Is It An Invention? First things first. You can not patent an idea simply because you feel 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 turn for this public release of Prototype Service Inventhelp, if it really is new the state will grant you exclusive rights to it for 25 years. Therefore in order to patent your idea, its core concept needs to be explainable in easy and direct terms.
The other reason you can’t just patent an idea is that it must involve a novel and inventive step. The novel bit is not hard but a common misconception is the fact many individuals think they could obtain a patent since they are the first person to create the idea. However, when you take a moment for your first meeting with a patent attorney one of the primary things they may wish to establish is whether or not your invention is really an invention. It really is essential to understand this, so that you don’t spend time looking at patenting a thing that is actually not patentable. A very simple explanation of the ‘obviousness’ test is 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 after that your idea is not an invention, its simply the logical implementation of current day knowledge to a new problem and therefore you can’t patent it.
This is an excellent description in more legal terms of the EU method of judging inventiveness (great britain is slightly different): Will there be any teaching inside the prior art, in general, that would, not simply could, have prompted the skilled person, confronted with the goal technical problem formulated when considering the technical features not disclosed from the closest prior art, to change or adapt said closest prior art while taking account of the teaching [the teaching of the prior art, not simply the teaching of the closest prior art], thereby arriving at something falling in the regards to the claims, and thus achieving just what the invention achieves? It’s the “would, not merely could” which is the important definition here.
The US is a bit different to Europe and this inventiveness step is regularly not properly tested or applied, ultimately causing many patents being granted in the united states that are actually very obvious logical implementation of existing ideas. A lot of companies have spent huge sums of money trying to overturn such patents but although a granted US patent could be overturned its is incredibly rare that certain is. In lots of ways the usa patent method is more akin to what many people assume about patents right here, should your the first person think of an understanding then you could patent it. The most obvious negative thing is that numerous bad patents have already been unfairly granted and also have unfairly blocked numerous others from having the capacity to produce items that should never happen to be protected by patents in the first place.
Commercial Value – If you’ve have got to here then hopefully you have I Want To Patent My Idea that may be patentable. The following tests tend to be completely overlooked at the outset but are also important. The first and most significant is the thing that will an effective granting of the patent do to suit your needs? Patents cost money. Sure you can search and file yourself however its incredibly time consuming and like all things legal bringing in an expert, in the form of a patent attorney, is usually a better route. Performing the searches and filing your patent application via an attorney will definitely cost a couple of thousand pounds. Afterwards you have a relatively short period of time before you have to decide if you are going to file the patent in other countries throughout the world, which costs more cash and in case you are filing in plenty of countries the translations may become very costly. Once you’ve got your patent afterwards you have ongoing costs each year to patent offices to keep the patent active. So whatever it is your trying to patent has got to become worth this coming from a commercial business perspective (if you are postpone by the very thought of having to spend several thousand pounds using a patent attorney is the thing that your doing really worth patenting at all?).
Lots of people and corporations apply for patents to gain the IP, so that they can then attract investors to assist them to place their invention forward. If you’ve watched a couple of episodes 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 want someone to purchase your company or idea they need to feel secure by doing this. For those who have a patent for a good idea that can be commercialised it can often provide exactly this protection for the investor so you happen to be stage even closer to getting these to part using that important cash (you’ll probably also have observed that although investors are sometimes not so nice people they tend to only want to do business with nice people!).
Another misconception is the fact that once you have a patent no-one else can copy your idea. Well although legally they can’t, the State won’t actually stop them. If someone infringes on your own patent it is as a result of you to definitely stop them, typically by spending large sums of income with lawyers and using the courts. If the infringer is actually a large company, or several companies infringe your patent you need to be capable of fund the legal action. In case your invention is commercial enough then these legal steps is definitely not a difficulty as you’ll discover the money, win the truth and ultimately get much of it back. If however your fighting a huge company which has many money to string your court action for a long time will it be actually worth the cost? Is definitely the idea your trying to patent commercial enough to warrant all of this.
There are lots of 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 to market and first to innovate. Should you be one of these instead of spending what is plenty of your time and money protecting your idea?
You could be seeking to patent your invention to then license it to another one company to create. For twelve months from filing your patent you may have international patent protection and you want to use the first 10 months of the to ensure your idea may be commercialised before needing to decide on which other countries also to apply in and giving your attorney a month or two to handle the required work. You must move bloody fast! If you are approaching big companies they will often take a few months to get back to you before you can even show them the invention and commence negotiations. If your carrying this out 6 – 8 months in the too late because they know you might have almost no time and can often play for time to force you into a bad business position, or simply in the hope you wont complete the patent when the twelve months is up. As you can’t tell anyone about your invention prior to deciding to file you patent application you can get round this by asking companies (like us) to sign non disclosure agreements and start work on the progression of your product beforehand so you hit the ground running the moment the applying is filed.
If the above hasn’t put you off maybe you have that elusive brilliant idea. Book an appointment using a patent attorney (a bit of good attorney should offer you a first appointment for free) and get cracking! For more information there are lots of great web resources on filing for patents which we won’t try and re-create here.
A couple of patent help tips – When researching an invention you’ll often must go through existing patent applications to make certain your idea is totally new. Patents could be many pages long and horribly worded, but generally its merely the first primary claim in a patent that is certainly critically important. The remainder will just be lesser claims the patent can fall returning to if the higher claims be overturned or rejected from the patent examiner.
Where there may be ambiguity in a claim the patent description is able influence the claims and might therefore have been deliberately written therefore, so look through the description to see if it tries to provide this.
Patent claims usually are not exclusive. Because an insurance claim describes just one way of doing something doesn’t imply that it couldn’t be completed differently.
Patents include a detailed description which is generally meant to provide an explanation / instructions of methods the invention could be utilised. Keep in mind this only needs to cover one specific utilization of the invention and doesn’t exclude the claims used in different ways.
Claims generally connect with an Apparatus (equipment designed or assembled for a particular purpose) or even a Method (a way of doing something), and often patents include both with the intention the method claims can be fallen back on should the apparatus claims be rejected.
Interestingly one of the aims of patents is to promote How To Patent An Invention. Whilst blocking other businesses from copying ideas might seem to perform the exact opposite, the natural reaction when confronted with a patent it to try to work around it. We’ve worked with several companies and done exactly this, having been briefed using a product they would like to produce as well as the existing patent seeming to bar it. There exists typically an easy method round a patent nevertheless the aim is to attempt to do it in a way that leaves you having 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 imply that any searching will likely be done. All that happens is definitely the application is filed and given the once over. It can then be examined in depth with a patent examiner but even if the patent is awarded it may be overturned whenever you want if prior art could be proved. If you wish your application to get a amount of commercial value (should your doing it for IP purposes) you should also do a search. However even so be aware that searches are certainly not necessarily as skilled as you might expect and patent office searches will never necessarily search anything other than previous published patent applications and filings. Should you be just filing in the united kingdom then a UK patent office search will needless to say be the best route, but if you are planning to submit internationally be aware that searches carried out for EU or international applications are frequently far more detailed and thorough. This is because there are far more EU patent examiners and this is likely to imply that individual examiners can be much more knowledgeable in their specialised areas. It is possible to 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 unless you spend lots of money (the expense of the united kingdom search is subsidised). The one thing to always remember about searches is the fact that its very hard to quantify a search result. Just because searching didn’t find prior art doesn’t suggest that a different search won’t.
There is absolutely no point giving the patent attorney a lot of information. They should write the patent using their experience and knowledge, not out of your bad attempt. Here’s what ought to be ideally provided:-
* Drawings and descriptions from the drawings to have the idea across.
* The benefits of the invention.
* Modifications which are easy to the invention.
* Crucial points and optional points.
* Don’t include plenty of existing patents – they’ll simply have to read them and that will therefore will cost more. 1 or 2 might be helpful though.