by aadibi

How Much Is a Patent: Everything You Need to Know

You’ve put so much time and energy into your new invention and want to begin profiting off of it. You really think this idea has the potential to make you some serious cash.

Maybe it could. But the odds are if you thought of the idea, someone else is going to think of it soon after, if they haven’t already.

That is why obtaining a patent for your invention is so important. (more…)

by aadibi

Turn Your Passion Into an Invention in 8 Steps

According to a 2005 survey, half of all new inventions were created by accident. It starts like this: Someone sees a problem, they become passionate about the solution to that problem and the rest…well, the rest becomes a success story. So, do you have a problem, and a creative solution?
(more…)

by aadibi

Resources That Helps You Create an MVP

With 30,000 new consumer products created every year, it’s hard to imagine how you can find your own space in such a crowded market. There’s also a high percentage of failure for new products, but that’s because most companies lose focus on creating a minimum viable product. Using the right tools can help you create a strong MVP.

Throughout the cycle of research, development, and testing, lots of new ideas and approaches are introduced. This can create a rich environment for innovation and problem-solving. Unfortunately, this process can obfuscate the mission of creating the product you intended to create.

If you’re trying to ensure that you can release an MVP that you can learn from, make sure you’re using the right resources. To make sure you give customers what they need, try these 7 resources for product creation. (more…)

by aadibi

The Importance of Prototypes for an Invention

No matter how good your idea may be, it isn’t worth much until you can find a way to build a business around it. Yes, while there are successful inventors out there who strictly license patents out to companies, they are extremely rare and typically have a pre-existing relationship with an industry.

If you’re the inventor looking to disrupt an industry or revolutionize our  lives we’re rooting for you! But it’s important to keep in mind that taking an invention from an idea to reality is far from easy.

One of the key steps in the process that many would-be inventors miss is the creation of a prototype and subsequently, a mockup. As obvious as an idea might be once the inspiration strikes you, there are numerous reasons why it’s a great idea to go about making a quality prototype for your project.

How to Get Started Prototyping

The best way to get started on a prototype is to write a description of it, draw it. The main goal? Get the idea out of your head. This will start to expose some of the basic assumptions and details in what you’re thinking and help you refine the overall idea. Starting to think about what the final shape and features of the product will be is key at this stage. Additionally, keep in mind what kind of materials and construction the item will have. Ask yourself: How will this idea will actually be made?

Next, try to make a list of the product’s most important features. What about this item needs to be in place in order for it to be a success? What essential parts of it do you envision? What will make your invention the invention?

Finally, if you’re dealing with a physical product, it can be a great idea to create an actual model of the item in question. It’s best to build a model of the product as inexpensively as possible. This second stage proves to investors or anyone you might show your idea to that the prototype is indeed workable. There are a variety of 3D printing services and tools out there to help you create a working protoype, as well as just good ol’ fashioned craftsmanship.

Get Something Made, Perfect is the Enemy of Good

At this stage of the game, your invention is clearly defined. You should know what it will look like, and how it will fulfill the needs of consumers. Once you have a physical prototype of the item, it’s essential to step into a bit of rudimentary market research.

Start with a patent search and make sure you invention is actually patentable. Travel down the aisles of stores where products similar to your invention live. Take a hard look at what is already out there and make sure you invention is better than other pre-existing products. I recommend that all first time inventors follow Peter Thiel’s 10X rule as well as his general advice for startups. (since if you’re trying to grow a business out of this idea, you’re pretty much running a startup.)

At a basic level, the product or service you’re attempting to sell has to be 10 times better than existing products–without that, consumers are unlikely to switch.

Creating a Working Prototype

If you get through the steps above and still want to continue the next thing to do is create a working prototype. This working model of your idea does not have to be perfect or look as good as the final manufactured product. It’s important here to assure investors that the product that the invention works as it should. This will also help people clearly see that your idea does everything you said it would. Best of all, a working model can also allow you to elicit valuable feedback from your potential customer base.

At this stage of the process, it can also be invaluable to keep an inventor’s journal. This handy reference keeps you organized and let’s you track the progress and sticking points of your invention over time. You don’t necessarily need to use a physical book, or even something like a project management or task list tool.

Now, how do you turn your idea into the real thing?

When finding sources to build the product, it is alright to ask friends, family and acquaintances. If you’re worried about confidentiality or your idea leaking out, make sure that you utilize a non disclosure agreement (NDA). This can keep your idea in a good place, as well as protecting you in the process of getting a patent later.

If cost is an issue, various materials can be substituted for what will be actually used when the product is taken to market. The working prototype, like the ideas generated on paper, does not need to win any beauty contests. It is simply put together to show that the idea is functional and will do what it says it’s going to do..

Prototypes Are Essential

While we all want to run with a good idea when we have it, but creating a viable prototype will save you a lot of grief down the road. While it can be annoying to take some time away from marketing, filing, and getting funding for your potential product, creating a solid prototype is an essential step to success.

by aadibi

Is my invention patentable?

Every would be inventor or entrepreneur has that moment in their life, where with a flash of lightning it hits them. The idea. The one that can change the world and solve the problems that has been facing society for too long!

So you have the idea, and you think it’s never been done before. In fact it’s so good, you’re probably thinking it’d be a brilliant idea to just monetize the thing and start a company so you can connect people with your brilliant idea.

Your idea might be this good:

But as the story of this iPhone case with a built in selfie stick demonstrates there are competitors out there who can also move quick.

Indeed the very factories you might want to produce your products could be hot on your heels.

In the hyper competitive world of today the last thing that you want to worry about is wasting valuable time and resources hunting down a patent to protect yourself domestically and internationally.

Before you get too far into dreaming, ask yourself, is my invention patentable?

What Determines Whether an Invention Can Get a Patent?

First things first, let us understand what is an invention and a patent. An invention is the creation of something new, unique that has not been done before. A specific answers to a problem that has never been done before. On a non-theoretical level a patent is the legal right granted to its creator for an invention to manufacture, use, or sell for a certain number of years not less than 20 depending on which state the patent is issued in. There are obviously more nuanced than that, but this is generally a good basic understanding of patents. You can learn more about the different types of patents here.

Patents are given to stop other individuals or companies from the commercial creation, use, import or distribution of a licensed invention without prior permission. The big picture goal with a patent is that the government can issue a short term monopoly on a product so that a company (or you) can generate enough revenue from it to have been worth making the investment.

Procedures for granting patents, exclusive rights extend and patentee requirements vary between countries and according to state rules and international agreements. Any patent application must include claims that give a reasonable definition of the idea or invention, and how a practitioner in the field could reproduce it. Each claim defines a particular claim right and must satisfy appropriate patentability requirements which include novelty, usefulness, and important of all, non-obviousness. Patents can get complicated so it is important to have a patent attorney, as well as understand what a patent attorney does when filing a patent.

What is Patentable? 6 Questions to Ask Yourself

So far you probably answered the question “Can I patent my invention?” and it is a “YES”. But here are a few things to consider or rather think about before you patent.

1) Do You Actually Have the Rights to Patent The Invention?

Is it your own invention that you are patenting? Patents are appealed for in the actual name of the originator. Being able to contribute a larger amount of finances to a product does not qualify you to own the patent. In addition, an employer may result in owning a patent issued in the name of the inventor if the inventor’s employment contract comprises of a pre-assignment clause or the patent was developed as a component of the inventor’s job. In most cases, the employer can hold contractual advantages to the invention or idea which in any case the inventor attempts to license or sell or make use of the invention without employer’s consent, a breach of contract action is undertaken against the inventor. It’s generally a good rule to thumb to assume that if you come up with an idea on the job, company time, or using company resources that you are probably precluded somehow from filing a patent.

2) Is the Idea Useful?

Is the idea being patented useful? An invention passes this criterion if it is competent of use and provides some benefit. This is unlike a copyright or trademark. Patents grant security to actual ideas or inventions while a copyright protects the interpretation of an invention and is mainly used in creative works e.g. movies, software, and books among others.

3) Is the Idea Obvious?

Is your idea obvious? This suggests that the invention in question cannot be something the public know about. The test is whether your invention is easily knowable to people with skill in the art in which the patent is intended. To get a bit silly, you can’t just patent something like forks that everyone already uses and understands. Courts will mainly study the scope and content of your invention in comparison to that in that industry and difference of the alleged originality and what is already in the industry or any other evidence to suggest your idea is not public.

4) Is your idea a novel?

To qualify for a patent, an invention or idea is required to be a novel, that is, your invention should not have been made public before the date of the application not even by yourself. If the invention is made public, made available to the people or disclosed in the prior patent application, then the patenting is denied. Know whether your idea is patented by doing deep research, browsing articles and libraries make sure it’s an original invention.

5) Does your Invention Fall Into a Categories that are Precluded from Patents?

Not all inventions qualify for a patent and thus laws of nature, abstract ideas, physical phenomena such as lightning, and non-useful objects are not patented, Patents are granted for processes such as business processes, machine software or implementing methods, a machine which can execute a function, new composition e.g., make-up, pharmaceuticals and artificial creations, and article of manufacture, that is, a machine or an object to do a job.

A good idea or invention will remain the world’s best secret till it is brought out to the world for everyone to use and buy. If your idea or invention is really good, then get a provisional patent for it Filing a provisional patent application that well and fully describes the invention establishes priority. For Example in the U.S., the first patentee to file is awarded the patent. The application allows you to say “patent pending” granting a win of the race.

6) Most Importantly Has It Been Done?

Before applying for a patent, make sure you do a patent search known as “Search for Prior Art”. I’ve compiled a complete guide with two strategies that inventors should use to quickly search for a patent, or a pre-existing business. Ideally you’re casting as wide a net as possible since there can be businesses operating on your idea without your knowledge, or patents that have been granted with no public presence or business (no matter how good you think the idea is).

Key mistakes made include not recording your process, not doing research correctly, not having a working prototype, or hiring professionals that hijack your work.

Other Considerations Before Proceeding

An idea is not useful without at least a prototype or a real-world example to showcase your idea or invention. A prototype is a 3D version of your discovery. This gives you the opportunity to tap into your creativity. It is exciting to see your idea turn real and tangible. A prototype depends on your idea, your budget and finally your goals. Its advantages include enabling you to test and refine the functionality of tour idea, help you describe your product more effectively and finally help others take you seriously with a level of professionalism.

Starting a new business is a tough proposition, but it’s important to keep in mind that with proper preparation, and the foresight to avoid mistakes you can significantly improve your chances of success.

by aadibi

Inventors 101: What Exactly is a Patent Attorney?

So you’ve decided to hire a patent lawyer, but you may not be sure where to start or familiar even with what they can do. Patent law is a highly specialized, highly technical area of law that most regular lawyers don’t really understand. Having a good patent lawyer on your side can ensure that your ideas and inventions are protected to the utmost extent and deter them from being compromised. But even the finest weapon is useless in the hands of someone who doesn’t know how to use it. So let’s break down what patent lawyers are and what they do.

As the name would suggest, patent lawyers are trained and tested in the specific field of law relating to patents and intellectual property. Not all lawyers are proficient in these areas, so it is never a good idea to substitute any other type of lawyer for a specialized patent lawyer. Learning how to effectively construct a quality patent application takes years of apprenticeship with an experienced attorney.

Patent lawyers can help inventors and innovators conduct research, serve as a guide through the patent application process, and create an airtight patent to protect your invention or idea against some of the most relentless attacks in court. They can also discern whether an idea or invention is innovative enough to actually be entitled to a patent in the first place. Patent lawyers submit applications for the protection of a variety of national and international industrial rights, provide advice on contradictions, cancellations, third party objections, contracts, as well as violations against industrial or intellectual property. They are able to represent clients before The Swiss Federal Institute of Intellectual Property, the European Patent Office, and the World Intellectual Property Organization (WIPO).

So what does it take to become a patent lawyer? Being proficient, knowledgeable, and effective in the field of patent law doesn’t come easy. Patent lawyers undergo an extensive amount of education and training before becoming licensed or reputable practitioners.

An aspiring patent lawyer usually earns a degree in a scientific or technical field, such as chemistry, biology, physics, or engineering, and then completes a Juris Doctor (J.D) law program at an accredited university. After passing the bar exam, they must then take and pass the Patent Bar exam administered by the United States Patent and Trademark Office (USPTO). At that point, they will then be licensed to practice, but will often enter into an apprenticeship at a firm under the mentorship of a highly experienced patent attorney. Apprenticeships can last up to years, but they provide novice attorneys with the experience and refinement of skills that they need in order to successfully practice in the field. Since the field of patent law is constantly changing and evolving with technological and scientific advancements, lawyers must make it a point to stay up to date with relevant patent laws and noteworthy innovations throughout the duration of their careers.

Is one patent lawyer just as good as another? Not by a long shot! Because of the extensive education and training required to become one, good, reputable patent lawyers can be difficult to come by. Often times, large and mid-size firms that service individuals or smaller businesses don’t always provide those clients with the best service. They generally end up assigning a junior attorney that does not have an adequate amount of experience to the cases, and if there happens to be a senior attorney involved, it is rare that they will be properly supervising their junior attorneys. These firms generally tend to be corporation focused, with their main priority being the growth and retention of a larger corporate client base, and so, when approached by smaller companies or individual cases, they don’t usually provide adequate services.

This lack of adequate service can often produce horrendous results for clients. According to Russ Weinzimmer, a patent attorney who works with small companies and individuals, “When a patent application is poorly written, it may be worthless and possibly harmful because it creates the illusion of protection. You might make mistakes in judgment and in how to conduct your business because you think you have that legal protection when in fact, you don’t.”

Because patent law is such a specialized area within legal practice, effective patent lawyers require not only a vast amount of technical insight, but also the ability to write, teach, explain, and elaborate with great clarity. Due to their extensive technical backgrounds, some patent lawyers lack the ability to articulate and explain what they know in a legible manner. Producing a solid patent application takes a significant amount of both legal and technical knowledge, and subsequently, the ability to clearly relay that knowledge in a concise manner that can withstand criticism from the most proficient patent attorneys in the country upon litigation.

So how do I find the right one for me? Finding a patent attorney to effectively suit your needs won’t always be easy, but it will always be worth it. You want your idea to be protected properly, and in order for that to happen properly, it will take some time and legwork on your part. This is one scenario in which you are going to want to avoid Google for the most part, as even a local search will produce an overwhelming amount of promotional sites that are largely indistinguishable from one another. You will also want to avoid 800 numbers and websites with obvious stock photos.

1. Start with your needs first.

Your absolute first priority in seeking the aid of a patent attorney should be figuring out what you need to accomplish what you want. This means figuring out where what you’re doing fits in. If your patent is based in a specialized area, you’re going to want to work with people who are trained and specialize in that same area. If your business focuses on creating and marketing new and original products, you will want to look for someone whose practice focuses on patents and copyright. On the other hand, if your company’s priority is online endeavors or publishing, you will want someone whose focus and experience is with First Amendment and information technology law.

Once again, if your business already has legal counsel unrelated to patents or intellectual property, it is not recommended that you use them in lieu of a patent attorney.

2. Scout the competition.

Secondly, you will want insight as to how much competition you (and your attorney) are going to have from other patent holders- you can check the USPTO website for information regarding your market and potential competitors. The more active the space, the more time and effort it will take to ensure your idea’s survival and protection, and in this case, you will want to have an attorney with excellent credentials and a wealth of experience in your area. (But remember: the more experienced the attorney, the higher the service fees.)

3. Draft a team.

Ultimately, you’re going to end up choosing only one lawyer, but in an ideal world, you would have a team. For this next step, you want to assemble a list of five to seven qualified and capable attorneys that would make your ideal team. Lawyers.com is known to be a reliable and valuable resource for doing just this; you can narrow your search down to your geographic area and the particular parameters that you want to operate within. With “business” as the topic, you can find “intellectual property” under the area of practice, and from there, choose a subcategory for further specification.

4. Get to know your teammates

Once you have your initial list of qualified candidates, you will want to do a little background check on them- but nothing too serious! A quick Google search should suffice to provide you with insight as to their reputations, press relations, what their workload looks like, and more. If you see that an attorney has been working on one or more large cases for a lengthy amount of time, you might want to pass them up in favor of someone with more time to devote to your case. If you wanted to go a little further, you could contact your state’s Bar Association and inquire about the current standing of your candidates or confirm their backgrounds.

5. Meet your team

Once you have five to seven of your favorite candidates assembled, its time to reach out to them for two things: the first is to confirm that they are accepting new clients, and the second is to schedule a preliminary interview upon confirmation. “I treat attorneys like I do physicians,” says John E. Clarkin, professor of entrepreneurship at the College of Charleston, “This is a person I’m going to spend a lot of money on and they will determine the health of my business.”

As with any interview, when meeting each member of your team, you will want to be prepared with whatever relevant questions you will need answered, including, but not limited to: How do you, in particular, go about conducting a patent search? What patents have you previously registered? How long will the process take? What will it cost? Can you reference any clients that you have previously worked with?

Other things you can look into are whether the attorney or any of their connections have any conflicts of interest or if they are representing any interests that are in opposition to or intersect with your own business. It is also recommended that you request a copy of the firms retainer agreement for your records and make sure that you comprehend it before moving forward in your process.

As mentioned earlier, finding a good patent attorney isn’t the easiest thing to do, but the time and effort that you put into it will always pay off, and they will make sure your ideas and inventions are protected from compromise or infringement. At the end of the day, when making your decision, always remember that one of the most important things a patent lawyer needs to be able to do is explain and elucidate clearly. When conducting your interviews, be mindful of how your candidates are explaining their backgrounds, experience, and interests, as it can provide you with insight as to the quality of their representation of you. Above and beyond all, you want to find someone who is going to do the best job of protecting your ideas, and the best way to do that is to equip yourself with enough knowledge to determine what is going to be right for you and your business in the long run.

by aadibi

I have a Great Idea?…So now what? 3 Steps to Take Before Getting a Patent

If you’ve just had your stroke of genius moment, or are trying to protect or advance the IP within your startup or small business the tips in this article should help you increase your chances of success. My hope is that by the end you’ll be as prepared as you can be for the realities that are going to face any new idea when you it hits the market.

I’ve talked with hundreds of successful and nascent inventors. It’s hard to point to one determining factor that unites them all, but one common theme I see time and time again is that most inventors get tripped up when it comes time to actually determining if there is a market out there for their products.

The biggest mistake that people make is relying too much on their gut. Sure yo have to have a dream ands tick to it. But sitting around thinking that you’ll know where the market is going when you could just go out and ask people is a dangerous strategy.

Look at the example of Quirky, a company that tried to crowd source innovation by having people vote on inventions they like. There biggest failure was an $800,000 development project for a kit that could turn anything into an RC car, that never even saw store shelves. The biggest issue wasn’t that they didn’t have good or interesting ideas. The problem was that the people voting weren’t buyers. And as a whole the company had no idea who any of their buyers would be.

If you’re like most engineers, entrepreneurs, or first time inventors you’re overflowing with a tons of great ideas. Big dreams you’d love to see come to be. But deciding which ideas to pursue, and which ideas are the best to build out and test, and then further on, which ideas are worth even thinking about patenting is a big task. Taking too many of the wrong shots can exhaust a new enterprise and any inventor.

As a fun little exercise work through this flow chart

 Source: Popular Science, “Inventor’s Handbook” package , Illustrations by Doublenaut

Now a patent alone can be a huge part of a smart growth strategy, but I don’t want people to come away from this with any level of naiveté, a great patent can’t save or create a business. You might be able to effectively license a patent, but make sure you can really build a business around an idea by following the steps below before trying to get a patent.

How to Test An Idea Before You Try to Launch a Business, or Think about Patenting It

Step 1: Solidify Your Idea for an Invention

Hover boards. We all want hover boards.

It’s a great idea…but that’s all, it’s just an idea.

Let’s say you wanted to build as hover board. And you figured out how to make it work and power it without hassle. Now you could patent it here, but your work is still not done. How are you going to sell it? How will it charge? Will it fly or just hover?

I recommend that all inventors, and many of my friends, work through Peter Theil’s 7 Questions for Product Innovation framework. Before you get to excited. Ask yourself?:

1. Can we build something 10X better than what is already there? i.e. will my new hover board be 10x better for consumers than existing skateboards? How about walking or biking, will it really be more convenient in a real way? Are there dangers I’m not thinking of?
2. Is it the right time? Can my idea actually thrive in this market?
3. Will I be able to “own” my market? If it’s easy for another billion dollar company in my market to make some minor changes, it’s probably not worth building
4. Am I the right person to build this? and If not, do I know the people who can and would they?
5. Can I distribute this? Do I know how I could actually sell this and get it to market.
6. How durable is my idea? What will happen in 10 years when there could be hundreds of people selling something similar to my idea? Will customers still want to buy from me?
7. Is there some secret magic here? Does your innovation uncover a secret, which solves a fundamental problem for the customer?

Peter Theil’s winner take all ideology might be too much for you, but a t a basic level think through your idea, and keep a list of your notes.

The gaol at this point is to just have a basic business plan or elevator pitch. Can you describe your product/idea in one sentence to your target customer? Would your grandma get it?

Some Further Questions:

What’s your purpose? does this idea fulfill a dream you have a strong feeling towards? Being an entrepreneur is hard. It’s brutal and lonely.

 Source: John Saddington

That big old chasm in the middle there, what is often referred to as the “Startup Valley of Death,” will take a lot of passion to get through.

  Source: Osawa and Miyazaki, 2006

 Be prepared for the reality that your idea might change as you progress through the steps outlined above.

Are you solving a real problem? If customers don’t know they have the problem you think they do, or they don’t quickly grasp why they want it, it’s probably not going to be an easy sell.

If there are people that have the problem, can you find them and talk to them?

Hopefully you had answers for all of the above questions. And that’s good, next, we need to check out the market.

Research the Market

The biggest hurdle will be if an invention already exists. Just because you haven’t heard of something it doesn’t mean that people aren’t already selling, or haven’t tried to sell it before. If it didn’t work for them there may be a good reason. I recommend doing a patent search and going through the “un-official” patent search method I’ve outlined in this how to for patent searches. Trying to locate similar products on the market can let you know what sorts of challenges might face your new invention.

Try to consider who would actually buy your product. Say you were inventing a new kind of water, well it’s hard to find any one person that really really wants it since we all need. But maybe you sell something that’s sports specific. Well, then like Gatorade, you know that you need to target athletes. go through the process of who would ultimately “buy” your idea and start to understand what and how those people shop.

Next, take some time.

Yeah really, take a bit of time. Process what’s out there. as Greg Isenberg, a venture capitalist and serial entrepreneur, said in a 2014 interview, After I’ve gone through the process of writing down a bunch of ideas, I don’t like to rush into building a business plan or recruiting the team,” Isenberg stated. “I like to wait a few weeks, [to] see which ideas really stick with me.” Taking this time before you jump head over heals will let you genuinely evaluate on a personal level if you’re still interested in the idea after the initial luster has faded.

Finally, start small. Create a Prototype or Build a Minimum Viable Product (MVP).

This is “the simplest form of your idea that you can actually sell as product,” said Eric Ries, a Silicon Valley-based entrepreneur and the author of “The Lean Startup” (Crown Business, 2011). Or as Reid Hoffman has put it:

 If you are not embarrassed by the first version of your product, you’ve launched too late.

Getting something simple out will let you gauge what other hurdles you might face, and actually have something tangible to show people.

Step 2 Get Validation

Don’t fear feedback. Good feedback will make your idea better.

The big thing witch gauging an ideas possibility of success is to always be open to feedback and to seek validation for your ideas. You need constant feedback to succeed. 

Now that we have an MVP we can actually test it on the market. There are multiple ways to do this, but basically you can test out your idea in a small way out in the wild and see how people would react.

• Create a simple landing page, and send Ads to it. There are multiple routes you could take here, but I’ll just shoot your over to the brilliant Product Creation Masterclass from ConvertKit. It’s relatively easy to set up Facebook Ads, Reddit Ads, or plain old Adwords to get people looking at your “idea” in it’s final form. 
• You could even get more intense and create a website and social media presence, building on the strategy outlined above. This is something you could show to friends, colleagues, and potential customers to gauge interest, heck, you could even take preorders.
• Expose people to your site or landing page on User experience sites like Usability Hub. Do they get it?
• Present your  MVP to friends and family. They may have heard your original idea, but what do they think of the “product” that creates. You can also look for Facebook Groups, or SubReddits that might be interested and try to show them your product.
• Don’t forget to ask for help, or ask people for favors! If there are one or two individuals or communities you think would be perfect for your idea, consider “pitching” it to them. See if you can get them to use it and if it will stick. If they get excited and ask for more features than you probably have a great idea.
• Meet people you don’t know! Now it’s important to be careful in more competative industries, but if you have an idea that you’re burning to get out there, theres nothing stopping you from reaching out to your potential customers in person. You’ll have to do it eventually no matter what, you might as well start early.
• You could also run a Survey to see if people want or understand your thinking behind the product.

Step 3 Refine

Be ready to change. Any idea is going to get reinvented many times until it’s a successful invention. So long as you have done step 1 and 2 properly you should know how good in a position you are to monetize your invention, wether it can be a business, and when you should patent your idea.

Best of luck inventing!

Some ideas for being smart about sharing ideas!

You have to understand the risks. The above tactics are almost always necessary to test out how good an idea is, unless you’re already steeped in an industry. But people can copy ideas quick. There are horror stories out there like the selfie-stick KickStarter campaign that was copied and being sold before it even finished being funded. But risks are always going to be part of the challenge of inventing.

There are two strategies you can use to mitigate dangers, but at the end of the day you really can’t  protect yourself completely against bad actors, there are cheaters and scammers out there. That said nondisclosure or confidentiality agreements can be a good strategy to protect yourself from potential partners, investors, or distributors who might take your invention for their own.

Another option is to just file a provisional patent, until you have your idea and business model 100% dialed in.

Neither of the above two options are full-proof, but will offer you a bit more protection while your idea is developing in the wild.

by aadibi

2 Strategies for Patent Searches That’ll Save You Time Before You Try to File

So you had your brilliant stroke of genius? The invention that the world has always wanted, but didn’t know it needed hit you in the middle of the night like a thunderbolt and you thought to yourself, this is the one. 

We’ve all been there! Invention and reinvention is what America is all about. It’s that entrepreneurial spirit that makes this country so great. I’ve run through the same thought process described above more than a few times. And it’s a common scenario that I hear frequently on calls.

But not so fast, there are a few different factors to consider before you start dreaming about what upholstery pattern you’re going to get in your brand new jet. I’m not saying it can’t happen, but creating, patenting, and launching a successful invention is a huge task. It’s not as simple as just getting a patent, and even filing a patent itself is a complicated process.

In this article I’ll outline two strategies for filing a patent. This process wouldn’t be the same as someone charging for this service would do. But it should help you begin to gauge the uniqueness of your idea, before you attempt to go further in patenting your invention.

There are many successful inventors out there, but what many first time inventors don’t realize is that going from an idea to a successful product is a huge endeavor. Even if you haven’t heard of an idea, someone may have already patented it.

How to Start You Patent Search

Now let this serve as a disclaimer, doing a patent search is complicated. Many patent attorneys offer patent searches as a service, as do I, and there are even professionals and companies that specialize in it. Through years of experience every attorney will have their own process and favorite tools for patent searches. But it’s not just about digging into wether something has been done before, but how the entire scope of similar and related inventions might affect your filing and especially how examiners will look at that information.

In this article, I’ll lay out what you need to know about about the variety of resources out there that can aid in your patent search needs: how to access them, how to navigate them, and the pros and cons of each. I’ll begin this article by moving through the avenues laid out by the USPTO, and follow up by focusing on the top web tools for patent searches. The task of searching for a patent can seem daunting, but with the help of this article, you will have an understanding of how to get started.

The “Un-Official” Way to See if Your Invention has Been Patented

Here’s a basic process that I recommend to new inventors or entrepreneurs just trying to get a sense of the market. Getting excited about your idea is important, but making sure nothing has come before it is also important.

For starters:

1. Brainstorm some basic terms that describe your invention. Think about what it does and how it does it, as well as the materials it’s made of, or how you’d describe something similar to it. These related terms can help you gauge wether your idea is already in existence somewhere else.
2. Next do a basic search using Claim Parse or Google Patents While not the official route, either service should give you in depth information about the item your thinking of. A thorough search on either service should turn up any ideas similar to your own, especially if you did a good job coming up with terms in step #1.
3.  If #2 turned up nothing look up the problem your idea is solving. By simply Googling a topic you might find a related product or solution that’s exactly what you’re proposing. Even Pinterest or Reddit could reveal wether something already exists. Generally anywhere people are having conversations about issues might help you find something similar to your idea.
4. If step 3 turns up nothing I’d recommend searching sites like Amazon, The Grommet, KickStarter, Product Hunt and Indigogo. If your idea exists somewhere, it will probably be on one of these sites.
5. If you do find you need to speak with a patent attorney to know for sure. But you can search the company name, or inventors name to see if they hold a patent on it.

Now if you find something in the above steps that looks similar to your idea it doesn’t mean it’s been patented, but it may also affect patentability. Again a patent search can only turn up so much unless you have the years of experienced required in patent law to really understand what the existing patent documents out there mean, and how patent examiners might interpret them.

The “Official” Way to Search for a Patent

Now why do I say official? Well for the first time inventor the below steps might be overkill. If you’re simply trying to figure out wether a product has been done before you reach out to an attorney then the “unofficial” process I describe above might be better. Now if you’re an experienced inventor or looking at something in the software of technology realm that’s more complicated, the below process will probably be necessary.

The USPTO website lays out a 7-step guide for running a preliminary patent search using their tools and tools of their European partner, the EPO. Their recommended approach focuses on patent classification searches. Their instructions help you brainstorm terms to search within USPTO website to determine your proposed patents potential Cooperative Patent Classification, and then instruct you in the use of various databases to search patents and patent applications that might legally cover your idea. Click to access the USPTO’s 7-step U.S. Patent search strategy guide handout or the associated computer based training tutorial CBT (computer based training) tutorial with a detailed review of the Seven Step Strategy.

The process is roughly as follows:

Step 1) Start by brainstorming specific terms that describe your invention. Work backwards from the problem it solves and how it’s made. Try to create a list of terms other people would use to describe its purpose and composition.

Step 2) Then Use these terms to find some relevant Cooperative Patent Classification patents. If you enter “CPC Scheme [plus keywords(s) describing invention]” into the search box you should begin to find related inventions. For example if you’re trying to patent a new kind of shoe, searching something like “CPC Scheme shoe” should show some relevant inventions. You could also

Step 3) You can than verify the quality of your search by reviewing the CPC Classifications definition linked to the patent you’ve found.

Step 4) You can then gather patent documents on the PatFT (Patents Full-Text and Image) database . From here you can narrow down the search terms you’re using by going through abstracts and looking at drawings to narrow your search further. Patterns should begin to emerge. At this point you might just find exactly what you were trying to patent, or something similar. Now that said, these things are still open to interpretation and it may still be worth speaking with a professional if you’re serious.

Step 5) Even if you don’t find a smoking a gun you should dig into each of the most related patents and gauge their similarity to yours. Looking at references cited by them or the patent examiner can be a boon for important related patents.

Step 6) Now retrieve published patent applications with the CPC classifications you chose in Step 3 using the AppFT (Applications Full-Text and Image) database. Use the same process I outlined above to narrow down your inventions.

Step 7) Finally broaden yours search to find any additional U.S. patent publications by searching related terms brainstormed in Step 1 within the PatFT, AppFT databases, and non-U.S. patents on the European Patent Office’s Worldwide Espacenet patent database. Finally double check the disclosure of inventions using the Patent and Trademark Resource Center. Since that will also affect your invention.

Here’s a full list of resources recommended by the USPTO, linked to their descriptions on the USPTO website:

• USPTO Patent Full-Text and Image Database (PatFT)
• USPTO Patent Application Full-Text and Image Database (AppFT)
• Global Patent Search Network (GPSN)
• Patent Application Information Retrieval (PAIR)
• Public Search Facility
• Patent and Trademark Resource Centers (PTRCs)
• Patent Official Gazette
• Common Citation Document (CCD)
• Search International Patent Offices
• Search Published Sequences
• Patent Assignment Search

Now, you can imagine how complicated the above can get…

It’s only a quick introduction, but the two methods I’ve outlined in this article should help get you started, and at a minimum help you identify if your exact idea has already been done.

by aadibi

Protect Intellectual Property Against Big Business

There are few things more powerful than an idea.

Innovations and new inventions move society forward. They also allow entrepreneurs to build profitable businesses. For this reason, your ideas are one of your most important assets.

But if you don’t protect intellectual property, you run the risk of having it stolen from you. And when a big business when more assets take a small business’s idea, it’s almost impossible for the small business to compete.

So what can you do to protect intellectual property from your competitors? Let’s look at some of the best strategies.

What is Intellectual Property?

Before we discuss how to protect intellectual property, let’s take a closer look at what intellectual property is. This will help you get an idea of what ideas you’ll need to protect.

By definition, intellectual property is an idea that is restricted from unauthorized use by others. Literary works, designs, symbols, inventions, and processes can all fall under the umbrella of intellectual property. Protections for intellectual property are intended to provide an incentive to authors, creators, and inventors.

While intellectual property is analogous to tangible property, there are differences. For instance, when you own an object, like a car or a computer, you have complete rights to it. If someone takes it without permission, it’s considered stolen.

With intellectual property, however, there are restrictions to the extent that others can use it. When you protect intellectual property, you have a right to be credited and compensated for its use.

Ways to Protect Intellectual Property

Depending on what type of intellectual property you have, there are different ways to protect it. Each method has its own restrictions and guidelines.

Patents

Patents are typically issued to protect unique inventions, processes, and methods. Patents give the owner exclusive rights to sell, use, or make an invention for 20 years.

In order to qualify for a patent, your idea needs to be novel. In other words, it must be sufficiently different from any other products or ideas currently available on the market. It also must have a significant use or function.

Copyrights

Copyrights are typically for creative work. This includes literary works, music, films, and architecture. Copyrights can also cover computer programs, software, and graphics.

Keep in mind that copyrights don’t protect the idea behind the work, only the actual work itself. So, if you wrote a novel, you would have the exclusive rights to publish, modify, and distribute it. But you could not necessarily prevent someone else from writing a novel with a similar plot.

Trademarks

Trademarks protect words or symbols that signify a specific brand name or product. Companies can either file a “use” application for a mark they’ve already used, or they can file an “intent to use” application ahead of time.

Now, have you ever wondered what the difference is between the “TM” mark and the “R” mark? It’s simply a matter of whether your trademark has been registered with the United States Patent and Trademark Office (USPTO) yet.

As soon as you’ve submitted an application with the USPTO, you can start using the TM symbol. You cannot use the R symbol, however, until your trademark as been officially registered.

Trade Secrets

Trade secrets include items or ideas that give you a competitive advantage. Recipes, like KFC’s secret blend of spices, are an example of a trade secret.

A trade secret is different from other kind ways to protect intellectual property because there is no official way to register it with any government office. Typically, companies require employees to file non-disclosure agreements barring them from sharing this proprietary information.

Unfortunately, if your secrets do get out, you won’t have much recourse to prevent others from using them. At most, you’ll be able to sue the employee who revealed the secret for theft.

What Steps Can Your Business Take?

Now that we’ve discussed what intellectual property is, and how to protect it, let’s take a look at steps your small business should take to protect your ideas.

Apply Sooner Rather than Later

If you wait until you’ve brought your invention or idea to the market, you’ve waited too long to apply for a patent. Once your idea is out in the open, others will be able to use your idea if it’s not protected.

Additionally, applying for a patent will hold your spot in line. When you submit your initial filing, you’ll have 12 months to expand on it. So there’s no need to wait to file until you feel like you have your application perfected.

Don’t Forget about International Patents

If you apply for a patent in the United States, remember that it only applies to competitors within the United States. So, if you have competitors in foreign markets, you might want to consider applying for international patents.

Also, if you plan to expand into international markets, make sure to apply for patents before you launch the product overseas.

What Do I Do if Someone Steals My Idea?

Even if you’ve taken steps to protect intellectual property, that won’t necessarily prevent other businesses from copying your ideas. What a patent does is give you the ability to seek recourse if someone violates it.

For many small businesses, this can be a struggle. If a bigger company violates their patent, they may not have the resources to pursue the issue in court.

Luckily, intellectual property complaints have a six-year statute of limitations. So, if someone has been violating your patent for six years, you can seek recourse for all six years of that infringement. So, even if you don’t currently have the means to pursue the issue right away, you can hold off until you do.

Protecting Your Ideas

If you’re a small business, your ideas are one of the most important assets you have. Your creative innovations are what set you apart from your competition. If you don’t take steps to protect these ideas, you run the risk of losing your main advantage.

If you want to protect intellectual property, contact us. We’ll work to make sure that your innovations are protected.

by aadibi

Selling an Invention: Do You Need a Patent Attorney?

You’ve developed or you’re creating an invention that solves a problem, and now you’re ready to reap the rewards. If you’re like most inventors, you’ll want to make money off of your invention while protecting your intellectual property rights at the same time.

But, do you need a patent attorney?

This question really boils down to another: Do you need a patent? These questions go hand-in-hand. Obtaining a patent isn’t like going to the store for a gallon of milk.

It’s an expensive, detailed, and lengthy process that you want to get right the first time.

In this guide, we’re going to explore both questions in detail, as well as discussing the various types of patents and what they do.

Keep reading to learn exactly how you can protect your invention.

What Is a Patent?

It’s not enough to define a patent by saying it protects your idea. There are specifics you need to understand before you consider applying for one at all.

Here are some of the most important:

• Patents provide negative rights. There are many types of rights you can legally own. Negative rights may sound like a bad thing, but they’re not. Negative rights simply restrict capabilities.
• While patents themselves don’t stop others from producing, utilizing, or marketing your invention, they give you legal grounds to stop them.
• Patents last for 20 years. This should be enough time to sell your invention. Once they expire, they enter the public domain.

Once expired, anyone can make, use, or sell your invention without giving credit to you. It’s rarely worth it to try to renew a patent, as this requires an act of Congress.

3 Types of Patent a Patent Attorney Can Help You With

The United States government issues three different types of patents:

1. Utility patents – These protect the function of an invention
2. Design patents – These offer intellectual property protection for aesthetic concerns
3. Plant patents – These cover botanical inventions

All three of these patent types can be applied for on a provisional basis.

The Patent Process

So, you have had the light bulb moment and you’ve worked on your great idea.

Now what?

How do you actually secure a patent?

First thing’s first.

1. Conduct a Patent Search

Once you’re certain there’s a market for your invention, the next step is to conduct a patent search.

Sounds straightforward enough, right?

Actually, they can be a little more complicated than anticipated.

Why so?

Let’s enter the following common scenario:

Suppose you invent a new kind of phone. You decide to do your own patent search so you look for existing applications for phone patents.

All looks great. Full steam ahead.

But, wait…

The US Patent Office may use another category to classify that type of patent.

Your no-competition patent actually has plenty of competition.

In fact, there may be several patent applications in process for your invention.

In this scenario, your lifelong dream may quickly become a resounding nightmare.

That’s why you’ll need a patent attorney – an expert who knows the categories used to classify patent applications.

By using one, you’ll get more accurate results and you’ll save yourself a ton of heartache later down the line.

2. Patent Application

The next step is to apply for your patent.

Accuracy is crucial here. Any errors can result in having to start over and, starting over doesn’t just mean trawling through forms again.

Worse than that, it means another application fee and another waiting period to boot.

Once your application is acknowledged, it will be reviewed by the Patent Office.

Your application – which can take up to 18 months to receive a response – will either be:

1. Accepted and granted pendency
2. Rejected altogether.

If rejected, you can reapply but you’ll want the advice of an experienced patent attorney on what steps to follow next.

Things to Bear in Mind

In America, we have a first-to-file method with regard to patents.

What does this mean?

Put simply, if you apply for a provisional patent in January 2018, and a competitor files in February 2018, you are the first to file. In this case, the patent goes to you.

If you’re in the midst of developing your invention, and you apply for a provisional patent, and the description of your invention changes, it can null the original application.

Patent Costs

Patents can be expensive to obtain.

And, while the type of patent you seek is one of the most important considerations, other factors, like application length are equally so.

For example, a patent application that is over 200 pages can easily cost $1,000.

The price tag can continue to rise, depending on your invention and your application. For example, you can expedite your application for $4,000.

Since patent applications can be costly, you want yours to be accurate and correct.

A patent attorney may charge fees, but those fees are more than worth it if you need to get the application right the first time round.

Protecting Your Idea With a Patent Attorney

After you sell your invention, you have up to 12 months to complete the patent procurement process. Whether you choose to apply for your patent before you sell your invention or not is up to you.

Sounds more complicated than you originally thought?

It can be. Patents can be tricky if you don’t get the right advice. Here are some specific ways a patent attorney can help:

• They can determine whether an invention is patentable
• They can create and file all the necessary documentation
• They’ll perform patent research
• They’ll file the application and fees
• They’ll liaise with the United States Patent Office

Of course, you can attempt to do all of these things on your own. But, wouldn’t you rather focus on the sale and marketing of your invention? Or, better yet, wouldn’t you like to begin your next breakthrough development?

Are You Ready to Patent?

If you’re thinking about selling your invention, get in touch today.

You’ve thought of a great idea. You’ve put a ton of work into bringing that idea to fruition.

Now, you deserve to protect your intellectual property. Now, you deserve to reap the rewards of what you have sown.