Thank you for the excellent question. And I’m glad to provide an answer.

Please do me a big favor and copy ‘n’ paste your question into my recently launched Web site — http://www.HowToPatent.pro — that encompasses all of the material on this site, plus will be my platform for information regarding a number of additional patent- and invention-related topics (such as invention marketing — which has been a very popular question).

If you to do a “copy ‘n’ paste” and post your question at http://www.HowToPatent.pro, that would be greatly appreciated. I will then respond to your question at the new Web site. Thank you, again!

– Eric

Yes, you can patent software and software applications. I’d recommend checking out some examples, to give you some ideas regarding your particular invention. The easiest way to do that is to use Google’s patent search tool and type in some relevant keywords to bring up software patents. Click on the following link http://www.google.com/patents

Best of luck with your invention. Glad to help!

– Eric

–A

Thank you for the very kind words. Much appreciated.

Congratulations on the ideas you have percolating with your husband. I hope you are enjoying the invention process.

Yes, you certainly can use drawings made by hand. The following is an excellent page published by the U.S. Patent and Trademark Office (USPTO) regarding drawings: http://www.uspto.gov/web/offices/pac/doc/general/drawing.htm

I think you’ll find the linked information very helpful — as it answers your other questions as well.

Best wishes to you and your husband in your invention endeavors. And, again, thank you for the kind words about the Web site here.

– Eric

A great starting point is to go to Google’s patent search database. Check out http://www.google.com/patents.

Best of luck with your idea.

-Parina

You raise a very good question: How to create a prototype. And, you’re right — I’ve not created a post about that yet. Thanks to your idea, I will do so.

In the meantime, to answer your question, creating a working prototype can be one of the most daunting steps in the entire invention and patent process. For some of my inventions — particularly mechanical ones — the first thing I do is roam hardware stores in search of components I can cobble together to make a crude, but functional, device. I have also learned that if you can make a working prototype simply from parts at a hardware store, chances are the actual resulting product will be easy (and low cost) for a company to manufacture.

If it is a complex device that I can’t make myself, I’ll try to find someone (or a small company) in the field of the device that might want to take on a small project to build a prototype. Sometimes I’ll have to “cut a deal” regarding any potential downstream business. Small companies are more flexible in this sort of creative approach. To find a list of possible companies in your area, just Google the industry / resource you need with entries like “plastic molding” or “metal stamping” or “electronics design and fabrication”. You might be surprised at the resources you’ll find very close (or in) your home town.

Another approach is to Google the term “prototyping” or “prototype services”. There are many companies that exist purely to create “one-off” prototypes. Many of these companies are comfortable working with inventors and / or small companies with a product idea. The reputable ones will also be forthright with their confidentiality practices.

WARNING: Be very careful who you talk to about your invention — and when. The “safest” time is after you’ve filed your patent application. However, in many cases, the prototype is the speed-bump in the patent application process. It’s very much the “chicken and the egg” thing. I rarely approach a production company prior to filing a patent application — as the risks are huge otherwise. But if it becomes necessary, it is critical to check out the production company thoroughly — to check out their reputation. Use the Better Business Bureau, Chamber of Commerce, and / or personal project references.

And even when a company checks out as reputable, make sure you — minimally — have an iron-clad NDA (Non-Disclosure Agreement) in place. As you may read in other posts, I’m not a big fan of NDAs (as some companies will ignore them if they see big profits without you). But if you have to go down that road, I would recommend that you tap a couple hours of a local attorney’s time to write up a sturdy NDA.

Tony, thanks again for bringing this topic to the forefront. I will indeed make a major posting on this topic.

Let me know how things work out. Best of luck with your invention!

– Eric

In certain instances, food products / food additives can be patented.

Let me paste a link to a food-additive patent entitled “Sterol esters as food additives”:

http://www.google.com/patents/about?id=od4JAAAAEBAJ&dq=6394230+-+Sterol+esters+as+food+additives

You may want to read through this particular patent for some ideas on your invention.

Glad to help. Best of luck with your endeavor!

– Eric

Question: How much to patent a food seasoning..does that have the same criteria for a physical product which is not edible?

I have a number of posts on this Web site that will provide you with additional guidance. But, briefly, yes — you have to (in patent lingo) “reduce the invention to practice” (that is, you have to make a functioning device).

Regarding patent drawings: I also have some posts regarding how to create your own patent drawings with nifty tricks with Photoshop. For instance, check this one and this one.

Best of luck in your endeavor!

– Eric

You can now file a patent application (including the drawings, specification, etc.) online at the U.S. Patent and Trademark Office. Here’s a handy link for the info at the USPTO: http://www.uspto.gov/ebc/efs_help.html

The USPTO’s Web site also has a section that provides information on patent fees. Here’s a link to that section: http://www.uspto.gov/main/howtofees.htm

Glad to help!

– Eric

Thanks

Aldo

A beverage can be patented, but the path to do so is rather complex. You may want to consider, instead, encompassing your new beverage as a Trade Secret — as Coca Cola has done for many years. Click on this link for some interesting information. And here’s a good overview of Trade Secrets.

Hope this helps!

– Eric

Yes, you can patent an improvement on an existing product. For more information, check out my post entitled: “Can you combine two patented or existing products to create a new, patentable invention?” Click on the following link to jump there quickly: http://patent-your-inventions.com/?p=95

Glad to help!

– Eric

Thank you for your compliment and for passing along this resource to your friends and colleagues. Glad to be of service!

Yes, I understand how daunting the first step can be. There is a lot to digest. And you don’t want to make a misstep with your invention.

I’ve been thinking this over quite a bit, as I’m regularly asked what is the best “START HERE” step? I’ve decided to pass along what I took as my “first step” in the mid-80s when I began my invention career. It’s a first step that is still valid today. My sister, knowing my long-time (since childhood) inventiveness, gave me a book for Christmas entitled “Patent It Yourself”. To make a long story short, I took one of my then-current invention ideas and (using the Patent It Yourself book as a guide) prepared a patent application. And, ultimately, I received my very first patent.

Fast forward to today: This same book is now in its 13th edition. And it is still one of my most-favorite patent resources. So, Tom, to answer your question (and to others who have this same need), I would recommend going to your local library and signing out Patent It Yourself by Patent Attorney David Pressman.

Again, almost every major library in America has this book. I would encourage you (and others) to give it a whirl. The chapter on writing patent claims (typically the most daunting task in a patent application) is particularly brilliant.

Thank you, again, for your fine words about this Web site. I really appreciate your thoughts. I hope I’ve been helpful to you.

Best of luck with your invention. Keep me posted.

– Eric

for example, if my idea is to add lard flavor to dr. pepper (just an example, honestly

can I patent an improvement to an existing product?

Thanks a ton for having this information available to us. I have passed your website along to a couple of other people who are interested in getting patents as well.

Everyone knows the saying, “You have to learn to crawl before you walk”, but I still haven’t learned to crawl yet. All I have is an idea (or a few), but like many others, I am overwhelmed at where exactly to start and how to proceed at fulfilling a dream of making my idea a reality. When speaking in “dummy terms”, where would you tell someone like me to “START HERE” to get the ball rolling.

I’m still reading different pages of your site, so I know there is a chance that the answer is around here and I haven’t found it yet. But I figured since I was on this page, I would ask.

Again, your work on this site is greatly appreciated, as well as your feedback.

Tom

Any person, regardless of citizenship or residence, may file for a U.S. patent. You would list your citizenship on the patent application forms.

Glad to answer your question.

– Eric

Thank you for your question. In fact, your question prompted me to write a post on precisely this topic. It’s entitled, “What is ‘Patent Pending’? And should you start marketing your invention as soon it is Patent Pending?” Check out my new post at the following link: http://patent-your-inventions.com/?p=45

Thanks, again, for nudging me to write a post on the “patent pending” topic.

Best of luck with your invention endeavors!

– Eric

In the past I have noticed several occasions where a product is promoted online or on television with the wording “patent pending”. My question is does patent law protect those ideas from the point at which you apply for a patent (if it is eventually granted) or can someone else swoop in and steal your idea before the US Patent Office grants you a patent. I realize you are not a patent attorney, just hoping you have an answer.
Thanks

Glad to have helped. Best of luck with your invention and patent endeavors!

– Eric

Glad to help with your question.

The U.S. Patent and Trademark Office has a nice, one-page description / comparison of Patents, Trademarks, Servicemarks, and Copyrights. Check out the following Web link: http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm

Best of luck with your idea!

– Eric