Is It An Invention? First things first. You cannot patent an idea because you believe 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 are doing is specifying, through text and drawings, how your invention works. In return for this public release of Inventhelp Corporate Headquarters, if it really is new the state will grant you exclusive rights to it for 25 years. Therefore so that you can patent your idea, its core concept needs to be explainable in easy and direct terms.
The other reason you can’t just patent a concept is that it must involve a novel and inventive step. The novel bit is easy but a common misconception is the fact many individuals think they are able to obtain a patent as they are the very first person to generate the concept. However when you take a seat for the first meeting using a patent attorney among the first things they may wish to establish is if your invention is really an invention. It is definitely important to understand this, so that you will don’t waste time considering patenting a thing that is actually not patentable. A very simple explanation of the ‘obviousness’ test is as follows: Would a hypothetical skilled person, that knows everything but lacks the slightest spark of inventive ingenuity, think of exactly the same idea if they knew all of the prior art (all previous ideas), but had not read your patent application? If the answer is yes in that case your idea is not really an invention, its simply the logical application of current day knowledge to a new problem and therefore you can’t patent it.
This is an excellent description in legal regards to the EU strategy to judging inventiveness (the united kingdom is slightly different): Will there be any teaching within the prior art, as a whole, that could, not merely could, have prompted the skilled person, faced with the goal technical problem formulated when contemplating the technical features not disclosed by the closest prior art, to change or adapt said closest prior art while taking account of that teaching [the teaching from the prior art, not simply the teaching of the closest prior art], thereby arriving at something falling within the regards to the claims, and so achieving what the invention achieves? It’s the “would, not merely could” that is the important definition here.
The United States is a bit different to Europe and actually this inventiveness step is regularly not properly tested or applied, resulting in many patents being granted in the united states which are actually very obvious logical application of existing ideas. Many companies have spent huge sums of money trying to overturn such patents but although a granted US patent can be overturned its is incredibly rare that one is. In many ways the united states patent method is more akin to what many individuals assume about patents right here, should your the initial person come up with an idea then you could patent it. The obvious downside is that many bad patents have been unfairly granted and have unfairly blocked numerous others from being able to produce products that should never happen to be protected by patents to start with.
Commercial Value – If you’ve reached here then hopefully you might have Review For Inventhelp that may be patentable. Another tests tend to be completely overlooked in the outset but are also really important. The foremost and most significant is exactly what will a successful granting of the patent do for you? Patents cost money. Sure you can look and file yourself however its incredibly time consuming and like all things legal bringing in a specialist, in the form of a patent attorney, is usually a better route. Carrying out the searches and filing your patent application with an attorney will definitely cost a few thousand pounds. You then use a relatively short time period before you have to decide if you are planning to file the patent in other countries throughout the world, which costs more cash and should you be filing in a lot of countries the translations could become extremely expensive. Once you’ve got your patent then you have ongoing costs each year to patent offices to keep the patent active. So anything your trying to patent has to become worth this coming from a commercial business perspective (in case you are postpone by the idea of having to spend several thousand pounds having a patent attorney is what your doing really worth patenting whatsoever?).
Many people and corporations apply for patents to gain the IP, in order to then attract investors to assist them to place their invention forward. If you’ve watched a few instances of Dragon’s Den on the TV this needs to have become very obvious that investors tend not to take wild risks and if you would like someone to purchase your business or idea they should feel secure by doing this. In case you have a patent for a good idea that can be commercialised it will often provide exactly this protection for the investor so you are a stage nearer to getting these to part with this important cash (you’ll probably have likewise realized that although investors are often not so nice people they have a tendency to only desire to do business with nice people!).
Another misconception is the fact after 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 the patent it is actually down to you to definitely stop them, typically by spending large sums of cash with lawyers and making use of the courts. If the infringer is a large company, or several companies infringe your patent you should be capable of fund the court action. If your invention is commercial enough then these legal steps is definitely not a difficulty as you’ll find the money, win the truth and ultimately get a lot of it back. However if your fighting a huge company which has a lot of money to string from the legal action for some time could it be actually worth it? Will be the idea your trying to patent commercial enough to warrant this.
There are numerous smaller companies available that view patenting as a total waste of time and money and prefer to direct their resources, attention and cash at being the first one to market and first to innovate. Should you be one of these instead of spending what is lots of your time and expense protecting your idea?
You could be trying to patent your invention to then license it to another one company to create. For 12 months from filing your patent you have international patent protection and you need to make use of the first 10 months of the to ensure your idea may be commercialised before having to decide on which other countries to also apply in and giving your attorney a month or two to undertake the essential work. You have to move bloody fast! If you are approaching big companies they are going to often take several months to get back to you before you even demonstrate to them the invention and start negotiations. Should your carrying this out 6 – 8 months in the too far gone because they know you have virtually no time and definately will often play for time and energy to force you into a bad business position, or simply just in the hope you will not complete the patent when the twelve months is up. When you can’t tell anyone about your invention before you decide to file you patent application you may get round this by asking companies (such as us) to sign non disclosure agreements and commence work on the progression of your product beforehand so you hit the floor running as soon as the application is filed.
If the above hasn’t place you off then maybe you actually have that elusive brilliant idea. Book a scheduled appointment using a patent attorney (anything good attorney should give you a first appointment for free) and get cracking! For more information there are numerous great web resources on filing for patents which we won’t attempt to re-create here.
A few patent help tips – When researching an invention you’ll often have to read through existing patent applications to ensure your idea is new. Patents could be many pages long and horribly worded, but generally its only the first primary claim in a patent which is essential. The remainder will surely be lesser claims the patent can fall to if the higher claims be overturned or rejected from the patent examiner.
Where there could be ambiguity in a claim the patent description is able influence the claims and could therefore happen to be deliberately written as such, so look over the description to determine if it tries to provide this.
Patent claims are not exclusive. Just because a claim describes a way of doing something doesn’t imply that it couldn’t be done differently.
Patents add a detailed description which is generally intended to offer an explanation / instructions of how the invention might be utilised. Be aware that this only has to cover one specific utilisation of the invention and doesn’t exclude the claims being used in alternative methods.
Claims generally relate with an Apparatus (equipment designed or assembled for the purpose) or perhaps a Method (an easy method of doing something), and quite often patents include both with all the intention that the method claims could be fallen back on in case the apparatus claims be rejected.
Interestingly among the aims of patents is always to promote Inventhelp Vibe. Whilst blocking others from copying ideas might appear to do the precise opposite, the natural reaction when dealing with a patent it to try and work around it. We’ve worked with several companies and done exactly this, having been briefed using a product they want to produce as well as the existing patent seeming to block it. There is certainly almost always a means round a patent nevertheless the aim is to attempt to get it done in a way in which leaves you with a commercial product which still serves its purpose in an affordable way (great patents block this by protecting against each of the economical means of achieving exactly the same thing).
Filing a patent application doesn’t suggest that any searching will likely be done. Everything that happens is the application is filed and due to the once over. It can then be examined in detail with a patent examiner but even when the patent is awarded it may be overturned at any time if prior art could be proved. If you want your application to get a level of commercial value (in case your doing it for IP purposes) you need to also do a search. However even then keep in mind searches are certainly not necessarily as skilled you might expect and patent office searches is not going to necessarily search anything apart from previous published patent applications and filings. Should you be just filing throughout the uk then a UK patent office search will needless to say be the best route, but if you plan to submit internationally bear in mind that searches carried out for EU or international applications will often be far more detailed and thorough. The reason is that you can find far more EU patent examiners and also this tends to imply that individual examiners are able to be much more knowledgeable in their specialised areas. You can elbgql for alternative party searches but whilst these are often very costly (£1000 and upwards) they are not necessarily much better than the search the UK patent office provides except if you spend a lot of cash (the price of the UK search is subsidised). One thing to always remember about searches is the fact that its tough to quantify searching result. Simply because searching didn’t find prior art doesn’t suggest that an alternative search won’t.
There is not any point giving the patent attorney a lot of information. They need to write the patent off their experience and knowledge, not from your bad attempt. Here’s what needs to be ideally provided:-
* Drawings and descriptions of the drawings to obtain the idea across.
* The advantages of the invention.
* Modifications that are easy to the invention.
* Crucial points and optional points.
* Don’t include tons of existing patents – they’ll only need to read them and will therefore will cost more. A couple of might be helpful though.