Patent An Invention
Let's start by differentiating the types of intellectual property protection. A copyright protects artistic and literary works. A trademark protects the symbol, word, or a design that represents a certain product. A patent only protects inventions.
To patent an invention you apply under the category of utility patents. A utility patent protects the way an article actually works.
A patent usually lasts 20 years from the date that you applied for the patent. Some inventions can and do fall under two categories of patents-utility and design. The law says that you can apply under both. But, design patents are valid only for 14 years.
Who can patent an invention?
The patent application must be in the name of the actual inventor. If more than one person is involved, you all apply as joint inventors. The citizenship of the applicant doesn't matter; a Russian creator can submit an application in America, no questions asked.
Introducing the world to your invention
If you decide to introduce or display to the world to your invention before it's actually ready to be patented, say at a fair or in a magazine, you have one year from that publication date to apply for a patent. If you don't respect that rule, you lose your right to a patent.
Before you're all set to patent your invention, you may ask for a Disclosure Document. This is a paper, effective for two years, that discloses your invention and more importantly its date of conception. It doesn't have the same legal power as an application, but it's a more convincing type of substantiation. Particularly handy when showing possible investors that you're serious.
There's also the possibility, if you choose, of filing a Provisional Application for Patent. This procedure was established to allow for cheaper ways to apply while giving American applicants the same weight as foreign inventors. If you go for this option, you'll be authorized to use the term "patent pending" in relation to your creation. From that moment, you'll have one year to apply for a regular patent.
Why patent your invention?
A patent allows you to protect your idea and generate money with it. Without patent protection, another company or individual can freely copy your idea. Once you start the patenting process, you can tell others about your invention without losing your patenting rights or having it stolen. This allows you to market your invention for sale or licensing.
Your Patent Benefits
You are granted a right to prevent others from making, using, selling, offering for sale, or importing your patented invention for a limited time (twenty years from the application's filing in most cases). This is a powerful right because it is a limited monopoly that may give you significant market advantage.
Can you file your patent application all by yourself?
Yes, you can. The law says that an inventor may file a patent application by himself. But, experience at the patent office shows otherwise. If inventors describe their inventions narrowly missing out on vital details. For example read the Federal Circuit's recent decision in Chef Am., Inc. v. uLamb-Weston, Inc. (Fed. Cir., February 20, 2004). )This case clearly illustrates that simple, careless, uncorrected mistakes can and do lead to worthless patents. The case centered around U.S. Patent No. 4,761,290 which contains a claim that recites a step of "heating the resulting batter-coated dough to a temperature in the range of about 400'F to 850'F." The court ruled that the claim required the dough itself, rather than the oven air, be at a temperature of 400-850 degrees. Therefore, you can put the dough in an oven that is heated to 400 - 850 degrees without infringing the patent!
So its better to be prudent and apply for professional otherwise you might as well watch your money fly out the door!
Let's start by differentiating the types of intellectual property protection. A copyright protects artistic and literary works. A trademark protects the symbol, word, or a design that represents a certain product. A patent only protects inventions.
To patent an invention you apply under the category of utility patents. A utility patent protects the way an article actually works.
A patent usually lasts 20 years from the date that you applied for the patent. Some inventions can and do fall under two categories of patents-utility and design. The law says that you can apply under both. But, design patents are valid only for 14 years.
Who can patent an invention?
The patent application must be in the name of the actual inventor. If more than one person is involved, you all apply as joint inventors. The citizenship of the applicant doesn't matter; a Russian creator can submit an application in America, no questions asked.
Introducing the world to your invention
If you decide to introduce or display to the world to your invention before it's actually ready to be patented, say at a fair or in a magazine, you have one year from that publication date to apply for a patent. If you don't respect that rule, you lose your right to a patent.
Before you're all set to patent your invention, you may ask for a Disclosure Document. This is a paper, effective for two years, that discloses your invention and more importantly its date of conception. It doesn't have the same legal power as an application, but it's a more convincing type of substantiation. Particularly handy when showing possible investors that you're serious.
There's also the possibility, if you choose, of filing a Provisional Application for Patent. This procedure was established to allow for cheaper ways to apply while giving American applicants the same weight as foreign inventors. If you go for this option, you'll be authorized to use the term "patent pending" in relation to your creation. From that moment, you'll have one year to apply for a regular patent.
Why patent your invention?
A patent allows you to protect your idea and generate money with it. Without patent protection, another company or individual can freely copy your idea. Once you start the patenting process, you can tell others about your invention without losing your patenting rights or having it stolen. This allows you to market your invention for sale or licensing.
Your Patent Benefits
You are granted a right to prevent others from making, using, selling, offering for sale, or importing your patented invention for a limited time (twenty years from the application's filing in most cases). This is a powerful right because it is a limited monopoly that may give you significant market advantage.
Can you file your patent application all by yourself?
Yes, you can. The law says that an inventor may file a patent application by himself. But, experience at the patent office shows otherwise. If inventors describe their inventions narrowly missing out on vital details. For example read the Federal Circuit's recent decision in Chef Am., Inc. v. uLamb-Weston, Inc. (Fed. Cir., February 20, 2004). )This case clearly illustrates that simple, careless, uncorrected mistakes can and do lead to worthless patents. The case centered around U.S. Patent No. 4,761,290 which contains a claim that recites a step of "heating the resulting batter-coated dough to a temperature in the range of about 400'F to 850'F." The court ruled that the claim required the dough itself, rather than the oven air, be at a temperature of 400-850 degrees. Therefore, you can put the dough in an oven that is heated to 400 - 850 degrees without infringing the patent!
So its better to be prudent and apply for professional otherwise you might as well watch your money fly out the door!
