Is It An Invention? First things first. You can not patent an idea just because you think you are the first person to come up with it. A patent is there to protect an ‘invention’, not simply a concept. When you apply for a patent what you’re doing is specifying, through text and drawings, how your invention works. In exchange for this public release of New Product Idea, if it really is new the state will grant you exclusive rights to it for 20 years. Therefore to be able to patent your idea, its core concept must be explainable in easy and direct terms.
The other reason you can’t just patent an idea is it must involve a novel and inventive step. The novel bit is not hard but a typical misconception is the fact lots of people think they could make application for a patent since they are the initial person to come up with the concept. However, when you sit down to your first meeting having a patent attorney one of the first things they may wish to establish is whether your invention is actually an invention. It is really essential to understand this, so you don’t waste time looking at patenting a thing that is simply not patentable. A very simple explanation of this ‘obviousness’ test is really as follows: Would a hypothetical skilled person, you never know everything but does not have the slightest spark of inventive ingenuity, think of the identical idea if they knew all the prior art (all previous ideas), but had not read your patent application? If the correct answer is yes then your idea is not an invention, its simply the logical implementation of current day knowledge to a different problem and thus you can’t patent it.
This is a great description in more legal relation to the EU approach to judging inventiveness (the UK is slightly different): Can there be any teaching in the prior art, as a whole, that would, not merely could, have prompted the skilled person, up against the objective technical problem formulated when it comes to the technical features not disclosed from the closest prior art, to modify or adapt said closest prior art while taking account of this teaching [the teaching in the prior art, not simply the teaching of the closest prior art], thereby coming to something falling within the terms of the claims, and therefore achieving what the invention achieves? It’s the “would, not simply could” that is the all important definition here.
The United States is different to Europe and this inventiveness step is regularly improperly tested or applied, resulting in many many patents being granted in america which can be actually very obvious logical application of existing ideas. A lot of companies have spent huge sums of money attempting to overturn such patents but although a granted US patent could be overturned its is incredibly rare that one is. In lots of ways the US patent product is more akin to what many individuals assume about patents over here, should your the first person come up with an idea then you can patent it. The most obvious downside is that lots of bad patents happen to be unfairly granted and possess unfairly blocked many others from having the ability to produce items that must not have been protected by patents to start with.
Commercial Value – If you’ve reached here then hopefully you may have Invent Help Patent Information that could be patentable. The next tests are frequently completely overlooked at the outset but they are also vital. The first and most important is exactly what will a successful granting of a patent do for you personally? Patents cost money. Sure you can look and file yourself but its incredibly time-consuming and just like all things legal bringing in a professional, by means of a patent attorney, is usually a much better route. Carrying out the searches and filing your patent application via an attorney will surely cost a couple of thousand pounds. You then have a relatively short time before you must decide if you are intending to submit the patent in other countries around the world, which costs more income and in case you are filing in lots of countries the translations may become very expensive. Once you’ve got your patent then you have ongoing costs annually to patent offices to help keep the patent active. So whatever it is your looking to patent has got to get worth this from the commercial business perspective (in case you are delay by the very thought of having to spend several thousand pounds with a patent attorney is exactly what your doing well worth patenting at all?).
Many people and corporations apply for patents to achieve the IP, so that they can then attract investors to help them take their invention forward. If you’ve watched several instances of Dragon’s Den on the TV this needs to have become very obvious that investors usually do not take wild risks and if you wish someone to purchase your business or idea they have to feel secure by doing this. If you have a patent for recommended which can be commercialised it will often provide exactly this protection for the investor so you are a stage even closer to getting these to part using that important cash (you’ll probably also have realized that although investors are sometimes not too nice people they have an inclination to only want to do business with nice people!).
Another misconception is that once you have a patent no-one else can copy your idea. Well although legally they can’t, their state won’t actually stop them. If a person infringes on your patent it really is right down to one to stop them, typically by spending large sums of money with lawyers and ultizing the courts. When the infringer is really a large company, or several companies infringe your patent you should be capable of fund the court action. Should your invention is commercial enough then these legal steps will never be a difficulty as you’ll discover the money, win the situation and ultimately get much of it back. If however your fighting a huge company which provides extensive money to string out your court action for a long period is it actually worth the cost? Will be the idea your looking to patent commercial enough to justify all of this.
There are numerous smaller companies out there that view patenting as a waste of time and money and prefer to direct their resources, attention and money at being the first one to market and first to innovate. In the event you be one of those instead of spending what could be lots of your time and money protecting your idea?
You could be looking to patent your invention to then license it to a different company to create. For one year from filing your patent you might have international patent protection and you want to use the first 10 months of the to make sure your idea may be commercialised before being forced to decide on which other countries also to apply in and giving your attorney monthly or two to undertake the required work. You have to move bloody fast! If you are approaching big companies they will likely often take a few months to get back to you before you could even demonstrate to them the invention and start negotiations. In case your accomplishing this 6 – 8 months in the too far gone since they know you might have almost no time and definately will often play for time to force you into a bad business position, or just with the hope you wont complete the patent once the 12 months is up. When you can’t tell anyone regarding your invention prior to deciding to file you patent application you will get round this by asking companies (including us) to sign non disclosure agreements and commence work on the growth and development of your product or service beforehand which means you hit the ground running as soon as the application is filed.
In the event the above hasn’t put you off then maybe you have that elusive brilliant idea. Book a consultation using a patent attorney (any good attorney should give you a first appointment for free) and acquire cracking! For additional information there are lots of great web resources on filing patents which we won’t try to re-create here.
A few patent help tips – When researching an invention you’ll often need to read through existing patent applications to ensure your idea is completely new. Patents could be many pages long and horribly worded, but generally its just the first primary claim in a patent which is critically important. The rest will just be lesser claims the patent can fall to in case the higher claims be overturned or rejected through the patent examiner.
Where there could be ambiguity in a claim the patent description has the ability influence the claims and might therefore have been deliberately written therefore, so look through the description to determine if it attempts to provide this.
Patent claims usually are not exclusive. Because claims describes one way of doing something doesn’t mean that it couldn’t be done differently.
Patents include a detailed description which is generally meant to offer an explanation / instructions of how the invention may be utilised. Bear in mind that this only has to cover one specific use of the invention and doesn’t exclude the claims used in other ways.
Claims generally relate to an Apparatus (equipment designed or assembled for the purpose) or even a Method (a way of doing something), and quite often patents include both using the intention that this method claims may be fallen back on in case the apparatus claims be rejected.
Interestingly one of many aims of patents is to promote Inventhelp Wiki. Whilst blocking other businesses from copying ideas might seem to accomplish the exact opposite, the natural reaction when confronted with a patent it to attempt to work around it. We’ve worked with several companies and done exactly this, having been briefed using a product they want to produce and also the existing patent seeming to block it. There exists more often than not a means round a patent but the aim is to attempt to do it in a way in which leaves you using a commercial product which still serves its purpose within an affordable way (great patents block this by protecting against all the economical means of achieving the same).
Filing a patent application doesn’t mean that any searching will be done. All of that happens will be the application is filed and given the once over. It will then be examined in more detail with a patent examiner but even when the patent is awarded it can be overturned whenever you want if prior art may be proved. If you wish the application to have a amount of commercial value (should your carrying it out for IP purposes) you need to also do a search. However even then be aware that searches are certainly not necessarily as skilled as you may expect and patent office searches is not going to necessarily search anything other than previous published patent applications and filings. Should you be just filing in the UK then the UK patent office search will needless to say be the ideal route, but if you are planning to file internationally bear in mind that searches performed for EU or international applications will often be considerably more detailed and thorough. The reason is that you will find far more EU patent examiners which has a tendency to suggest that individual examiners have the ability to be much more knowledgeable inside their specialised areas. You can elbgql for alternative party searches but whilst these are generally often very costly (£1000 and upwards) they are not necessarily a lot better than the search great britain patent office provides unless you spend lots of money (the cost of the united kingdom search is subsidised). The one thing to always remember about searches is the fact its very difficult to quantify searching result. Simply because searching didn’t find prior art doesn’t mean that a different search won’t.
There is not any point giving the patent attorney excessive information. They have to write the patent using their experience and knowledge, not from your bad attempt. Here’s what needs to be ideally provided:-
* Drawings and descriptions from the drawings to obtain the idea across.
* The main advantages of the invention.
* Modifications which are easy to the invention.
* Crucial points and optional points.
* Don’t include plenty of existing patents – they’ll only need to read them and that will therefore cost more. 1 or 2 might be helpful though.