the USPTO
1. Performing the Patent Search

To receive a patent for your invention, it must embody an “original” idea. So in order to avoid wasting time and money attempting to patent something that is not patentable, you should first perform a patent search. A patent search examines all “prior art”. Prior art can be defined all previous development known to the public. Your search should include prior patents, patent publications and any publicly available literature regarding the sale or development of similar inventions.

At this stage, your search does not need to be very in-depth. You can easily perform a preliminary patent search via the internet. Later, prior to filing your non-provisional patent application, you can hire a professional to perform a more thorough search.

2. Prepare a Description of Your Invention

The description that you provide the USPTO must describe in detail exactly what your invention is, what it does and how to make it. Your invention must be described in such detail that any person trained in the relevant field would be able to reproduce it. This is needed to indicate exactly what it is your future patent will protect.

You must describe your invention in writing along with any drawings, figures or photographs necessary for understanding the invention. Your description must comply with all formal legal requirements and answer the following questions:
- What is your invention called?
- Was it created under a government contract?
- What are the names of the inventors?
- What does your invention do?
- What drawings, figures or photographs are included?
- What are the parts of your invention?
- How do the parts connect?
- How does the invention work?
- Are there other ways of making your invention?
- Are there any other ways of using your invention?
The answers to these questions along with any drawings, figures or photographs that you provide, constitute what is called the “specification” section of your provisional patent application. The specification of a provisional patent, while less detailed than that of a non-provisional patent, is very important. The information that it provides will become a crucial part of your non-provisional patent application, should you choose to apply.

3. Fill in the required forms and file them with the USPTO

Once your application is completed, you may file it electronically through the USPTO’s electronic file system (EFS) or via postal mail to:

Commissioner for Patents

P. O. Box 1450

Alexandria, VA 22313-1450

Either way, your application must include 1) your specification, 2) any necessary drawings, figures or photographs and 3) the appropriate filing fee. If any of these requirements are missing, you will not receive a filing date for your application.

Provisional patents offer inventors a low cost option for protecting their inventions. It also enables them to build, test and shop their invention around without the risk of having it “stolen”. More detailed instructions for filing a provisional patent application, along with the appropriate forms and specific information regarding the applicable filings fees can be found on the USPTO website.
February 5, 2013
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
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