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Don't Lose Your Right to File for a Foreign Patent
Obtaining a patent is often a complicated matter. Some actions taken by an inventor--such as disclosing his or her invention--can lead to an inadvertent forfeiture of patent protection. Publishing detailed information about the invention too soon can do the same. Similar rules apply to foreign patents. Even disclosing an invention in the US can lead to a loss of the right to file for a foreign patent. However, some treaty arrangements between the US and foreign countries can help inventors patent an idea elsewhere. In some cases, if an inventor files for a patent in the US on a certain date and for a foreign patent within one year, the original US date of filing will apply, even in the foreign country.
Also, if--after filing a US patent--an inventor may want to or be required to publish information about the invention. If that information discloses benefits of the invention without naming details of the invention, it could protect that inventor from losing foreign patent rights. However, never consider this type of publication without advanced counsel from a qualified patent attorney. The laws governing patent rights--and their foreign counterparts--are vast so it is best to leave this area of the law to the experts or it could cost you a significant loss of future income, especially considering the nature of the world economy.
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Inventhelp Tip: Patent Fees and Maintenance
If you want to patent an invention that you've created, you might make a lot of money. The stories are everywhere of everyday people who made life simpler and reaped the financial benefits. However, it's often not mentioned that these inventors had to first invest in their own discoveries. The old adage says: you have to spend money to make money, and it's most often true.
One of the ways you need to invest in your novel idea or product is by paying its initial patent filing fees. An initial filing fee may cost you about $150 and is non-refundable even if the patent is rejected. This fee covers the cost of having your patent application reviewed by a professional examiner. An issue fee will be required if your patent is granted and that is likely to cost about $650. Make sure you check the current fee schedule before you file a patent as these numbers change on a yearly basis. Keep in mind the entire patent process can take from one to five years, but you can pursue selling your product in the meantime to help offset some of these and other fees.
If your patent is accepted, you'll also be required to pay maintenance fees to retain the protection. These fees are paid at certain intervals and increase as the life of the patent increases. You can expect to pay up to another several thousand dollars to maintain your patent. Patenting is expensive business but, if your idea and marketing are shrewd enough, you can make that money back in profit.
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Using the Term: Patent Pending
You've probably seen the term -patent pending- many times on store products and other items. Those wishing to patent inventions can do so through one of two types of applications: provisional or non-provisional. In 1995, it became legal to file a provisional patent, which is a lower-cost type of application in the US. It also helps give US patent filings more parity with foreign applicants. No claim or oath is required for a provisional patent; it acts as a means to file an early effective date and allows you to use the term, patent pending. Certain types of patent filings do not have this option so check with the US Patent and Trademark Office regarding your own invention claim.
After filing a provisional application, you have a certain grace period in which to file a non-provisional one. Keep in mind, provisional patent filings are NOT examined on merits. A 'patent pending' claim on a product might deter competitors but, if it's later discovered that your invention really isn't new, it's meaningless. In this case, you might even be infringing on someone else's patent. So, do a thorough patent search to make sure your invention isn't already patented by someone else before filing any type of patent application.
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Inventhelp Tip: Obtain patent services
One of the best types of patent services you can obtain is the advice of a lawyer. While paying for advice you think you can handle on your own might scare you off, patent attorneys and other registered patent professionals understand the complexities and changing landscape of how to patent an invention.
If you decide to hire a professional to help file a patent, make sure that person has significant experience in this specialty area. You may also want to look for someone who has helped other inventors in your field of interest so he or she more thoroughly understands how your novel machine or product works. This is essential as the application is made of several key components in minute detail. Remember, just because you describe your great idea on paper does not mean the US Patent and Trademark Office is required to accept it. If you patent is rejected initially--and many are--your lawyer will be able to understand the sophisticated language of the examiner and quickly correct any problems in your application so it gets accepted next time. I
f you hire a patent attorney, preparing the patent application will likely be your biggest expense. Ask if that fee can be paid in segments over time so you can retain cash flow for other aspects of selling and marketing your invention. Finally, never hand over something as important as your invention to one person. Read books. Search online at sites like InventHelp.com so you can get more information about how the patent process works. The more knowledgeable you are about patents, the more you can help your patent attorney help you be successful.
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Consider a Disclosure Document Before You Patent
Before you begin the process of obtaining an invention patent, you must be careful not to disclose your new invention. If evidence is found that you did so within a certain time frame before filing for an invention patent, your claim could be denied. In fact, to establish what is called priority of invention, you cannot use your invention in public or sell it or publish anything about it more than one year before you file a patent for it. Foreign patent laws are likely to be even more strict on this disclosure idea. If you want to obtain evidence of the date of conception of your invention in the meantime, the US Patent and Trademark Office offers what is called a Disclosure Document Program.
The office will accept and preserve for two years documented evidence of your discovery. If you do not file for a patent within two years, this document will be destroyed. If you file a subsequent application, you should always refer to this letter in your application. By law Disclosure Documents have to be kept in confidence by the US patent office. But, the limitation of such documents are stated quite clearly by the office: "The Disclosure Document is not a patent application. The date of its receipt in the USPTO will not become the effective filing date of any patent application subsequently filed." You might have heard of creating evidence of a new idea by mailing a registered letter to yourself. Some people refer to this as the poor man's patent.
The Disclosure Document program is one way to obtain more credible evidence of your invention. There are other ways, too so investigate patent law thoroughly or contact a patent attorney to determine your best move at this stage of patenting.
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Inventhelp Tip: Invention Patent
Obtaining an invention patent requires serious due diligence before the patent application is even filed. Even if you think your novel idea or product is unique enough to warrant a patent, you may be surprised to learn that someone else thought of and applied for it first. If that's the case, you don't want to spend time and money to help patent that invention. Your search should include U.S. and foreign patents as well as any available published applications to date.
You can file a patent application prior to this search but the U.S. Patent and Trademark Office (USPTO) advises you search first. The USPTO maintains comprehensive databases of millions of patents in its library system so they can ensure the rights of inventors. To search patents, you should locate the nearest Patent and Trademark Depository Library and talk to a search professional who can help you set up a search strategy. If you are new to patent searching, you may find a local librarian who can assist you in getting started as well. But, considering that patent searches are complicated and time consuming, you may also want to consider hiring a registered patent practitioner or attorney to handle the search for you. More information on patent searching can be obtained on websites like uspto.gov and InventHelp.com.
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Finding Professional Help When Filing for a Patent
One of the best types of patent services you can obtain is the advice of a lawyer or patent agent. But, you might ask, why should I pay someone to file an application? Isn't it simple enough that I can do it? Well, yes and no. Finding details about filing a US patent isn't all that hard. And, if you have basic writing and presentation skills, you can follow the those directions. But, the real reason you should hire a patent attorney or other registered patent agent is because describing your invention in a language that completely protects it from competitors is a learned skill. Let's say your invention is a house. Through your patent claims, you have to build a fence around that house without leaving even the smallest of places someone can find a way in. If you leave even one board loose, another inventor can sneak in and find a way to sell a product that isn't covered by your patent. And, he or she won't be infringing on your claim in that case.
A good patent attorney should be initially skeptical about your claim so don't consider that bad practice. That skepticism will allow him or her to write a more effective claim later on. While the US Patent and Trademark Office will not refer an attorney to you, the office does maintain a database of registered patent attorneys and agents. These are people who are able to represent inventors through the patent process. Some people do market themselves as experts in patent law without being registered with the US patent office and so they cannot represent your specific application, although they can give you general advice.
Other ways you can obtain help in finding an attorney or patent agent include: the phone book or yellow pages (check fore a listing under patent attorneys), through an association of patent attorneys near you, online or through a personal reference. It may even be worth your while, if you write your own patent claims, to hire a patent attorney to look at your application before you submit it. Then, your overall costs may be less and he or she can point out areas that need more attention. If you hire a patent attorney or agent registered with the United States Patent and Trademark Office he or she will correspond directly with the office to help you patent an idea. Of course, you have the right at any time to request these services be terminated by revoking the power of attorney you granted for this service. If you feel an agent registered with the USPTO has not done an effective job, you should consider filing a complaint with the office.
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Inventhelp Tip: Obtaining an Invention Patent
If you are looking to patent an idea, you should first study and understand the correct process. If you don't and make a mistake, it could cost you the patent as well as lots of potential cash.
First and foremost you should keep a clear record of how and when you developed the idea, even during its stages of creation. You may want to secure the advice of a professional to determine if your idea is worthy of obtaining a patent. Make sure that person is legally bound to keep the information confidential such as a patent attorney or registered patent practitioner.
Then, as soon as possible, you should file a patent application. It's essential that you file this application before there is any public disclosure of the idea or product. If you don't you could lose your rights to the patent. This is called loss of rights by public disclosure. You might be tempted to talk about your idea or product to everyone you see as you'll be so excited, but you should wait until you learn how to get a patent first.
Sometimes people send themselves a registered letter in order to help patent the invention. This is often referred to as a poor man's patent. But, it's best if you send that letter to a registered patent professional instead. It may be needed as evidence down the line if someone else has the same or similar idea to yours. You'll want to be able to adequately prove you had it first.
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Request an Interference of Your Patent
Let's say you spend a long time perfecting your invention. You are careful to keep it a secret discloing it to no one. You keep detailed records of its development as evidence of when you discovered the invention. Once all the bugs are worked out, then you begin to learn about obtaining a patent and decide to file an application with the US Patent and Trademark Office. Then, while conducting a literature review and patent search, you are shocked to learn that someone else has a patent pending for the same invention.
One option is to file your patent, begin to produce your invention and then use your records as evidence if this other party sues you for patent infringement. Another approach would be to file your patent and then request that an interference be declared between your application and the application of the other party.
An interference is a type of proceeding held by the patent office to determine who was the first inventor when two people try to patent the same new invention. Don't try to defend yourself in these proceedings; most experts agree you should hire a patent attorney to give your invention the best chance of winning. Of course, this type of filing is only valid if you think you have come up with the idea before your competitor did. And, the sooner you act in this situation, the better off you'll be.
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Inventhelp Tip: Patenting New Inventions
To patent a new invention, you'll first need to determine if the product or idea you've developed and invented is worthy of the protection. There are some things that simply cannot receive patent protection even if they are novel. First, we'll cover the types of patents:
A plant patent protects someone's rights who is the first to see the distinctive qualities of a plant and reproduce it asexually.
A design patent protects the unique look or decorative aspects of an invention. It is based on the essence of appearance.
A utility patent protects the functional aspects of an invention.
Processes, machines, manufactured items and composition of matter can all be patented. Additionally, improvements to the above can be patented. However, abstract ideas cannot be patented no matter how unique they are. Some novel products that are not considered useful cannot be patented. Literary, dramatic creations, artistic works and pieces of music cannot be patented although they can be copyrighted. A name, slogan or logo of a company or product cannot be patented but these can all be trademarked.
Finally, design patents last for 14 years while utility and plant patents last for 20 years. There are many websites that offer free information on how to patent an idea including Inventhelp.com and uspto.gov. You can also find library resources on the subject. Obtaining a patent can be tricky and time consuming so you'll want to learn all you can before you start.
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Patents and Trademarks Offer Different Protection
Before you patent an idea, you should understand the difference between patents and trademarks. The administration of both patents and trademarks is handled by the US Patent and Trademark Office in Washington, D.C. But they have distinct functions. A patent is given to an inventor of a unique product or technology so that person is guaranteed no one else can profit from the use or sale of the new idea in question. Have you ever seen the letter R in a circle after a name of a product? That means registered trademark. Examples are Velcro, Bubble Wrap and Post-It Notes.
A trademark is a word or phrase that allows a product to be distinguished from others like it in the minds of consumers. In other words, a trademark is a brand name. A service mark is a type of trademark that can be represented by a phrase or symbol. As such, trademarks protect a marketing idea rather than a unique invention. For example, the type of tracing device that has become a widely used toy is patented but the name, Etch A Sketch is trademarked. Additionally, as in the case of Kleenex, others manufacturers can make tissues but they can't call them Kleenex. The brand name, Kleenex is relying on consumer devotion to sell their product. While patents are good for a certain time period, trademarks are good for as long as the product is in use. So, if you want to make sure the public does not confuse your product's image with that of another, you might want to research getting a trademark. You can find out more about trademarks at uspto.gov, the website of the US Patent and Trademark Office.
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Inventhelp Tip: Defining a Patent
If you've come up with a new invention idea or novel product, you'll want to consider obtaining a patent. If you begin searching the subject of patenting online or at the library, you'll soon discover it seems overwhelming and advanced. While patent law can be highly technical, what a patent does is relatively easy to understand.
While you have patent protection for your invention, it excludes anyone else from receiving monetary gain from your idea unless you say they can through a license agreement. A patent is like owning a piece of property except that your novel product is the property. Patents are obtained through the US Patent and Trademark Office and ensure no one can make, use, offer for sale or import for sale the idea you have invented.
A patent is offered from the US government for a specific time period, and a patent application can only be submitted by the actual inventor or inventors. If you have been tinkering in your garage and discover or create a new product, you should immediately begin researching if it can be patented. If you don't, you may lose the ability to reap exclusive financial rewards of your hard work.
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