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Visit a US Patent and Trademark Depository Library
There are a number of ways the US Patent and Trademark Office can help you search a patent database. You can go to Alexandria, Va. and visit the Patent Search Room or you can visit a designated US Patent and Trademark Depository Library, which are located around the country. You can also search for patents directly on its website at uspto.gov. A newer patent search option offered by the office is called the Patent Application Information Retrieval System (PAIR). You can find out about this unique way of accessing information about a patent at uspto.gov/ebc. At any given time, some patent applications are published and some are not. There you will also find toll free numbers and an email address to help with your search questions.
If you decide to visit a depository library, you can also obtain some technical help. Sometimes, even though searching in these ways is free, people hire patent attorneys or patent agents to help them search. This will cost money but may be worth it. If you miss certain types of key words in your search, you may miss large numbers of patents that could have relevance to your claim. Patent attorneys and agents have significant knowledge of the US patent classification systems so they can sometimes conduct a more thorough search than you can alone.
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Inventhelp Tip: Obtain an Invention Prototype
If you are looking for investors to fund your new idea, you will need to create an invention prototype. In fact, you will probably create a number of different prototypes before your idea is ready to be produced in a large quantity. Investors like to see prototypes so they can get a clear idea of how your product looks and what it does. Prototypes will also help you, the inventor, make appropriate adjustments to your design. There are a variety of prototype processes available, depending on the type of product you have invented and the exact finish you need its surface to have. Here are a few options:
Stereolithography: This is good for form testing and show models and can be finished in a variety of ways such as primed or painted.
Cast Urethanes: This process is ideal if you need up to 100 marketing samples or test pieces.
PolyJet Technology: These prototypes can be machined, drilled or used as molds.
You may be able to find a company to prototype your product online. But, be careful and always check the source out first. You may also want to see if the company is listed in the Better Business Bureau in the city where it is located. That way, if there are significant complaints filed against it, you can keep looking.
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The Makers of Viagra Face Court Battles with Other Inventors
You'd be hard pressed to find anyone who hasn't heard of one of the most recent science inventions--Viagra. Unlike inventions such as the airplane, light bulb or door lock, which all have only one inventor listed on their patents, Viagra has a long list of inventors. The pill, which helps men with erectile dysfunction, was first offered in 1998 by Pfizer. The company boasts that of millions of men have been helped by the drug and at least 9 tablets are dispensed every second worldwide. The description of how Viagra works reads like a long science journal complete with formulas no one else could reasonably understand. Unlike historical inventors and inventions, the makers of Viagra have had to spend unknown amounts of money trying to monopolize its market reach. Also unlike previous famous inventions, Viagra has had to face serious market competition, especially from another similar scientific drug known as Levitra, sold by GlaxoSmithKline. They've also faced court battles including one by Eli Lilly and the ICOS Corp who were developing Cialis, still another of the same type of science invention. In that battle, the United Kingdom's High Court ruled that Pfizer's European patent was invalid. It's likely that still more similar drugs will try to capture the market share Pfizer thought it had secured. This new invention offers a compelling story about how the landscape of inventions and patents has changed. Today's inventions have to be much more carefully patented or they will be challenged by competitors who state they were the first to discover the same new idea. That's why it's important to consider hiring a patent law firm if you are an inventor so you can prevent such litigation. Otherwise you'll spend valuable time and money in court trying to fight other inventors instead of taking your product to market.
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Inventhelp Tip: You Can Choose to License Your Invention
A US patent protects an inventor from someone else making or selling his or her novel product. However, an inventor can give permission to someone else to use the invention through a patent license.
This protects the user from patent infringement but the licensee is required to pay the inventor royalty fees. These royalty fees vary in amount depending on the sophistication of the technology. For example, a patented drug often carries the highest level of royalty fees. A standard patent agreement should cover some basic items such as the territory covered, the license term, any restrictions and a way to terminate the agreement in case there is a breach by either party.
License agents and other invention companies also enter into agreements with inventors, offering them the service of introducing and marketing an invention at invention trade shows and through other avenues. Inventors enter such agreements because these companies have a proven track record of success with new products. If you enter any type of license agreement, make sure you are guaranteed detailed sales records and have an audit clause in the contract so you have access to these records if need be. That way, you can ensure you are receiving all the royalty money you should.
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Important Contributions of Kid Inventors
Never underestimate a child. The ability of invention by kid minds is awesome. Curious and passionate about the world around them, kids have invented new products large and small.
Eleven-year-old Frank Epperson invented the popsicle in 1905 when he left a fruit drink out overnight with a stirrer in it. First naming it an epsicle, he later renamed it popsicle. Years later he also invented the twin popsicle, fudgesicle and creamsicle.
Chester Greenwood invented earmuffs when he was 15 when his ears would become too cold when ice skating. Later establishing the Greenwood Ear protector factory, h e supplied ear muffs to the US soldiers during World War I. Over the years, chester accumulated over 100 patents and was named one of Americas 15 Outstanding Inventors by the Smithsonian.
The glo-sheet was invented by Becky Schroeder at the age of ten in 1972 in order to be able to continue writing after it got dark. She became the youngest female to ever receive a patent. Her sheets are used by doctors who need to check patient's charts without waking themas well as by NASA and the US Navy.
Lastly, Louis Braille was only 12 when he invented Braille in 1821.
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Inventhelp Tip: Get Invention Help for Kids
Does your child always come up with new and novel ideas? If so, he or she might end up like Kathryn (K-K) Gregory, a girl who invented Wristies ® when she was only ten. After playing in the cold, wet snow, she wondered if there was a way to keep her wrists better protected from the elements.
In 1994, at the age of ten, Kathryn invented Wristies ® and soon became not only an inventor but an entrepreneur. She made a bunch of Wristies ® for her scout troup and they encouraged her to make more. She then patented the idea, trademarked the name and now has a company and a website. She's even had her product featured on Oprah and The Today Show.
If you have a child like K-K, make sure you get reliable invention help before you actively pursue marketing and selling an idea. K-K did the right thing by obtaining patent and trademark protection so no one else can make money from her product. You can find invention help on websites like InventHelp.com. These sites cannot tell you whether an idea is patentable or refer you to a lawyer, but they are filled with basic advice for new inventors of all ages.
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How to Apply For a Patent
The patent application has three parts:
1. Specifications: This is a complete written description of your invention. It must be written so that anyone skilled in the subject matter could recreate your idea and use it. Nothing must be left out. You must name all of the operative parts of your invention. You will also submit a signed declaration that you believe yourself to be the first inventor of the product or process.
2. An illustration or drawing of the invention showing every feature described in the first part of the application.
3. Your filing fee. Fees are different for the differing types of patents and they also change periodically. You should check with the US Patent & Trade Office or with your patent attorney.
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Inventhelp Tip: Get Inventor Help Before You Launch
If you just created a new dog toy, wouldn't you want to show it to pet store buyers? Maybe you just discovered the next office innovation and you'd love to sell it directly to a supply store near you. Or, you have the best idea yet for a kitchen gadget and you think you could sell millions if you just met the right people.
Online companies like InventHelp.com offers help to all kinds of inventors and presents America's largest trade show for new inventions and product ideas. Office Depot, Bosch, Hasbro and Tupperware are all companies who have attended this show called INPEX® . At this venue, you can exhibit your new ideas to those companies who are looking to license, market or manufacture the best new products. You'll also have access to the INPEX® Inventors University and the Inventor Resource Center where you can learn the ins and outs of taking your new idea to market.
If you want to make money from your unique creation, you need to know and understand important aspects of launching a product such as intellectual property, prototyping and manufacturing. InventHelp ® sponsors its Inventors University at INPEX ® to offer detailed information to inventors through seminars, presentations, panel discussions and admission is free for InventHelp ® clients. You can learn more about INPEX ® and other invention services offered by InventHelp (r) at InventHelp.com.
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You Can Have a Patent Reissued
Let's say you discover that a competitor of yours is infringing on a patent that you have issued to you. At least that's what you initially think. Once you look at the situation--and your patent wording--more closely you realize the mistake may have been yours. Maybe the wording in your patent allowed some leeway for a competitor to sell a product with some of the features of your invention but not all of them. This could occur just because you described your product to have two features connected by the word and.' That way, your competitor may not be infringing after all.
What do you do? You could still file a patent infringement and take your chances. But a good patent invention attorney would also encourage you to have your patent reissued instead. There is a grace period after a patent is filed in which it can be reissued and you should check with the US Patent and Trademark Office for those current details. This grace period is determined by exactly what type of reissue you want to achieve. In any case, the changes you want to make must be supported by your originally filed patent claim.
Unless the change was discussed somewhere in your original claim, your case may be weak for a reissue. In the example above, the inventor may be able to use the word 'or' instead of 'and' so that the competitor's activities are now considered an infringement. Patent reissues are complication business and many other sophisticated technicalities may impact the decision. If you are new to invention patents you may want to seek one of the best types of help for inventors--a patent law firm.
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You Can Correct Your Invention Patent
The type of technologies and products that receive patents are often quite complicated. That's why inventors file for an invention patent for each of their separate discoveries. Even in the best of circumstances, even when you hire a patent attorney to help you file a patent, a mistake can get made. The US Patent and Trademark Office can accidentally issue a patent with a miscalculation or misinterpretation in it, or you can decide--once you review your issued patent--that the wording needs to be more clear or different to offer you adequate coverage.
Remember, your competitors can and will try to take advantage of any holes in your patent application. You should discuss these possibilities with your patent lawyer so you can brainstorm on the best wording possible to protect your invention patent. When you discover a mistake in your patent, you can obtain a change so long as the error was not made deceptively. If possible, always use a Certificate of Correction form to have such a change made. You may be able to find this form at uspto.gov, and you can use this certificate whether the mistake was committed by you or the US Patent and Trademark Office. There will likely be a fee that needs to be submitted with this form if the mistake was yours, and you should include a cover letter as well describing what is being submitted.
Mistakes you have corrected on your patent cannot be material changes that would materially affect the scope and meaning of your patent. Corrections to issued patents may take as long as three or four months to receive. Your Certificate of Correction can be sent via first class mail but keep records of everything you sent and the date you sent it.
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Prototype Stages
Invention prototype development is a necessary dimension to new product development. Done is stages along the way, your prototype is not just a presentation to the outside world, but a tool that will guide you to design the best possible product. As your product becomes more complete, your prototype will develop in sophistication too.
Crude Prototype – This is a beginning prototype and can be completed by yourself. The purpose of this step is to build something that will give you a better understanding of where you are going with your invention. At this point materials are not important, and this does not have to be a working model.
Working Prototype – Your working prototype should allow people to test out some of the working features of your invention. It does not need to work as well as a finished product, but does need to perform its functions. At this stage, you will need to think about the final materials for this product and develop a more sophisticated model.
Final Prototype – A final prototype is also called a manufacturing prototype, because it closely resembles the one that will be on the market. It should look and function like a finished product. If you are going to license your product rather than manufacture it yourself, you don't need to take your invention to a final prototype.
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Using the Term ‘Patent Pending'
When you patent new invention ideas, but want to begin marketing prior to receiving formal notice on your patent application, it is a smart idea to mark your product and marketing materials with the term "patent pending."
Often, companies are looking for a rapid time to market for their new products because of the competitive advantage it brings them. They cannot wait for the time it takes for the US Patent and Trademark Office to deliberate on their patent. By adding the term ‘patent pending' they are warning potential competitors that a patent is in progress. If a patent is granted for the new product and a competitor's product infringes the granted patent, the inventor will have the right to stop the competitor from making, using or selling the product.
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Invention By Improvement
There are many inventions are not wholly new, but are improvements to existing products. As a matter of fact, many new inventions are not even attributable to a single moment or inventor, but to a succession of advancements made independently or in teams that lead to a product. Then as further advancements are made, the product is improved. This time line of development is at the root of the television invention, as well as the invention of the motorcycle, phone, and radio, among countless others.
Events that can be attributed towards the television invention actually began in 1831 when Joseph Henry and Michael Faraday work with electromagnetism brought about the beginning of electronic communication. Yet it wasn't until 1927 that Philo Farnsworth filed for a patent on the first complete electronic television system. And new innovations are still taking place today.
So next time you feel you need to think something up from scratch, think again. Build a better mousetrap instead.
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Avoid Risk Factors for New Product Ideas
There's nothing like that light bulb moment when you know you have stumbled on a new invention. There is so much to do it's hard to figure out where to start: get a patent, consider a licensee, launch the product and start over with a new invention. But, while the initial moment of discovering a new product fades fast, that product's potential can fade quickly as well due to unexpected delays. Some experts believe one of the greatest risks to a new product is delay. Many new ideas carry a short window of opportunity; once that's gone so are the potential earnings.
How can you avoid this type of risk? By focusing on the factors that often impede progress during the process of developing a new product. One of the most common such factors is not having enough help. You may not want to hire anyone to help launch your new invention, but trying to do it all yourself is one way to miss the all-too-critical window of opportunity. Another risk factor that causes delay is not having a clear vision of deliverables. There are many ways you can create a plan for action but you should have one that details a time table for tasks that must be done, when they should be done, and who will do them. If you hire personnel to launch a new product, you must make sure that communication is clear between everyone involved.
Also, concentrate on avoiding 'bottlenecks,' that is places in the flow of production where one area holds up the tasks of the next. In today's quickly changing world of commerce, you can't afford to miss the window for selling your invention because of these and other risk factors that could have been avoided.
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