Patents & Inventions - So You Have a Concept - - So What?

Okay, you have thought of a superb idea that will fix all the problems of deep space - or at the very least make you $millions$ - what do you do? Just how do you start?

Well, the first thing to do is obtain all your ducks straight. Start a hard-bound journal and also placed whatever in creating. Draw images or representations of exactly how your innovation functions. Date and sign each page, as well as obtain someone you depend consider it as well as day and sign also.

Then, prepare to invest some money. Sorry, however it takes cash to obtain points going. If your idea deserves anything - which you can find out with the procedure - you should apply for a patent.

A patent provides you twenty years from the filing date the right to keep others from making or offering your creation without your consent. That provides you time to create as well as market your invention in the market. Think me or not, obtaining the license may be the easiest part. About 99% remains in the growth and also marketing of the idea.

To get a license it is best to discover a registered license lawyer or agent. I know, lawyers are sharks. Yet in this situation, their expertise will certainly get through the government bureaucracy a great deal faster as well as much easier than you can by yourself.

To provide you a concept of what you are going to deal with when getting into the license procedure, here are some FAQ's to assist you understand much better - maybe.


Q: What do the terms "license pending" and also "license obtained" mean?

A: They are made use of by the creator cool invention ideas - or his manufacturer or vendor of his product - to inform the public that a patent application has been filed with the Patent as well as Trademark Workplace (" USPTO"). You can be fined if you make use of these terms incorrectly as well as deceive the public.

Q: Is there any danger that the USPTO will offer others information consisted of in my patent application while it is pending?

A: No. All patent applications are kept in most strict secrecy until the license is released. After the license is provided your documents is offered in the USPTO Data Information Room for evaluation by anybody and copies of the files might be purchased from the USPTO. (The Info Details Room is where searchers most likely to prepare their license searches - which are required to complete a license application).

Q: May I compose straight to the USPTO concerning my application after it is submitted?

A: The USPTO will address inquiries concerning the condition of the application, whether it has actually been turned down, permitted, or pending activity. BUT, if you have an attorney representing you, the Workplace will certainly not correspond with both of you. The best technique is for all remarks be sent through your attorney. Another point - it can spend some time before your application will certainly be designated to an inspector, as well as what is called an "office activity" will certainly take place. Patience is needed.


Q: Do you really have to go to the USPTO to do company with them?

No. Many business with the USPTO is performed in composing and through communication. Interviews with Supervisors are occasionally essential (as well as occasionally useful) but a lot of them are done by phone by your attorney. The expenditure of a trip to D. C. is seldom needed.

Q: If two or even more persons work together to make a creation, who gets the license?

A: If everyone had a share in the ideas developing the development, they are thought about joint creators as well as a license will certainly be released collectively if they make it through the application procedure. BUT, if a single person given all the concepts for the invention - and the other person( s) has actually just complied with directions in making the invention, the individual with the ideas would be considered the sole innovator - suggesting the patent application as well as the patent itself will be in his/her name alone.

Q: What happens if one person products all the suggestions to make an innovation - as well as another person either uses him and/or generates the cash to construct as well as test the innovation - should the license application be submitted collectively?

A: NO. The application REQUIREMENT be authorized by the REAL DEVELOPER - and also filed with the USPTO in the true innovator's name. This is once money doesn't count. It is the individual with the concepts - not the employer - not the money man - that gets the patent. If the greedy, blood-sucking, viperous, money-grubbing, artistically non-contributing money man or manager wants any part of the innovation, he would need to get his hold through an agreement or permit on the creation - not the license itself.

Q: Does the USPTO control the fees billed by license attorneys as well as agents for their solutions?

A: No. This is strictly an issue between you and also the attorney or representative. Costs vary -as do lawyers as well as representatives. You should really feel comfortable with your choice. It would be best to ask in advance for price quotes on charges for: (a) a license search; (b) The preparation of a patent application; (c) drawings to accompany the application; and, (d) the prosecution of the application prior to the USPTO. (KEEP IN MIND: an attorney can just provide you quotes. The price of a search, and the application with illustrations is pretty well determinable in advance. But the prosecution step relies on the Supervisor as well as what he does and does not such as about your application. There may be modifications that have to be made (anticipate at least one), and arrangements to transpire, which all take some time as well as effort from the lawyer).

Q: Will the USPTO help me select an attorney or representative to do my search or prepare my application?

A: No. The USPTO can not make this selection for you. The Workplace does maintain a checklist of signed up attorneys and agents. Likewise some bar associations have attorney reference services that may help you. If you have a general attorney, although he can not aid you straight if he isn't a registered attorney with the USPTO, he might help you with a reference.

Q: Will the USPTO recommend me regarding whether or not a particular promo firm is reputable as well as trustworthy?

A: No. The USPTO has no straight control over such companies. While the USPTO does not examine grievances concerning innovation promoters or promo companies - or obtain associated with any kind of lawful process relating to such firms - there is a public discussion forum to release complaints versus such firms. The securities you have from license promotion firms is defined in legislations come on 1999. These promotion firms have certain duties of disclosure under this act.

Q: Exist any companies that can inform me just how and also where I may be able to obtain some help in developing as well as marketing my creation?

A: Yes. Organizations in your area - such as Chambers of Commerce and also financial institutions - may have the ability to help. Numerous communities have actually locally financed "company incubators" or industrial advancement companies that can aid you situate makers as well as vulture (I indicate Endeavor) plutocrats that may be curious about aiding you. Do your research - check, check, check - and beware. Q: Are there any state government firms that can help in creating and marketing my development?

A: Yes. Nearly all states have state planning and development agencies or departments of business and industry that seek brand-new products and also write-ups to produce, or processes to help existing manufacturers as well as communities in the state. A lot of these companies are on-line - or a minimum of have listings in telephone books. If all else stops working - compose your state governor's office.

Q: Can the USPTO help me in creating as well as marketing my development?

A: No. the USPTO can not act or suggest worrying any business purchases or plans that are involved in the InventHelp growth and advertising of an innovation. They will release the truth that your patent is readily available for licensing or sale in the Authorities Gazette - at your request and for a fee.

Q: Just how do I begin?

A: First, naturally, you need to have a suggestion. Then that idea needs to be taken down in a kind so that it can be recognized a minimum of by an individual that is experienced in the field of undertaking that concerns the invention. This generally is a created summary and a drawing. Whatever it takes to explain the innovation.

The next step is a license search - to see if somebody else has developed a comparable suggestion. A lot of times this is the case. And, a great deal of times your concept may suffice of a renovation to be special sufficient for a brand-new license. There are search companies offered - as well as most patent lawyers have access to their very own favorites. It is best to dedicate only to the patent search initially. Do not sign an agreement for anything else just in instance the search locates your creation without method to locate "uniqueness" and also "non-obviousness.".

If the search report looks good (keep an eye out for the hype musicians), it is time for commitment. Choose your lawyer as well as let it fly.

It is possible to file a license application on your own - yet really - it resembles you entering into a restaurant in Paris, France that is, as well as trying to order from the food selection. unless you recognize as well as speak the language, you will not obtain what you want. When it comes to a patent, the USPTO will toss you out - even if your development is great - because the application does not talk their language.