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There are some common misconceptions about patents. A patent gives you the right to prevent others from making, using, selling, promoting for sale, or importing your invention in the country where your patent was issued.| |
In the United States, for example, the recognition comes from the United States Patent and Trademark Office.
A patent is issued for 14 or 20 years depending on the kind of patent.
The definition of a patent or the definition of an invention, like any legal definition, is defined by a government. The governments of most countries have the same definitions.
Governments can change their definitions over time. They may decide to make necessary changes because of court decisions made in litigation cases, or because of an economic advantage or change in foreign policy.
For example, the governments of some countries may allow patents for cloning animals or for genetic modifications to foods, whereas other governments may not recognize such processes as patentable.
Global Economy
We live in a global economy where products are manufactured, shipped and marketed around the world - so to prevent others from making, using, selling or promoting for sale your invention in other countries - you must obtain a patent in those countries.
Only an inventor may apply for a patent and they can do so in any country despite their citizenship.
Every country has its own patent laws, however, many countries co-operate with each other regarding patents through international treaties.
These international agreements allow you to apply for a patent in one country and to subsequently apply to other countries, within a prescribed period of time.
In other words, you have a time line to follow once you apply for a patent in one country and decide to widen your patent protection around the world. This allows you, with your investor(s) and/or licensee, an opportunity to assess profitability worldwide before patenting worldwide.
A patent attorney or agent is familiar with these agreements and network with lawyers or agents throughout the world for the purpose of obtaining patents in other countries.
Patents
Patents are issued not only for new inventions but also for new and useful improvements to existing inventions. About 95% of patents are for improvements to existing inventions.
You cannot patent a product if it was invented by someone else but never patented.
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You cannot patent a product that was known or used, publicly disclosed or printed in a publication in any country more than one year prior to your application.
You cannot patent a product or an improvement to an existing invention that is obvious to anyone familiar with the area of your invention. You cannot simply substitute material or change the size and expect to get a patent.
However, this is why it is important to consult a patent attorney or agent on such matters once you have completed your preliminary preparation.
Preliminary Preparation
Inventions typically evolve from an idea to a new, unique and useful product. If you publicly disclose your invention more than one year prior to filing for a patent application you will not be issued a patent.
If you file a patent application too early, before fully developing your invention, your patent may not properly describe your invention. The first steps you should take with your idea is begin using these important tools -
- 1. Patent Search.
- 2. Non-Disclosure Agreement.
- 3. Prototype.
- 4. Inventors Log .
- 5. Business Plan.
These tools are used to evolve your idea into an invention that can be patented for profit.
Successful inventors will utilize these tools to evaluate the potential profitability of their inventions and to prepare for a further comprehensive patent search by a patent attorney or agent - before seeking investment or spending thousands of dollars for a patent.
