Advice on Patents
So
, you've invented something.
That's just
great!
Okay, now what?
Getting a Patent!
For most
individuals the invention is the easy part.
Most people who have
invented a product, did so in response to a problem or
recurring annoyance. With necessity being the mother of
invention, they try to find a solution that will eliminate
the difficulty, or at least make it easier to deal
with.
This
is actually the easy part. That's due to the fact the problem
is self explanatory. After all, it's easy to tell what the
difficulty is, or where the most time is
lost.
Now you've worked out all the bugs, made a
working prototype, and dealt with the naysayers. It
should be a simple matter of visiting a patent
attorney for a minute to get some advice on
patents.
He's
given you some practical patent information and a few
money saving patent tips. You leave there, confident in
his abilities to save money on patents.
It's
almost as though he knows someone in the patent office! He's
even going to do the patent search online to save some time.
Who knew you could work with the patent office
online.
You
may as well head to a local beer distributer and pick up a six
pack to take home and celebrate your good fortune. The patent
is as good as gotten.
Now's a good time to start planing your
investment funds. The phone is probably already ringing from
companies wanting to offer you millions for your invention. Ah,
life is good!
WRONG
As
an individual inventor, the tough part is just
about to start. It is quite difficult to know
where to begin. There is an incredible amount of
questions to be answered regarding protection of your
idea or product. There are even more answers than
questions, some good, some not so good. This site is
dedicated to providing the answers needed about
how to get a
patent.
Unfortunately, most inventors
are generally not educated in the area of patenting a
product. Most have no clue where to start. After all most
inventions made by individuals are somewhat
accidental.
Even
though they were searching for an answer, or solution to
make their life easier, often the results are doubtful,
even to the inventor. Why do you think it's not called
WD-39? Forty attempts to get the formula right. Most
people would give up after twenty, or
two!
What
is even far less likely, is that the inventor will have
even a remote idea of what to do next. This is
hardly what they teach in high
school.
Learning the patent
process is not learned quickly, or by using the
same strengths you used in the inventing
process.
The
amount of time required to learn the process is
considerable. The information is specialized enough that
even most attorneys aren't licensed to
provide patent services.
That
is not to say they aren't smart enough to qualify. It
simply means that they didn't choose to enter this area
of law, so haven't jumped through the hoops required to
get licensed for this area of
law.
The United States Patent
Office provides a list of qualified patent attorneys.
They do not endorse or recommend any of them, or at least
aren't supposed to.
For
the layman, it is a difficult and very time consuming
process. The sheer size of the Patent Office web site is
an intimidating and extensive amount of information to
sift through.
So
for many inventors, it becomes a matter of opening a
phone book, doing an internet search, or stumbling across
a late night infomercial.
That amounts to placing your
financial well being in the hands of what
is usually a complete
stranger. Unless of
course you're fortunate enough to have a patent attorney in the family,
you really are at the mercy of the attorney, or invention
promotion service.
Based on the comments on the
USPTO, (United States Patent and Trademark Office),
website, an area to avoid is falling for one of these
"invention promotion services". While some are legitimate, many
are not. The patent office is not able to help you in any
way with difficulties arising from using these
services. You're on your own.
Now the Good News
Armed with some
readily available
information, you can be a little more at ease about the
process. Although finding those bits of information can take
tens or even hundreds of hours.
There are a number of processes considered
standard operating procedures, for many Patent Attorneys. This
is a result of them streamlining the process to enable them to
handle greater volume. It is their lively hood after all. And
in the interest of self preservation, it's not always the best
or cheapest way to go for the inventor.
Some of the streamlining process
is nothing short of
throwing your hard earned money away. Again, "BUYER
BEWARE".
There are no industry standards or
regulations regarding what can be charged for the services
provided by any patenting agent.
© Lee A. Jesberger
- 2008
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