Is Your Invention Patentable?

Remember the inventor, Professor Potts, in the movie classic, Chitty Chitty Bang Bang? Professor Potts was played by the talented, Dick Van Dyke. He loved to tinker and hoped that one of his inventions would strike it rich, so he could better provide for his family.

If you're like Professor Potts and you've invented something like his flying car, egg and sausage preparer, or vacuum cleaner, you may be wondering whether your invention can be patented.

In this article, we are providing you with a basic description of the three types of patents. A single innovation may be protected by one or more types of patents (i.e. both utility and design patents.)

- Utility Patents - Protects how something is used or how it works

- Design Patents - Protects how something looks

- Plant Patents - Protects new plants

Utility Patents

Approximately, 90% of all patents fall into the "utility patent" category. It's appropriate for both improvements on existing inventions as well as brand new inventions. So long as you pay the mandatory maintenance fees, such protection lasts for twenty years.

The function of your innovation is protected. Utility patents are appropriate for the invention or improvement on an invention of a:

- Useful Process

- Machine

- Manufacturing System, or

- Composition of Matter

There are three prongs that an invention or improvement must meet. It must be:

- Novel

- Not Obvious, and

- Useful

Examples of utility patents include:

- Professor Pott's Flying Car (Chitty Chitty Bang Bang)

- A Bubble Gum Manufacturing System

- The iPhone

- A Coal Cleaning Process

- Microwave Oven

Design Patent

If your invention improves the appearance of an existing invention or creates a new invention, a design patent would be appropriate and would protect your invention for 14 years (no maintenance fees are required.) If the function of your invention is also new or an improvement on an existing invention, it would be appropriate to file for both the utility and design patent.

The design patent protects

- New, Original, and Ornamental Design

- Newly Configured Manufactured Item

- Improved Decorative Appearance of Manufactured Item

- Shape of Manufactured Item

Examples

- The Look (not function) of Designer Handbags

- The Look (not function) of Unique Chair

- The Look (not function) of Star Wars Characters

Plant Patent

Love your roses? A plant patent protects new plants for 20 years. The plant must be:

- New and Distinct, Invented or Discovered Asexually Reproduced Plants.

Examples of plant patents would be:

- New and Distinct Rose

- New and Distinct African Violet

- New and Distinct Oak Tree

- New and Distinct Tulip

If you get the chance, watch Chitty Chitty Bang Bang for a good story, laughs, and some innovation inspiration. If you've invented or designed something or improved on an existing product, system, or design, consult with a qualified patent (intellectual property) attorney to best protect your interests.

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Confidentiality Agreement: Can I Protect My Idea With an Agreement?

There are a number of common scenarios where a person will want to protect an idea or other confidential information that they share with another person. This can be done relatively easily by using a confidentiality agreement. By using this type of agreement, the person who has information disclosed to them can be legally prevented from sharing that information in most circumstances and you may be able to seek compensation for any loss as a result of their breach.

When you come up with an idea for a new product, you want to protect that idea so no one else can profit from it, copy it or even accidentally or carelessly disclose it without consequences. Also, in many cases if you invent or come up with a unique idea, you may want to be able to discuss it to seek some form of assistance in getting your new product off the ground, whether it be funds, development assistance, marketing or other specialized skills. If you want to seek investors to invest in your new product, service or idea, you may find that the investor needs to disclose information about your idea or concept to colleagues, the board or other financiers. The best way to protect this is by having them agree to your confidentiality requirements. In this situation, a confidentiality agreement can be used so any potential investor is under a duty to keep your concept, idea, service or product confidential regardless of the circumstances or you may have to option to bind their colleagues at the same time.

Another instance where you may require confidentiality to be maintained is where your company has a secret, new product or process that it does not want the general public or competition to know until it is developed further. However, in order to develop this concept, your company may need to share this information with certain entities such as internal employees, contractors or other businesses that they are working with to have various aspects of the product or process developed. To ensure your employees, contractors and other people who may be involved in the development or design of your company product or process, you can ensure you have a right to recourse if any information is leaked if you require them to sign a confidentiality agreement.

A confidentiality agreement can be an easy and effective way to protect your discussions, ideas and your inventions. Even if you are unsure if you will go ahead with your idea or concept, you still have the right to claim confidentiality on it if you have the proper processes and agreements in place to protect it. This is a simple agreement that essentially will outline that any information that comes out of a meeting or other specified relationship is to be kept secret and if it is disclosed to any unintended person, then you can seek either an injunction to stop them from leaking the information and/or a right to compensation for any loss as a result. In most cases, the person breaching the confidentiality agreement will have to pay damages for the breach of confidentiality.

Overall, confidentiality agreements can an easy way to be able to discuss your idea, information or any sensitive information you wish to keep private and not have discussed without your consent. It can give you confidence that, if there is a breach of confidentiality, you have recourse. The alternative is that you may lose your idea, your concept and your right to claim it as your own.

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Design Patent - For Innovative Work With Unique Ornamental Features

Many inventors and manufacturers apply for patenting their product or idea so that they get intellectual protection. Well, the entire process requires at least 18 months to get accomplished. However, to claim the ownership of the idea or product, manufacturers can write 'patent pending' when launching them for sale. Anyone who has applied for patenting his product or idea can write the status of their application and that is, patent pending, on the product so that till the time they get the approval or denial no one else can imitate the design or idea.

There are certain norms under which 'patent pending' can be used. If you are going through the process of patenting and you wish to launch your product in the real market in the meanwhile, you should learn about patent pending before you make use of the designation. Gather complete information and that too from reliable and legitimate sources before you actually use it. This will save you from getting into any kind of trouble. When you are into some legal procedure it is always wise to abide by the law and make any move only when assured.

When people think about patenting, they only think about utility patent which is actually used for a product, process, apparatus or a composition of matter. There is another type of patenting, design patent which proves extremely useful under certain circumstances. In this application the applicant refers to drawings to communicate what needs to be protected. Usually a design patent is issued for surface decoration or ornamental configuration or for both.

When applying for design patent you must be sure that your design is unique and that not a single similar design exists in the earlier art. Collect all information and learn about the norms on the basis of which you can be eligible for design patenting. Read and understand the clauses and conditions. Remember, there are laws for false filing of patent or using the patent pending designation. Save yourself from this and if possible take help from a professional so that you stay assured of genuineness.

You cannot use the term patent pending if this is not the status of your patent application. Always gather information regarding legal issues when you are claiming your product or design as innovative and unique. This will help you get your right of intellectual protection. Understand the terms of Patent and Trademark Office and only then use it.

What Happens After You File A Patent Application?   What to Do With Your Great Idea - Should You Trademark, Copyright or Patent?   

Avoid Your Invention From Being Copied With A Patent Application

The world has become a better place due to the inventions and innovations which has taken place over the centuries. Newton sensed the reality of gravitational pull, tuberculosis drugs was invented by a renowned doctor and even the internet is the brainchild of someone. Over the centuries, people have invented fire, light, train, airplanes, drugs for varied diseases, advanced machineries and so on. The people who have invented something new and unique are still remembered by the masses. Their names are safely edged in the books which will be revered by experts and common people for centuries and generations to come. But, how do we know that a particular person has invented certain formula, device or drug? The answer to this is quite simple- the person who invents something new and innovative always goes for patent application. Through this procedure, they get their invention patented so that others do not copy their invention and use it to gain profits and benefits.

Applying for patent is vital if you want to ensure that your invention is safe and in future, it will be associated with only your name. There may be times when you have invented something unique, say a formula, device or software, after years of hard work and dedication. You are very happy with the fruitful result and believe that your invention will be highly appreciated and can work wonders for the society as well as for you. There may be many buyers or takers for your unique output and you can become rich and famous within days. But, in excitement you reveal the details of your invention to an acquaintance or a colleague. When you try to sell your invention to a buyer, you are actually astonished to hear that your invention is actually not new and your colleague has already sold the idea to someone. In such situation, you actually feel very devastated as your years of hard work go in vain. You cannot even call the police as you have no proof that the invention is actually yours. So, in such cases it's always better to choose provisional patent application.

With this, you will get "patent pending" status within a day, which ensures that your invention cannot be copied by anyone. So, now you can bargain with your buyers and pave way to a prominent position in the society and the most fruitful result for your hard work and dedication!

What Happens After You File A Patent Application?   What to Do With Your Great Idea - Should You Trademark, Copyright or Patent?   

Applying for a Patent?

There are many valuable possessions that people have that need to be protected, this includes both physical items and things that are known as intellectual properties. Intellectual properties are things such as ideas for business concepts or inventions. It is very important to have these things protected especially if you are looking to make money off of your invention or idea. In order to protect these things, and to keep other people from using them as their own you will need what is known as a patent. In order to get a patent you must first submit an application to the federal government. If you are granted a patent, then the government will publish a description of the invention in a patent disclosure so that no one else can steal your invention or creation When a new patent is granted then individuals will receive the proper protection that they need on their thoughts or inventions. A patent will legally protect the invention or idea from being stolen by others and will be in place for 20 years.

Getting a patent is a very complex process, so it is important to know how to go through it. Every day people find that they are denied patents simply because they did not properly go through the application process. This is why it is so important to understand the process of applying for a patent. The first thing that you will want to do when you decide to apply for a patent is to hire a patent attorney. Patent attorneys, they are a very specific type of attorney that works solely with the patent process. A patent lawyer is a legal professional just like any other lawyer but they are in charge of overseeing the patent process for a client.

You will need to find a local patent attorney, not just a general attorney and set up a consultation so they can get an idea of what your invention is and tell you if you have a patentable idea on your hands. They will also do what is known as a patent search and inform you if there is an existing patent published that is identical to your idea. They will then help you with the application process.

The attorney will first help you fill out and file your application with the government. They will then help you draft a detailed description of your item including any drawings that may help describe your idea to the government. They will help fill out additional paperwork and then send the information into to the national patent office. They will continue to stay with your case in case anything is overturned or if you need to complete any additional paperwork. You will need to work closely with the patent attorney and help them get any additional information that they may need to help get your idea the patent you want it to have.

What Happens After You File A Patent Application?   What to Do With Your Great Idea - Should You Trademark, Copyright or Patent?   

Defining a Patent Attorney

There are many different types of legal professionals working in today's market. One of the most popular types of attorneys and one that many people are talking about are patent attorneys. Patent attorneys are discussed so much because they are so instrumental in helping new businesses and products get off the ground. If you have the unique idea for a new product or invention many people will probably be telling you that you need to contact a patent attorney to help you get this idea properly patented. There are some people that do not fully understand the definition of a patent lawyer and what it is that they do. It is important to understand what patent lawyers are and what they aren't are in case you ever need the help of an attorney in the future.

Patent attorneys and business attorneys are not the same thing. If you have an established business and are looking for legal counsel, you will not need the help of an attorney. An attorney is a legal professional that oversees the patent process. As many people know a patent is placed on an invention or idea to keep other people from stealing that idea and making money off of it. Patents are issued by the federal government and will last for 20 years. It is the responsibility of a patent lawyer to help their clients through this process. Many people are unaware that the patent application process is very complicated and it can be very hard for any person to complete successfully. Fortunately, this is why there are patent attorneys to help guide people through every step of the process to help them achieve success.

There are a few key services that a patent lawyer will provide their clients with. A patent attorney will help clarify important terms and things that anyone needs to know about patent law to ensure they are completely up to date with laws and understand what they are and how they work. A patent lawyer will also help their clients through the whole application process to help them make sure that all of the paperwork they need is filled out and filled out correctly. An attorney will represent their client through the patent legal proceeding offering them advice and representation as they attempt to get their idea patented. They will be able to provide a strong position to argue for your case in front of the necessary professionals to ensure that your idea or item will have the best chance possible for getting the legal patent it deserves.

Any one with an idea for an invention or business really should seek the advice of an attorney as it can make a great deal of difference in their future.

What Happens After You File A Patent Application?   What to Do With Your Great Idea - Should You Trademark, Copyright or Patent?