Patent Definition

What is a patent and what will one do for me? Patents have a long history and are designed to protect the rights of inventors, new product creators and innovators. Basically a patent can be defined as “a grant made by a government that confers upon the creator of an invention the sole right to make, use, and sell that invention for a set period of time”. Patents are granted by most governments around the world today in order to recognize the value of new inventions or creations and protect the ability of the inventor to profit from his or her work.

The 3 Types of Patents

There are 3 types of patents in the United States – utility patents, design patents and plant patents. Utility patents are awarded for new products, inventions and things of “material substance” that have been created. Design patents, on the other hand, are awarded for unique and newly creative designs, just as the name suggests. Finally plant patents – which are not issued as often as the other two types – are awarded for new plant breeds, creative new plant formats and other plant-based creations. All 3 types of patents have the same intent – protect the rights of the inventor, designer or plant breeder.

U.S. Patent Office

A patent is a government award that gives an inventor the right to exclude others from making the same thing. According to the U.S. Patent and Trade Office, a patent is a grant of a property right with a typical term of 20 years given to the inventor or creator of the new idea or product. Importantly, patents granted by the U.S. government are only enforceable in the United States, U.S. Territories, and U.S. Possessions. Outside of the U.S., an inventor would be required to apply for patents from foreign governments to protect their inventions outside the U.S.

The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not necessarily the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.

Does Not Guarantee Success

In other words, a patent is a protection but it does not guarantee marketplace success. Patents are designed to protect your interests and property rights, nothing more. They do give you the right to exclude others from making or selling the exact same thing you have invented. However, in order to protect your rights as well as to make, use, sell or import your invention, there are additional steps required. Basically the patent is like a certificate of ownership. If you own a home or piece of land and you hold the property deed, all that piece of paper says is that you are the owner. There are no other rights or privileges that go along with ownership. As the owner or patent holder, though, you do have the right to exclude others but enforcement requires legal representation and support outside of the patent application and award system.

How Long are they Good For?

Patents are typically granted for a 20 year period. From the date granted, the patent grants the inventor these same rights – to exclude others – for the next 20 years. In the pharmaceutical industry, many times a patent award results in a market monopoly on a specific drug formulation. The company is entitled to prevent other companies from making the same drug with the same ingredients unless they have permission or have negotiated an agreement to do so. Once the patent expires, generic equivalents typically enter the marketplace and many times the original patent holder will convert the patented formula to an over-the-counter offering where a prescription is not needed. The original patent protects the rights of the inventor or company-sponsored inventions during the first 20 years.

As mentioned, though, a patent does not automatically give the inventor the right to make or sell the new products. If your invention, for example, uses a patented product or component as part of your creation you would need to then have permission or rights to use that product. Without those agreements or rights, your invention would be subject to patent infringement investigations or lawsuits. Patents are granted to protect our rights as inventors, but the scope of that protection is limited to exclusionary rights, not necessarily monopoly market power.

Eric Corl is the founder of IdeaBuyer.com which helps inventors obtain, license, and sell patents.

There are many misconceptions about what a patent is and is not. Many believe that patents can “protect an idea” in the sense of preventing people from acting on a concept you thought of. Others believe that mailing yourself notes and drawings is a “poor man’s patent” that provides sufficient protection. In fact, patents are only granted to inventions, and the only way to achieve patent status is to apply for one and have it approved by the United States Patent and Trademark Office.

In the US, a patent is a set of exclusive rights granted to an inventor by the government or a set period of time. In exchange for these rights, and to assist in their being upheld, the inventor discloses the relevant details of his invention to the Patent and Trademark office.

The two main parts of a patent are the specifications and the claims. A specification is where you describe the inner workings of your invention in gross detail. For example, the creator of a new, lighter and more puncture-resistant bicycle tire might disclose that his tire employs a revolutionary new rubber alloy that is 50% more durable than anything currently on the market. He might further elaborate that the spokes of the tire are the result of a completely unique ergonomic design that the inventor and only the inventor knows, and that this design is what makes the tires lightweight. If the inventor receives his patent, this is what will be protected.

Claims are the part of the patent that explains precisely what this invention does, and is capable of doing. Claims are where you define the invention and what it is from a customer’s standpoint. So for example, you would state something like “Bicycle tire employing X proprietary rubber alloy for and Y spoke design to achieve maximum durability and lightness.” This illustrates, concretely, what your patented invention is.

To get a patent, inventors must also typically include a drawing or prototype of their invention. Many novices assume that patents protect mere ideas. That is, you can think of something, write down your idea in a patent application and own sole rights to it. In fact, this is not the case. To protect and foster innovation, the Patent and Trademark Office will only grant patents to those who create something based on an idea.

Contrary to popular belief, a patent is not a right to use the invention in question. Rather, what a patent does is give an inventor the right to exclude others from making, using, or selling the patented invention for however long the patent lasts. In the US, this is generally 20 years from the date of the patent being filed.

When and if it becomes necessary to enforce a patent, this can generally only be done through civil lawsuits. In most cases, the patent holder will seek monetary compensation for any past infringements. In addition to any damages, he will also seek an injunction. This is a court order prohibiting the infringer from infringing on the patent at any point in the future. It is the court’s way of saying, “We know what you did, and it needs to stop.”

To prove that a patent was infringed upon, the patent holder must prove that the infringer practices all of the requirements set forth in at least on of the patent’s claims. Recall that a patent’s claims are literally the patent. They set forth exactly what it is that this invention does. So if someone stole your spoke design and bribed your scientist into spilling your rubber alloy formula, you will most likely be successful in getting an injunction against that person. Your patent will be recognized and upheld by the courts.

It is also worth putting a naïve patent myth to rest. Many believe it is possible to bypass the lengthy patent application process and high fees by simply mailing yourself an envelope with lots of sketches and idea notes in it. By sending it via federally certified mail, this supposedly “proves” that you were the first to conceive of an idea at a certain time. While this might be useful under certain circumstances, it alone will not provide you with the protection a patent does. Courts will not recognize this as sufficient evidence that you have rights to an idea.

In short, the best advice for those seeking patent protection is to spend the money and consult a patent attorney. These are people who have spent years studying the ins and outs of patents and patent law. If you are thinking of staking your livelihood on a patent idea, these are the people whose advice you want to seek.

There are many misconceptions about what a patent is and is not. Many believe that patents can “protect an idea” in the sense of preventing people from acting on a concept you thought of. Others believe that mailing yourself notes and drawings is a “poor man’s patent” that provides sufficient protection. In fact, patents are only granted to inventions, and the only way to achieve patent status is to apply for one and have it approved by the United States Patent and Trademark Office.

In the US, a patent is a set of exclusive rights granted to an inventor by the government or a set period of time. In exchange for these rights, and to assist in their being upheld, the inventor discloses the relevant details of his invention to the Patent and Trademark office.

The two main parts of a patent are the specifications and the claims. A specification is where you describe the inner workings of your invention in gross detail. For example, the creator of a new, lighter and more puncture-resistant bicycle tire might disclose that his tire employs a revolutionary new rubber alloy that is 50% more durable than anything currently on the market. He might further elaborate that the spokes of the tire are the result of a completely unique ergonomic design that the inventor and only the inventor knows, and that this design is what makes the tires lightweight. If the inventor receives his patent, this is what will be protected.

Claims are the part of the patent that explains precisely what this invention does, and is capable of doing. Claims are where you define the invention and what it is from a customer’s standpoint. So for example, you would state something like “Bicycle tire employing X proprietary rubber alloy for and Y spoke design to achieve maximum durability and lightness.” This illustrates, concretely, what your patented invention is.

To get a patent, inventors must also typically include a drawing or prototype of their invention. Many novices assume that patents protect mere ideas. That is, you can think of something, write down your idea in a patent application and own sole rights to it. In fact, this is not the case. To protect and foster innovation, the Patent and Trademark Office will only grant patents to those who create something based on an idea.

Contrary to popular belief, a patent is not a right to use the invention in question. Rather, what a patent does is give an inventor the right to exclude others from making, using, or selling the patented invention for however long the patent lasts. In the US, this is generally 20 years from the date of the patent being filed.

When and if it becomes necessary to enforce a patent, this can generally only be done through civil lawsuits. In most cases, the patent holder will seek monetary compensation for any past infringements. In addition to any damages, he will also seek an injunction. This is a court order prohibiting the infringer from infringing on the patent at any point in the future. It is the court’s way of saying, “We know what you did, and it needs to stop.”

To prove that a patent was infringed upon, the patent holder must prove that the infringer practices all of the requirements set forth in at least on of the patent’s claims. Recall that a patent’s claims are literally the patent. They set forth exactly what it is that this invention does. So if someone stole your spoke design and bribed your scientist into spilling your rubber alloy formula, you will most likely be successful in getting an injunction against that person. Your patent will be recognized and upheld by the courts.

It is also worth putting a naïve patent myth to rest. Many believe it is possible to bypass the lengthy patent application process and high fees by simply mailing yourself an envelope with lots of sketches and idea notes in it. By sending it via federally certified mail, this supposedly “proves” that you were the first to conceive of an idea at a certain time. While this might be useful under certain circumstances, it alone will not provide you with the protection a patent does. Courts will not recognize this as sufficient evidence that you have rights to an idea.

In short, the best advice for those seeking patent protection is to spend the money and consult a patent attorney. These are people who have spent years studying the ins and outs of patents and patent law. If you are thinking of staking your livelihood on a patent idea, these are the people whose advice you want to seek.

The United States Patent and Trademark Office is the governmental agency in charge of granting patents to inventors. As USPTO.gov states,

For over 200 years, the basic role of the United States Patent and Trademark Office (USPTO) has remained the same: to promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries (Article 1, Section 8 of the United States Constitution).

The major function of the patents office is to examine patent applications and determine whether or not the invention in question is worthy of a patent. They also examine trademark applications in the same way. Unlike many other government agencies, the patents office is self-funded, that is, supported solely by the fees it collects from inventors for patent and trademark applications.

The patents office has three essential responsibilities as an agency:

1) It administers the laws pertaining to patents and trademarks

2) It advises the Secretary of Commerce, the President, and his entire administration on the protection of patents, trademarks, and copyrights

3) It provides general advice to the public on the trade aspects of intellectual property.

In total, the United States Patent and Trademark Office employs 8,189 people. Most of them work in the patent office’s five-building headquarters in Alexandria, Virginia. Of that number, 4,883 employees are patent examiners. These are the people who physically evaluate your patent application for the various criterions and decide whether or not to grant a patent. Another 413 employees are trademark examination attorneys. These are people qualified to act in matters involving trademark law, and accordingly, they have the task of evaluating trademark applications.

There is one key difference between these two groups. Patent examiners are scientists or engineers, but they are not required to have law degrees and so not all of them do. Trademark examiners, on the other hand, are required to be licensed attorneys. Both groups of examiners work under a quota system that dictates how many patents and trademarks they are authorized to grant in a given timeframe.

The remaining employees are all support staff to one or both of these two groups.

The patents office grants literally thousands of patents to corporations and inventors every year. To date, over seven million patents have been issued and recognized by the agency.

With the advent of Internet technology and the World Wide Web, the patents office has begun accepting patent applications filed electronically. Inventors or their patent attorneys have been able to file patent applications as Adobe PDF documents since March of 2006. The process is relatively straightforward and can be accomplished at the following web URL. Filing fees are paid via credit card or a USPTO “deposit account”, which is explained in greater detail on the website.

The ability to search for existing patents via the USPTO website has also improved in recent years. The website provides free electronic copies of existing patents with using TIFF, a container format for storing images. However, several commercial services exist to provide patent documents in other, more convenient formats such as CPC and Adobe PDF.

It is also possible for inventors to file their own patent applications without the help of a patent lawyer. This is known as pro se patent filing, and is actually quite common as a means of saving thousands of dollars is legal fees. The general rule is that the less complex an invention is, the more sense it makes for the inventor to do some homework and attempt to file the application himself. If an invention is significantly complex, however, it is probably a better idea to seek the aid of a patent attorney.

While the patents office cannot recommend specific attorneys to you, they do post a list of registered attorneys. If you are new to inventing and unsure of where to find a good attorney, use this list as a starting point. Copy down the names of some attorneys in your area and investigate them further before deciding on one.

In closing, the United States Patent and Trademark Office is the agency you must deal with in your quest for patent protection. By educating yourself about the nature and expectations of this agency, you will be better prepared to get your patent approved.

The way you file a patent is by filling out an application and submitting it to the United States Patent and Trademark Office for a fee. Of course, patent applications are not like job applications or credit card applications. This is where you explain your invention in gross detail and have it meticulously examined by people with scientific and/or legal training. Thusly, you want to ensure that your patent application is rock solid. No corners cut.

The first thing to be mindful of when filling out your patent application is making sure you use the right legalese. Most people know that lawyers speak differently about legal matters than the way they talk in passing, and this is crucial for your patent application. Accordingly, you cannot expect to “set aside a night and bang it out.” Your application’s chances of being approved hinge greatly on how well-written it is.

Here’s a good example the good folks at About.com offer to help weary inventors:

You might want to describe your invention with language like, “Part A is nailed to part B.” However, this is actually very weak from a legal perspective. Why, you ask? Well, how hard would it be for someone else to apply for essentially the same patent with wording like, “Part A is glued to Part B?” Not hard at all. In fact, it happens all the time.

Instead, you want to shoot for something like “attached” or “attached by various fasteners.” This type of language broadens the scope of your patent. It helps protect against knock-off artists who would capitalize on your invention by changing trivial words to appear unique.

Another daunting part of the patent filing process is that unlike most applications, the most complex parts have no pre-made spaces for you to fill in. Instead, you as the inventor will be staring at blank paper that you must fill yourself. What will you fill it with? Let’s ask Eugene K. Quinn, patent law professor and founder of IPWatchdog.com:

“…without some identifiable embodiment of the idea there can be no intellectual property protection.”

In this case “identifiable embodiment” often means a drawing. You or someone you know and trust will need to draw your invention and include the sketch with your application.

In general, applying for a patent without the help of an attorney is not recommended. The nuances and subtleties of the USPTO are enough to spend a lifetime studying, and that is precisely what patent attorneys do to ensure that applications they submit are airtight. However, if you do choose to go it alone, here is what you will need.

1) A written document that includes a specification and claims. A specification is where the inventor describes, illustrates, and/or discloses the inner workings of the invention in enough detail that someone experienced with the field could understand what it is. Claims are the part of the application where you specifically state what the invention is and is capable of doing. Claims, in the words of one attorney, literally “define the invention and what it is.” What you put in the claims is what patent law will protect.

2) A drawing of the invention. It is important that this drawing mirrors as closely as possible the actual way in which your invention will function and be used. Any discrepancies here can be used by competitors or litigators to try and invalidate your patent.

3) The filing fee. There is a fee when you apply, another fee when the patent is issued, and regular maintenance fees thereafter.

At a bare minimum, this is what your patent application must include. However, other steps can and should be taken to solidify it. One important consideration is proving that you were the first to conceptualize your idea. This is because United States patent law is based on the “first to invent” rule, whereby the first person to reduce an idea to a working prototype or clear description has rights to it.

So how can you prove that you were the first? The most surefire way is to keep a well-documented log of your records, including detailed test results and a sequentially ordered set of steps you took to reach your idea. Such material proves that your involvement with the idea began at a certain time and continues to the present day.

Be warned however that the alleged “poor man’s patent” of mailing yourself your idea does not work and will not stand up in any court. Instead, visit this URL on how to set up a good legally admissible log book.

In short, you need to be aware that preparing and filing a patent application is a serious, time-consuming process. You should attempt it only after a thorough consideration of all that will be required of you.

One of the issues in regards to having multiple inventions that you’re working on at the same time is the all too familiar focus factor. When you try to move multiple inventions along at once you are spreading your time, money, and energy in different directions which makes it hard to progress well on either of them. Therefore, it will typically take longer and be harder to sell 3 patents than to sell 1 even if you sell them in sequence.

The best way to approach your multiple patents for sale is to prioritize which ones you think are best positioned in terms of timing, how developed they are, their market potential (# of potential customers and unit price). Once they have been prioritized using those criteria, create a strategic plan and pursue each one individually of the others. You should focus 100% on getting your invention in front of potential buyers.

After coming to terms regarding your first patent being you’ve either sold it outright, locked up a licensing deal, or decided the timing isn’t right, you’ll be ready to regroup and start working on the next one. Given that the market conditions and your experience may have improved you’re patents may now have a different priority scale so you will want to prioritize them against your criteria once again. You’ll then want to decide which patent you’d like to list for sale and get going on that one.

This process can obviously repeat as many times as you would like but your priorities will most likely change after you have a few successful licensing or sale deals. Marketing a patent for sale to companies looking for new technology and product development can be a strenuous job. There are a wide variety of inventor groups that can help you get to market quicker. These groups typically have a few successful inventors involved in them and then the rest being amateurs. Never the less, they are very beneficial groups to get involved with as you can share experiences in processes as well as with various companies.

To list your patent for sale you can visit http://www.ideabuyer.com and get it exposure in front of companies looking for new products or technology to commercialize. There is a fee but it is extremely reasonable given the amount of value you will receive from the listing and the site in general.

by Laurence Winslow

Often inventors and innovators will come up with a way to make a better mousetrap. Often they will find others hold patents to a critical component to make this better mousetrap innovation or invention. Therefore they need to make a deal with the company or individual holding the patent so that they can use this technology to make their invention and sell it. One way to do this is to offer to pay them a per unit royalty on each unit made or sold. And most savvy companies who agree to this will want audit rights to check the books on how many items were built and/or sold by the better mousetrap maker. Recently I was asked by a innovator and think tanker; “I need more insight on the audit rights you talked about?”

Well if you started selling them and were going to give them a per unit stipend then they would need to be sure you told them of “ALL” actual sales; That makes sense right?

“Is it possible that they might offer the seed money to put together a prototype?”

Yes, if I were an executive of that company holding the patent, I would put you in contact with my engineers and sit at a table and listen in on the meeting, then take notes, prepare and agreement, think on it for a day, discuss options and have my lawyer draw it up and have the whole thing done within two days, give you parts and make some renditions.

If my company is to fund your project with you, we would want to make sure the product sells well, since we are wholly invested with our technology and now capital in your project. And we would need to sign a deal or I might even consider putting you on and keeping you on the company payroll.

You see either way, whether you make it for them, for yourself or they make it for you or for themselves. The company may consider various options if you have a good business plan and innovation using their technology. Indeed the better mousetrap builder should know who they will be dealing with and should learn everything they can about the company before approaching them. Think on this in 2006.

“Lance Winslow” – Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance in the Online Think Tank and solve the problems of the World; www.WorldThinkTank.net/

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by Sujith Pillai

Patent attorney – hiring one is very expensive. Still, you need one for filing your patent. So, how do you go about hiring one?

Most newbies consult with a patent attorney as soon as they have an idea which they want to pursue. The patent lawyer will advise that filing for patent protection is the very first step to be taken. Immediately, the newbie budgets an amount for this, and throughout the process, will spend a considerable amount of money. At the end, he/she may learn that the patent idea is not marketable!

Some tips to do this the right way:

1. When hiring a patent attorney, always go with those who offer a free initial consultation
2. Make sure the patent attorney has filed similar patents before. An example: a patent attorney who has filed software patents for his (or her) clients will be able to better handle your patent application for something like translator software. 3. Make sure the patent attorney will not charge you for simple queries.
3. Make sure the patent attorney provides you with a cost estimate, once you provide him with a summary of your idea.
4. Always prepare an initial draft of the patent application. This will save you a lot of money, since the time spent by the patent attorney to draft the application will be lesser.
5. Find attorneys who are willing to start without a retainer
6. Find out a patent attorney who understands your needs, and is willing to communicate with you.
7. Do not ask the patent attorney general questions which you can find by reading books or surfing the Internet. Remember, you are paying for his time!

Feedback: please send your feedback to: info at intellectualvillage dot com – we will greatly appreciate it!

This article was published at http://www.intellectualvillage.com IntellectualVillage.com brings you interesting patents and inventions from all over the world. It also provides free resources for inventors.

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