You've Got a Great Idea You Want to Patent?
You have a great idea for some new gadget, say -- a disposable cat
litter box. It's a lot like a pizza box, full of litter that has a
pull-up-and-out top. You've read the "Matrixing
Theory" and you know that you're new gadget will
be a terrific addition to the current matrix. It is exactly what you
want, because you can just throw it away. No more empty and refill.
And it advances the current matrix in all directions; of exactly
being available whenever the cat has to poop; it can be exactly
where the cat wants (even take it to a hotel) with just a pull and a
pop; it will take up less space and hold more kitty poop than
current state of kitty litter disposal So you need to protect this
idea amazing idea. Of course the first thing you think is, "'I'll
call it the "Kitty Carton." Then you take a breath and
think, "Should I get a patent? Okay now what do I do?"
What Does a Patent Protect?
Many businessmen and scholars don't believe in patents because the
workings will become available for all to see once the "secret"
is patented. This is true. If your device or method is such that the
secret is easily concealed you may not wish to get a patent. You may
just wish to keep your secret formula all to yourself. However, in
this day and age of reverse engineering, of practically anything,
one may assume that a patent will supply the inventor with a modicum
of protection.
According to the US Patent Office, "A U.S. patent for an
invention is the grant of a property right to the inventor(s),
issued by the U.S. Patent and Trademark Office. The right conferred
by the patent grant is, in the language of the statute and of the
grant itself, "the right to exclude others from making, using,
offering for sale, or selling" the invention in the United
States or "importing" the invention into the United
States."
To get a U.S. patent, an application must be filed in the
U.S.
Patent and Trademark Office.
The web page that the US patent office has on-line is a fantastic
resource for inventors and creative geniuses like yourself. This
however has led to a small problem. Now it has become easier than
ever to apply for a patent, therefore the Patent office has become
completely overburdened with patent applications. The wait to get
patent approval or denial may be up to five years.
There are several different types of patents for different types
of inventions. There is a "design patent," which protects
anyone who invents a new, original, and ornamental design for an
article of manufacture. There is a "utility patent" which
may be granted to anyone who invents or discovers any new and useful
process, machine, article of manufacture, or compositions of
matters, or any new useful improvement upon such. There is even a "plant
patent" used to protect those who have invented or discovered
and asexually reproduced any distinct and new variety of plant.
You correctly assume that the "utility patent" is the
one for your "Kitty Carton."
Of course that for most of us means we will have to hire a patent
attorney. A good lawyer might charge anywhere from $4,000 to $20,000
or more for their services. The price they charge is pretty much
dependant upon the difficulty of creating the documents and required
drawings for your invention.
Plan on using the services of a good patent lawyer. A patent
attorney is a specialist. Be sure you are working with an attorney
who does nothing but patent and trademark work. Now that you've
found a good attorney, don't just pick up the phone and make an
appointment. First you can save yourself a great deal of time and
money by performing a search of the existing patents to see if
someone else is just as creative and smart as you think you are. To
do this is a simple matter of going to the US Patent Office web page
and clicking on the search button. Next you'll find
a place where you can do a "quick search." Just put in a
few key words about your invention. Don't sweat that someone will
somehow rip off you're idea by these few key terms. When I checked
to see if there was a disposable cat litter box. I was quickly
educated that great minds do think alike. Yes, someone else had
gotten the same idea. On the brighter side however, I didn't hire an
attorney and spend $1000 just for doing the search. If you find
something that is close to your idea, but not exactly, the chances
are that you're invention won't be novel enough to get a patent on
it's own merits. But you may wish to still speak with an attorney
and see what he thinks. He may see the differences which make it
novel.
If your search comes up dry and you've read a whole lot of patents
and abstracts (short descriptions of the patent) you'll definitely
want to get an attorney involved. But here again, you can save
yourself a whole lot of money if you meet with the attorney with all
your background work done in advance. This means you can begin
working on the application yourself.
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Genius @ Work: A creativity consultancy that specializes
in creative thinking, creating great new ideas, and helping you
discover your own creative genius.
