The light bulb above
your head is glowing so bright that it's threatening to blind everyone around
you. But what should you do with your great invention idea? Before you start
blabbing about your invention to the wrong person or run to the first company that
offers to buy it, you need to do one thing: Protect it.
Whether you want to
produce and market your invention yourself or license it to another company,
the only way to make money from your invention and to guarantee that no one
will steal your idea is to file a patent with the Trademark
Office. This can be an intimidating process, so you visit PatentCafe.com,
to break it down for you in five easy steps.
Step 1: Document It
Simply having an
"idea" is worthless--you need to have proof of when you came up with
the idea for your invention. Write down everything you can think of that
relates to your invention, from what it is and how it works to how you'll make
and market it. This is the first step to patenting your idea and keeping it from being stolen. You've
probably heard about the "poor man's patent"--writing your idea down
and mailing it to yourself in a sealed envelope so you have dated proof of your
invention's conception. This is unreliable and unlikely to hold up in court.
Write your idea down in an inventor's journal and have it signed by a witness.
This journal will become your bible throughout the patent process. An
inventor's journal can by any bound notebook whose pages are numbered consecutively and can't
be removed or reinserted. You can find specially designed inventor's journals
at bookstores (try Nolo
Pressor the Book
Factoryto start), or you can save money and purchase a generic
notebook anywhere they're sold, such as the grocery store, office supply store,
stationary store, etc. Just make sure it meets the requirements above.
Step 2: Research It
You will need to
research your idea from a legal and business standpoint. Before you file a
patent, you should:
- Complete
an initial patent search. Just
because you haven't seen your invention doesn't mean it doesn't already
exist. Before you hire a patent attorney or agent, complete a rudimentary
search for free at www.uspto.govto
make sure no one else has patented your idea. You should also complete a
non-patent "prior art" search. If you find any sort of artwork
or design related to your idea, you cannot patent it--regardless of
whether a prior patent has been filed.
- Research
your market. Sure, your brother thinks your idea for a new lawn
sprinkler is a great idea, but that doesn't mean your neighbor would buy
one. More than 95 percent of all patents never make money for the
inventor. Before you invest too much time and money into patenting your
invention, do some preliminary research of your target market. Is this
something people will actually buy? Once you know there's a market, make
sure your product can be manufactured and distributed at a low enough cost
so that your retail price is reasonable. You can determine these costs by
comparing those of similar products currently on the market. This will
also help you size up your competition--which you will have, no matter how
unique you think your invention is.
Step 3: Make a Prototype
A prototype is a model
of your invention that puts into practice all of the things you have written in
your inventor's journal. This will demonstrate the design of your invention
when you present it to potential lenders and licensees. Do not file a
patent before you have made a prototype. You will almost always discover a flaw in your original design
or think of a new feature you would like to add. If you patent your idea before
you work out these kinks, it will be too late to include them in the patent and
you will risk losing the patent rights of the new design to someone else.
Here are some general
rules of thumb when prototyping your invention:
1. Begin with a drawing.
Before you begin the prototyping phase, sketch out all of your ideas into your
inventor's journal.
2. Create a concept mock up out of any material that will allow you to create a 3-D model of your design.
3. Once you're satisfied
with the mock up, create a full-working model of your idea. There are many books
and kits that can help you create prototypes. If your invention is something
that will cost a lot of money or is unreasonable to prototype (like an oil
refinery process or a new pharmaceutical drug), consider using a
computer-animated virtual prototype.
Step 4: File a Patent
Now that you have all
of the kinks worked out of your design, it's finally time to file a patent.
There are two main patents you will have to choose from: a utility patent (for
new processes or machines) or a design patent (for manufacturing new, non-obvious ornamental designs). You can write the patent and fill out the
application yourself, but do not file it yourself until you have had a skilled patent
professional look it over first. If the invention is really valuable, someone willinfringe on it. If you do not have a strong
patent written by a patent attorney or agent, you will be pulling your hair out
later when a competitor finds a loophole that allows them to copy your idea.
It's best to get the legal help now to avoid any legal problems in the future.
When searching for a
patent attorney or agent, remember one thing: If you see them advertised on TV,
run away! Once you are far, far away, follow these steps to choosing the best
patent professional:
1. Do your homework. Have
your inventor's journal, prototype and notes with you. This will save them
time, and you money. This will also help persuade them to work with you.
2. Make sure they are
registered with the U.S. Patent and Trademark Office.
3. Ask them what their
technical background is. If your invention is electronic, find a patent
professional who is also an electrical engineer.
4. Discuss fees. Keep
your focus on smaller patent firms. They are less expensive and will work more
closely with you. Agree to the estimated total cost before hiring your patent professional.
Step 5: Market Your Invention
Now it's time to
figure out how you're going to bring your product to market. Create a business
plan: How will you get money? Where will you manufacture the product? How will
you sell it? Now is a good time to decide if you will manufacture and sell the product
yourself, or license it for sale through another company. When you license your
product you will probably only receive two percent to five percent in royalty
fees. This often scares away inventors who feel they deserve more. But consider
the upside: You will not have the financial burden associated with maintaining
a business. This could end up making you more money in the long run.
Following these five steps will ensure an easy
road to patenting your invention. Just remember that an easy road doesn't
necessarily mean a short one. From the time you conceive your idea to the time
you see your product on the shelf is a very long process. Most inventions take
years to come to fruition. Have patience and follow due diligence in your steps
to patenting your invention and your years of hard work will finally pay off.
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