Okay, you have a fantastic idea that all the suffering of the world - or at least make millions of $ $ to resolve - what are you doing? How do you start?
Well, this is the first thing you should do everything possible to get your ducks in a row. Start a hard-bound journal and put everything in writing. Drawing pictures or diagrams, as does your invention. Date and signature on each side, and you get someone you trust to him and to look dated and signed.
So get ready to spend money. Sorry, but it takesMoney to make things work. If your idea is something that is worth - to discover what is possible through the process - you should file for a patent.
A patent gives you 20 years from the date of filing the right of others to produce or sell his invention without having to hold your permission. This gives you time to develop and sell your invention on the market. Believe me or not, the patent may always the easy part. Approximately 99% is in development and marketing of this idea.
At the end of a patent, youIt 'best to find a lawyer or patent agent registered. I know that lawyers are sharks. But in this case, their knowledge is through the government bureaucracy to get much faster and easier than yours.
To give you an idea of what is going to address when entering the patent process, here are some questions to help us feel better - maybe.
PATENT FAQ's
Q: What do the terms "patent pending" and "patent applied for" mean?
A: They are usedby the inventor - or the manufacturer or the retailer of his product - to inform the public that a patent application with the Patent and Trademark Office are filed (USPTO). You can be fined if you use these terms, false and deceiving the public.
Q: Is there a danger that the USPTO will give others information contained in my application for a patent, while it is pending?
A: No, all patent applications are kept strictly secret until the patent is granted. After the patent issuedThe file is available in the USPTO file information, a room for inspection by any person and copies of the file can be purchased from the USPTO. (Archives, documentation is the space, where researchers are preparing their own patent search - are required to complete an application for a patent)
Q: Can I write directly to the USPTO to my question after paying?
A: The USPTO will respond to questions about the status of your application, if it was rejected, or pending permitAction. But if you're a lawyer, do not correspond to the charge with both. The best approach is to be transmitted for all the comments by his lawyer. Another thing - there may be some time before the application will be assigned to an examiner, and what will happen as a "office". Patience is required.
Q: Do you actually go to the USPTO in order to do business with them?
No, most transactions with the USPTO in writing,Correspondence. Interviews with examiners are sometimes necessary (sometimes useful), but many of them are made by phone by your lawyer. The cost of a trip to DC is rarely necessary.
Q: If two or more people work together, for an invention that has obtained a patent do?
A: If each person had an interest in the ideas forming the invention, which are common and inventor of a patent is issued jointly, if they can afford, through the application. But if a personprovided that all the ideas for the invention - and the other person (s) only followed the instructions to make the invention, the person would have with the ideas as the inventor - that is, the patent application and patent for his name alone.
Q: What happens when a person gives ideas for making an invention - and another person, or occupied by him and / or comes with the money to build and test the invention - the patent application must be presentedhave in common?
A: NO. The application must be signed by the true inventor - and filed with the USPTO on behalf of the true inventor. This is a time and money does not count. And 'the person with the ideas - and not the employer - not the money for the people - that they are granted the patent. When will these greedy bloodsuckers, viperous, hungry for money, not creative money to help a man or a boss of a part of his invention, he would receive its power through a contract or license for an invention - and not the patentthemselves.
Q: Does the USPTO control the fees of lawyers and patent agents pay for their services?
A: No, this is purely a matter between you and the lawyer or agent. The fees vary, as well as lawyers and agents. You should feel comfortable with your choice. It would be better to ask first estimates on the costs for: (a) a patent search, (b) The development of a patent application, (c) plans to supplement the application, and (d) monitoringApplication before the USPTO. (Note: A lawyer may only estimates. The cost of research and use of designs is good quality front definable. But the prosecution stage depends on the examiner, and that he does not like your other applications. 'can change must be made (at least one), and sweating the negotiations that all the time and effort by lawyer)
Q: Will the USPTO help me to make a lawyer or representative, myResearch or to prepare my application?
Do not do A: No. The USPTO that the choice for you. The Office maintains a list of registered attorneys and agents. In addition, some bar associations have lawyer referral services that can help you. If you have an attorney general, even if it can not help directly, if not a lawyer registered with the USPTO, you can, with a reference to help you.
Q: Can the USPTO me, if a company is hardly a reliable advice and supportReliable?
A: No. The USPTO has no direct control over these organizations. While the USPTO does not investigate complaints about invention promoters and promotion firms - or any litigation relating to such holding company - is a public forum for complaints against the companies to publish. The protection, promotion of activities for which the patent laws passed in 1999. These companies have specific support for providing information under this Act.
Q: Are thereOrganizations that can tell me how and where I can be able to get some assistance in developing and marketing my invention?
A: Yes. Organizations in your community - such as chambers of commerce and banks - can help. Many local communities have funded business incubators and industrial development organizations, which help you to identify the manufacturer and vultures can (I mean venture) capitalists, who help you might be interested. Homework - check, check, check --and be careful. Q: There are government agencies that can contribute to the development and marketing my invention?
A: Yes. Almost all states should try to schedule the state and development agencies or departments of commerce and industry, new products and goods to be produced, or to support existing processes to manufacturers and municipalities in the state. Many of these agencies are online - or at least lists of telephone numbers in pounds. If none of this writing - the governorOffice.
Q: Can the USPTO assist me in developing and marketing my invention?
A: No, the USPTO should not act or give advice on all commercial transactions or agreements that are involved in the development and commercialization of an invention. They are the fact that the patent for licensing or sale published in the Official Gazette here - on request and payment.
Q: How do I start?
A: First, of course, you must have an idea. Then the idea must be deposited in aForm, so that at least one person to be included in the field of research, the invention relates to the expert. This is usually a written description and drawing. Everything you need to explain the invention.
The next step is a patent search - to see if someone else with a similar idea came up a. A lot of times, this is the case. And a lot of time, your idea might not be enough of an improvement to be unique enough for a new patent. There are companies available for research - and mostPatent attorneys have access to their own library. It is better oblige, only to search for patents in the first place. You sign a contract for something different in the case where the search for your invention is no way to find "new" to "not" and "obvious".
If the research report, looks good (look out for artists hype), it is time commitment. Choose your lawyer and let it fly.
E 'possible to file a patent application itself - but in reality - it's like aRestaurant in Paris, France, is, and try to sort the menu. unless one knows and speaks the language, do not get what you want. In the case of a patent, the USPTO will you go out - even if your invention is great - not because the request to speak their language.
© 2006 Gary Cogley
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