Re: What\'s invovled in getting a Patent???
Some of the advice here is correct, some is bogus.
The provisional patent is a good way to get your date established and documented. Mostly you have to describe the invention in enough detail and specifically what part of the invention is the novel new part.
I think anybody can file for a patent. A lawyer is not *required*. However, writing your own patent is tricky from two points of view.
First, you have to get it past the patent office. They will likely reject your first few applications on various technicalities. These are usually easy enough to fix.
Then, they will reject your invention or portions of your claims as being too obvious or duplicating an invention that has already been disclosed. Sometimes they are right. It is amazing how much cool stuff has already been patented - literally millions of ideas!
Other times they are stretching things beyond what is reasonable to call an obvious anticipation of your invention. Usually they do this by citing combinations of previous inventions that add up to your invention. They typically just use keyword searches to come up with things in the first few rounds of rejection, but then after the first few trys, they get serious about finding a combination that duplicates your invention exactly. Then you basically have to convince them that your combination of things is new and novel and nobody would have ever thought of it before you told them about it.
You want to write your patent to describe how your invention is different from the prior art in the first place. This is what all the searching is about. You need to become an expert in all the previous patents related to what you are building. This is a lot, lot easier now that the Patent Office has everything online. In the evenings, their server is less busy and you can bore yourself to death all night reading all the other related patents you can find.
The second tricky part is that even if you get a patent issued, it might not protect all that much. If your patent is written too narrowly, then somebody can "design around it" and make the same thing with a slight variation. For example, say I patented the concept of a wheel that is exatly 31.415 inches in circumference (don't laugh, there are patents on computer disks being 3.5 inches in diameter). Somebody else could come back and just make their wheel 31.425 inches and they would not be infringing on my patent.
So instead, you want a patent on "a wheel" in general. Of course this is impossible to get issued because lots of people have patented all sorts of variations of wheels, so it will be obvious. You are stuck working between the exact very specific variation of the thing you invented which will always be unique, and trying to make your patent protect as much turf as possible.
A common strategy is to include claims that cover a range of things from the most specific, narrowest possible description of your invention to the most general, far-ranging description that would cover everything related. Since the claims are individually evaluated, some can be rejected while others are allowed. So then you take as much as you can get in one try without so many rounds of ammended applications and appeals.
Lots of other stupid mistakes in the language of your claims can leave the door open for design-around. For example, extra words that describe something for no reason.
Finally, you have to enforce the patent. Again, you will be tempted to hire a lawyer. If its worth serious money, its worth fighting over. If its a way to save $0.01 per decade on building a tractor, well not a lot of money in that to fight over to start with. Both sides will only want to spend what is commensurate with the profit involved. Your first step is a letter. Then, hire a lawyer to write a sterner letter, then sue, etc.
Technically, the
www.uspto.gov website has all the instructions you will need. There are also books on the subject "patent it yourself".
A "real" patent lawyer from a reputable firm will cost you $200 to $500 per hour and will work in your best interest in writing the patent and getting it through the patent office (and eventually enforcing it if it comes to that). They are going to make enough money up front and in the open that they will not be tempted to try and rip you off.
Anybody else who purports to want to "help" you market your invention for free or at "no cost" - I would be very suspicious of.
Also, don't tell anybpdy about your invention until you file your provisional claim or otherwise get some solid documentaiton of the invention date. In the absence of other proof, the first to file the same idea will be awarded the patent. Proof that will hold up in court will be a notarized document that is signed by somebody who "read and understood" the patent.
Companies have those notebook signing procedures to try and establish the earliest possible invention date where there is the chance of duplication by other companies in highly competitive markets. However, worst case on establishing your date will be the date of your application that first describes your invention, no matter how long it takes to go through the patent process.
Expect the process to take two to three years if all goes well.
A good way to learn what a patent has in it is to read a bunch of them. Some are not as boring as they appear at first, especially if you pick some related to your area of interest. you have to go through the searching process anyway.
- Rick
