PATENTING BASICS


1.   When does an idea become an invention ?

Whenever an idea becomes patentable it is referred to as an invention. In practice, this is not always clear cut and may require external advice.

2.    Do I have to discuss my invention idea with anyone ?

Yes, you do. Here are a few reasons why: first, in order to find out whether your idea is patentable or not, whether there is a similar invention anywhere in the world, whether there is sufficient commercial potential in order to warrant the cost of patenting, finally, in order to prepare the patents themselves.

3.    How can I safely discuss my ideas without the risk of losing them ?

This is a point where many would-be inventors stop short following up their idea, as it seems terribly complicated and full of dangers, not counting the cost and trouble. There are two ways out: (i) by directly approaching a reputable patent attorney who, by the nature of his office, will keep your invention confidential. However, this is an expensive option. (ii) by approaching professionals dealing with invention promotion. While most reputable promotion companies/ persons will keep your confidence, it is best to insist on a Confidentiality Agreement, a legally binding document, in which the person solemly promises to keep your confidence in matters relating to your invention which were not known beforehand. This is a very secure and cheap way out ! (Inventors' Net is usually most reluctant to discuss the details of a person's invention without first signing such an agreement).

4.    When is an invention fit for patenting ?

There are two main aspects to this: first, your invention should have the necessary attributes for it to be patentable (eg.: novelty, inventive step, potential usefulness, etc.), secondly, there should be a definite need for the idea and a probable market for taking up the invention.

5.    Tell me something about patents.

Patents are documents which publically and fully disclose an invention and, if properly done, will provide the inventor legal protection against unauthorised use (note: a Confidentiality Agreement is a personal disclosure, while a patent is public disclosure). Patents can be bought and sold, so that the owner of a patent may not be the inventor. Also, it is possible to retain the patent while selling the right to use it. This is the meaning of the phrase : 'manufactured under license'. There are two main forms of a patent : (i) the so called Provisional Specification (also referred to as a Provisional Patent) and (ii) the Utility Patent (also referred to as the Final Patent).

6.    What is a Provisional Patent ?

It is a simplified version of a final patent which offers you complete international priority protection for 1 year. After that, you must proceed to the final patent, or you will lose the protection gained from the Provisional. The Provisional Specification is the cheapest form of total legal protection around the world.   An important aspect of a provisional patent is, that on lodging it with a patent office it will stay 'dormant' and will not be examined until there is a legal challenge, eg.: someone patents a similar invention and there is doubt which of the two were first. Here is an important point: on examining the two patent documents, it sometimes happens that the earliest applicant loses out due to the poor way his Provisional is written. While it is perfectly legal to write and lodge your own patents in order to save on the cost of preparing it (you would still have to pay a lodgement fee), it is generally a very foolish thing to do, as you will not be shure whether your invention is protected or not. This goes for both Provisional and Final patents. While it is not essential to lodge a provisional specification, as you are entitled to go for the final patent straight away, this is not usually recommended. First, a provisional specification allows you to modify it within the one-year period, without affecting its validity. This is very convenient as it allows one to protect the invention while it is still developing. This is not possible with the final patent. Secondly, there are very considerable savings, as the provisional applies internationally, so that you don't have to patent for each country separately. Thirdly, the provisional patent allows you 'breathing space' - a full year to look around for a potential backer, someone who may even be prepared to pay for the final patenting.

7.    Tell me about the Final Patent (or Utility Patent)

This is the final unchangeable form of your invention. Most usually, it will have a formal structure involving such things as background literature, disclosure of invention, claims, embodiments, practical examples for use, detailed figures and drawings, etc. It will protect your invention for 20 years from the date of filing and you will get a formal Patent Document once it has been fully examined and accepted. Usually, it takes from 12 to 18 months to obtain a final patent after application. It is approximately 10 times as expensive to prepare as a provisional patent and has to be taken out for each country seperately, which makes it a very expensive process, as lodgement fees must be paid in each case. It becomes especially expensive if worldwide protection is sought. Therefore, a final patent should only be taken out where it is highly warranted, e.g.: when someone wants to develop your invention and would like to buy the patent rights.


8.    At what point can I claim "Patent Pending" for my invention ?
From the day the provisional (or final) patent application is filed.

9.    What are the current patenting costs and can I order online?    click here

10.    Patent Searches - are they necessary and why?    To find out whether anyone else has patented your idea click here

11.  Let people know about your patented invention   find out more


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