Patents & Inventions: So You Have An Idea -- So What?

By Gary Cogley

Okay, you have come up with a fantastic idea that will solve all the woes of the

universe - or at least make you $millions$ - what do you do? How do you start?

Well, the first thing to do is get all your ducks in a row. Start a hard-bound journal

and put everything in writing. Draw pictures or diagrams of how your invention

works. Date and sign each page, and get someone you trust to look at it and date

and sign too.

Then, get ready to spend some money. Sorry, but it takes money to get things

going. If your idea is worth anything - which you can find out through the process

- you should file for a patent.

A patent gives you 20 years from the filing date the right to keep others from

making or selling your invention without your permission. That gives you time to

develop and sell your invention in the marketplace. Believe me or not, getting the

patent may be the easiest part. About 99% is in the development and marketing of

the idea.

To get a patent it is best to find a registered patent attorney or agent. I know,

attorneys are sharks. But in this case, their knowledge will get through the

government bureaucracy a lot faster and easier than you can by yourself.

To give you an idea of what you are going to face when getting into the patent

process, here are some FAQ’s to help you understand better - maybe.

PATENT FAQ’s

Q: What do the terms “patent pending” and “patent applied for” mean?

A: They are used by the inventor - or his manufacturer or seller of his product - to

inform the public that a patent application has been filed with the Patent and

Trademark Office (“USPTO”). You can be fined if you use these terms falsely and

deceive the public.

Q: Is there any danger that the USPTO will give others information contained in my

patent application while it is pending?

A: No. All patent applications are kept in strictest secrecy until the patent is issued.

After the patent is issued your file is made available in the USPTO Files Information

Room for inspection by anyone and copies of the files may be purchased from the

USPTO. (The Files Information Room is where searchers go to prepare their patent

searches - which are needed to complete a patent application)

Q: May I write directly to the USPTO about my application after it is filed?

A: The USPTO will answer questions regarding the status of the application,

whether it has been rejected, allowed, or pending action. BUT, if you have an

attorney representing you, the Office will not correspond with both of you. The best

practice is for all comments be forwarded through your attorney. Another thing - it

can take some time before your application will be assigned to an examiner, and

what is called an “office action” will happen. Patience is needed.

Q: Do you actually have to go to the USPTO to do business with them?

No. Most business with the USPTO is done in writing and through correspondence.

Interviews with Examiners are sometimes necessary (and sometimes helpful) but a

lot of them are done by phone by your attorney. The expense of a trip to D. C. is

seldom necessary.

Q: If two or more persons work together to make an invention, who gets the

patent?

A: If each person had a share in the ideas forming the invention, they are

considered joint inventors and a patent will be issued jointly if they make it through

the application process. BUT, if one person provided all the ideas for the invention

- and the other person(s) has only followed instructions in making the invention, the

person with the ideas would be considered the sole inventor - meaning the patent

application and the patent itself shall be in his/her name alone.

Q: What if one person supplies all the ideas to make an invention - and another

person either employs him and/or comes up with the money to build and test the

invention - should the patent application be filed jointly?

A: NO. The application MUST be signed by the TRUE INVENTOR - and filed with the

USPTO in the true inventor’s name. This is one time money doesn’t count. It is the

person with the ideas - not the employer - not the money man - that gets the

patent. If the greedy, blood-sucking, viperous, money-grubbing, creatively non-

contributing money man or boss wants any part of the invention, he would have to

get his hold through a contract or license on the invention - not the patent itself.

Q: Does the USPTO control the fees charged by patent attorneys and agents for

their services?

A: No. This is strictly a matter between you and the attorney or agent. Fees vary -

as do attorneys and agents. You should feel comfortable with your choice. It would

be best to ask up front for estimates on charges for: (a) a patent search; (b) The

preparation of a patent application; (c) drawings to accompany the application;

and, (d) the prosecution of the application before the USPTO. (NOTE: an attorney

can only give you estimates. The cost of a search, and the application with

drawings is pretty well determinable up front. But the prosecution step depends on

the Examiner and what he does and doesn’t like about your application. There may

be amendments that have to be made (expect at least one), and negotiations to

transpire, which all take time and effort from the attorney)

Q: Will the USPTO help me pick an attorney or agent to do my search or prepare my

application?

A: No. The USPTO cannot make this choice for you. The Office does maintain a list

of registered attorneys and agents. Also some bar associations have lawyer referral

services that may help you. If you have a general attorney, although he can’t help

you directly if he isn’t a registered attorney with the USPTO, he may help you with a

referral.

Q: Will the USPTO advise me about whether or not a certain promotion firm is

reliable and trustworthy?

A: No. The USPTO has no direct control over such organizations. While the USPTO

does not investigate complaints about invention promoters or promotion firms - or

get involved in any legal proceedings relating to such firms - there is a public forum

to publish complaints against such firms. The protections you have from patent

promotion firms is spelled out in laws passed in 1999. These promotion firms have

specific duties of disclosure under this act. [See http://www.gadgets-gizmos-

inventions.com for more info]

Q: Are there any organizations that can tell me how and where I may 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 - may be able to help. Many communities have locally financed “business

incubators” or industrial development organizations that can help you locate

manufacturers and vulture (I mean Venture) capitalists that might be interested in

helping you. Do your homework - check, check, check - and be careful.

Q: Are there any state government agencies that can help in developing and

marketing my invention?

A: Yes. Nearly all states have state planning and development agencies or

departments of commerce and industry that seek new products and articles to

manufacture, or processes to assist existing manufacturers and communities in the

state. A lot of these agencies are online - or at least have listings in telephone

books. If all else fails - write your state governor’s office.

Q: Can the USPTO help me in developing and marketing my invention?

A: No. the USPTO cannot act or advise concerning any business transactions or

arrangements that are involved in the development and marketing of an invention.

They will publish the fact that your patent is available for licensing or sale in the

Official Gazette - at your request and for a fee.

Q: How do I start?

A: First, of course, you have to have an idea. Then that idea has to be put down in

a form so that it can be understood at least by a person that is experienced in the

field of endeavor that concerns the invention. This usually is a written description

and a drawing. Whatever it takes to explain the invention.

The next step is a patent search - to see if someone else has come up with a similar

idea. A lot of times this is the case. And, a lot of times your idea may be enough of

an improvement to be unique enough for a new patent. There are search firms

available - and most patent attorneys have access to their own favorites. It is best

to commit only to the patent search at first. Do not sign a contract for anything else

just in case the search finds your invention with no way to find “novelty” and “non-

obviousness.”

If the search report looks good (watch out for the hype artists), it is time for

commitment. Choose your attorney and let it fly.

It is possible to file a patent application by yourself - but really - it is like you going

into a restaurant in Paris, France that is, and trying to order from the menu. unless

you know and speak the language, you won’t get what you want. In the case of a

patent, the USPTO will throw you out - even if your invention is great - because the

application does not speak their language.

© 2006 Gary Cogley

ABOUT THE AUTHOR:

Gary Cogley writes about all kinds of gadgets, gizmos, inventions and the patent

process. Get additional information at his website: http://www.gadgets-gizmos-inventions.com

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