Think you have a good idea that can be patented? An idea cannot be patented, but a good workable invention can. First of all, decide why you want to get that patent in the first place. To make the product? To sell it? To open a company built around it or to add it to your stable of existing products? These questions need to be answered before attempting to apply for a patent. With a patent comes the responsibility to defend it in a court of law, which can become expensive. Use these tried-and-true offerings to help you decide if you want to proceed.
First, Why File a Patent?
Be sure that you need to file a patent before embarking on this frustrating avenue. Think it through and be sure that attempting to file a patent is the best way to proceed. Decide, for instance, what you would do with the patent once it is granted. Would you sell it? Do you have an individual or a company in mind that might be in the market for this type of patent? As a patent holder, you will want to make some use out of it in order to reclaim your upfront filing expenses.
Are You Sure It Needs to be Patented?
Why would you need to patent it? Many, many successful products and companies have been built “patent-less,” that is, with no patents. Generally, it is the marketing that is responsible for the success or failure of products, not patents. Very few of the “as seen on TV” products are patented. They are often gimmicky ideas that have been sourced out in China and manufactured by the lowest Chinese bidder. Ask yourself why you need a patent. If you do acquire a patent and decide to have the product made in China, be sure to protect yourself because of the “backdoor” knock-off issues.
Products that Require a Patent
You need to apply for a patent if you are making a medical device, a sensitive component for computer processing, an innovative construction material, or a new polymer. In a sense, Velcro® is a good example of a truly innovative product requiring good patent protection. The product needs to be unique, and the market or markets need to demand a patent before going to all of the trouble and expense to apply for one. Upon consideration, you may determine that your product or series of products really does not need to be patentable in the first place.
When Is a Patent Not Needed?
If you have a formulation, recipe, or methodology, a patent may not be advisable in these. Be advised that once a patent is granted in these “method” areas of application, the formulas and methods are open for all to see. Perhaps a competitor can simply change a minor ingredient or step in the formulation process and come out with its own product, using your patent as its "mentor." Think twice before jumping into the patent process. Think it completely through and search out similar product inventions to see if they are patented and what road they took in the successful marketing arena before proceeding to apply for a patent. In any event, learn how to protect your invention and also learn why some patents are not worth the trouble of going through the patent appeal process.
A Broad Patent Is Desirable
After completing the patent search process, the working drawings and choosing the lawyer to complete the process, its time to submit the application. Be aware that when submitting the "applied for" patent, it is usually desirable to write as broad an original application as possible. Your lawyer will explain this to you. This means that your patent should be written to cover the widest range of applications and market arenas as possible. If the patent investigator denies some or all of these areas, then the patent will need to be refiled with the patent office to defend it. The broader the patent, the more valuable it can be to the patent holder.
Sources:
Brenda K. Oswalt, holder of U.S. Registered Patent No.(s) 5,289,959, 5,207,303, D329216, 4,977,630.
U.S. Patent and Trademark Office, Technology Assessment and Forecast Data Base.
Brenda K. Oswalt - Brenda Oswalt is a French trained cook, writer, businesswoman/inventor who holds several medical patents.
