Want to patent an idea? Here’s what you need to know…
So you’re ready to roll up your sleeves and file for a patent application yourself. Congratulations! You’ve made it over the first hurdle of becoming an inventor: Taking action on your idea.
The next thing is you’ll need is a feel for the structure of a patent application. For the sake of this posting, we’ll make the likely assumption that you want to patent a device or process of some sort — so you’ll be filing what’s called an application for a Utility Patent. (You can find out more about the three types of patent applications in another posting on my Web site. Just click on the following link: http://patent-your-inventions.com/?p=28 )
Utility patents are what most people think about when they say they have “patented” their invention. The following ten items are the essential elements (there can be others) of a utility patent application.
NOTE: The list below is just an element overview. I’ll go into details on each element in subsequent Web site posts — which I’m feverishly writing. You’re essentially watching me prepare materials for you in real time!
(1) Utility Patent Application Transmittal Form or Transmittal Letter. This is akin to a “cover letter” that itemizes the elements of your patent application. It’s the U.S. Patent & Trademark Office (USPTO) form PTO/SB/05. (NOTE: For reference, the following is a link to the primary USPTO patent application forms: http://www.uspto.gov/web/forms/index.html#startforms )
(2) Fee Transmittal Form and Appropriate Fees. It’s the USPTO form PTO/SB/17 that helps calculate your filing fees, and lets you pay the amount by credit card or check.
(3) Title of the invention. This is a no-brainer. It’s what you call your invention, and includes your name.
(4) Background of the invention. Again, a no-brainer. It’s where you describe the field of your invention (like “kitchen appliances”) and also includes information that you know about “prior art” — that is, other inventions pertinent to the invention you are disclosing in your application.
(5) Brief summary of the invention. You guessed it. This is where you provide an overview of your idea.
(6) Specification. Think of it as the body text of a rather unique “term paper” in which you describe your invention in oodles of detail. The Specification contains a number of sub-elements, including 6a and 6b below.
(6a) Brief description of your drawings. If your invention patent application includes drawings, it is in this section where you describe them.
(6b) Detailed Description of the Invention. Again, the title of this section says it all. You describe your invention in meticulous detail, including how you go about making and using it. (Historically, this sub-section has been called “Description of the Preferred Embodiments”. I’m an old dog and continue to use that subtitle in my applications. But they say even old dogs can learn new tricks — and I might even switch. We’ll see.)
(7) Claims. This is the only real legalese section of patent applications. And, for many inventors, the most difficult. It’s where you define your invention in very specific language — with very specific writing rules. In most cases, it is the language and scope of the Claims that will determine whether or not you will be granted a patent on your invention. Fear not! I am here to help guide you through the process. 
(8) Abstract. Another easy one. Just a paragraph summary of your patent applications.
(9) Drawings. If it takes drawings to understand the operation or principles of your invention, you’ll need to provide them. Good news on this front: I’ve discovered a few handy-dandy techniques that help people who can’t draw (like me!) create professional-quality drawings in minutes — literally — using any digital camera and Adobe’s wonderful Photoshop program. I’ve described those techniques in some of my other postings. Click on the following links for some great tricks and techniques:
http://patent-your-inventions.com/?p=26
http://patent-your-inventions.com/?p=32
(10) Oath or Declaration. This is where you affirm to the USPTO that you are, indeed, the inventor of the invention. The primary USPTO form for this is PTO/SB/01.
As I mentioned above, I am writing information for you regarding all of the above key patent application elements. I’m writing as fast as my lil’ fingers will type. Stay tuned to my Web site for a step-by-step description of each element, and ways for you to tackle them with the greatest of ease.
– Eric
Dear Eric; thanks for creating this website- I believe it will greatly help me! I am scared to death to begin this process, and have been delaying for some time to get my invention going, but I really do believe in it! So I have added your website to my “Favorites” list and will keep reading it to gain some of the information I need. I is refreshing to find someone not selling something, for once!
Hi Karen. Thank you for the very kind words. Much appreciated.
Believing in your invention is a great first step. Now my job is to help you get over your fear of beginning the patent application process.
The process can seem a little daunting at first — but it can be fun, too. Really.
I’m working on some additional content for this forum that will be greatly helpful in getting the ball rolling. Stay tuned as I get those materials spiffed up and ready.
Thanks, again, for the very nice words. I’ll keep doing my best to help.
Take care.
– Eric
Eric, I’m amazed and applaud you for your unselfish desire to help people achieve their dreams. Your website is absolutely phenomenal. I’ve been sitting on this telephony systems (VOIP)ideas for months. I believe there is still untapped potential in this market. In summary, what I got is an IDEA and I find it very difficult to integrally provide or define cavities in the telephony market and explain (dimensions, specification for use, the parts needed,etc.) how the invention is created. I’m not a very technical person but still wants my dream to live on and not perished. Please help!
Again, I want to express my sincere thanks to you.
Yours in gratitude,
Fe
Eric,
I have an idea for a software product, but do not have the skills to produce the software. Can I patent the “idea” or do I need to find a collaborator to write the software before I can patent it?
Thanks,
Scott M.
Hi Scott. Thanks for the question.
Your question is a very common one, and I’m glad to provide some insights.
As I think you’ve guessed, for all practical purposes, you can’t simply patent an “idea”. At some point in time, you’ll have to demonstrate that it can operate in the real world.
To make a long story short, you either have to be able to:
(a) describe the idea in the patent application in such detail that an expert in the field of the invention (in your case, a software programmer or software engineer) would understand it and be able to make it
– or –
(b) in patent lingo, “reduce your invention to practice”. That is, you have to make the invention (either by yourself or with the help of others) to demonstrate that the invention will function as you propose.
In the great majority of cases, the inventor finds a way to reduce the invention to practice — and then sets forth to file a patent application on the operating device.
Reducing the invention to practice is probably the single biggest hurdle for most inventors. It can be costly to prototype an invention — whether you do it yourself or hire someone to make it for you. It’s important to know that under U.S. patent laws, if two people claim an invention, priority is given to the first person to reduce the invention to practice (and not simply the first person to file a patent application on the invention).
Scott, I wish I had a better answer for you (that is, you could just file a patent on your software idea). I recommend seeing if you can locate a software engineer in your region that you could partner with on the idea — and then file the patent application jointly. That might be the best way for you to keep your costs at rock bottom, and still be able to file the patent application.
I hope I’ve helped a bit. Let me know how it goes.
Happy inventing.
– Eric
Dear Fe.
Thank you, so much, for your very kind words. They’re much appreciated. I’m just doing the best I can to help.
As I mentioned to Scott in my previous post, one of the most difficult things for most inventors (me included!) is finding a way to prototype the idea. As you do, I think the VOIP field is in its infancy, and we’ll see many new products and ideas be birthed over the next few years.
Similar to what I said to Scott, see if you can team up with an expert in the field of your invention. Be careful to document the concept of your invention FIRST, using (at the very least) the Invention Notebook method I described in a previous post. For a refresher, check out: http://patent-your-inventions.com/?p=7
Then, before you disclose your idea to anyone, you’ll want to ask him or her to sign a confidentiality agreement or non-disclosure agreement (commonly referred to as an “NDA”). There are lots of resources on the Web for free NDA templates. Google “NDA template” and you’ll get all sorts of references. That’s a good starting point. You may also opt to work with an attorney to draft an NDA for you. (They’re very simple documents, and your cost should be low.)
I love the spirit of your message. Don’t be daunted by the process. Press forward so that your “dream can live on”.
Again, I think a collaborative arrangement with someone in telecommunications would be a good next step. Another thought along these lines: some of the most fresh-thinking minds in communications are in the ham radio community. Although many people picture “hams” in dusty basements surrounded by the glow of old radio tubes, the hobby has evolved considerably into state-of-the-art communications — including the implementation and inclusion of VOIP technology.
I’ve been a ham radio operator since 1974, and I’m continually amazed at the genuine nature of people in this hobby — to help people with technical challenges, to volunteer during emergencies (hurricanes, wildfires), etc. If you know any hams in your area, that might be a good place to start your collaborative prospecting. You can also find a list to ham radio clubs in your area at the following link: http://www.arrl.org/FandES/field/club/clubsearch.phtml
I hope the above thoughts are helpful. Please keep me apprised as you take the next steps. Best wishes!
– Eric
Hi your webstite is very useful so thank you, however is there an age limit to filing a patent because i am 15 yrs old and have a great idea for a unique website and are currently in the process of making it. However if i do want to patent the process of my website, firstly, can i do this? and secondly since i am young i have been researcing the patenting process and have been finding the process difficult. Is it possible that you could dirct me to a good example of a patent so i can see what they look like. Finally would you advise me to get some kind of legal help with the claims section of my patent since this would be hard to raise the funds.
Anyway thank you for the useful tips on this site and some extra help would be most appreciated!
Thanks
Matt
Hi Eric,
The company I contacted to collaborate my ideas will not sign NDA as a matter of company policy. Plan B is to file a provisional patent application to protect my invention. My biggest challenge was my inability to explain details what I’m proposing in the claim section. What are the disadvantages of filing provisional patent?
Thank you,
Fe
Hi Matt.
First and foremost, congratulations on some excellent thinking. You’re a young man with superb thought processes…and polite too. I’m glad to answer your questions as best as I can.
There is no age restriction to filing a patent. So you are all set there. The process may seem daunting at first, but it is not much different that what you would do to write a very thorough school research paper.
As for some example patents to look at, I would recommend using Google’s patent database. You can get to it by this link: http://www.google.com/patents In reference to what you said is a unique idea for a website, type in the word “website” into the Google patent database search box. That’ll bring up some patents in the area that you are interested in. As you’ll see, it is possible to patent ideas in this particular category of inventions.
In reference to your question regarding claims and legal support: Towards the top of my to-do list is to write up examples and tutorials on claims. That’ll help greatly (for you and for all readers of my Web site) once it is complete. But that portion of of my Web content may be a few weeks away — as it is the most complex area to describe and provide advice on.
In the meantime, read as many patents as you can — particularly those in the field you are interested in (in your case, websites). Use various keywords in your Google patent database search, such as website, web site, web, web invention, etc. The patents can be quite lengthy to read. I would recommend skimming them, reading just the abstract and then the claims. If a particular patent intrigues you, then read the entire text.
Matt, I’m inspired by your youthful energy and enthusiasm. I’ll do my best to help as you explore the patenting process.
– Eric
Hi Fe.
Unfortunately, it’s not unusual for a company to not want to sign an NDA.
You asked for the disadvantages of filing a provisional patent application (PPA). Here are two to consider:
(1) Many times (unfortunately too many times), the PPA applicant uses the PPA as a shortcut, and doesn’t do as thorough of a job at researching and disclosing information about his or her invention as he or she would with a traditional patent application.
(2) This is similar to (1), in that a PPA doesn’t require the applicant to file Claims. To many, Claims are the “heart” of the patent application. In many cases, writing the Claims greatly influences how how the rest the application is prepared. They go hand in hand. Without the need to author Claims, the applicant may or may not prepare the PPA disclosure in such a way that solid, supportable Claims can be written later. And that would be catastrophic.
I can’t underscore point (2) above enough. For individuals who have never written a patent application before, it is very difficult to have a firm grasp of the critical nature of the Claims — and the very precise interdependency of all the elements of a patent application. I would guess that someone filing a PPA by him or herself, without having gone through the process of at least one full-fledged patent application prior, the likelihood of being able to prepare solid Claims in the full patent application down the road are extremely slim. Said another way, the chances for a catastrophic problem with the full patent application are very high.
There are other reasons that I don’t particularly recommend a PPA for a first-time inventor — but some of these are more technical in nature and would be difficult to describe here.
Sure, for experienced inventors with a number of patents / patent applications under their belts, a PPA can be a useful tool. For instance, a PPA saves upfront costs. It also enables the invention to immediately be marketed as “Patent Pending”. And a PPA gives the inventor up to one year to research whether or not the invention may be profitable in the marketplace…and thus one year to determine whether he or she would want to file a full-fledged patent application. But, as I said above, I think the likelihood that a first-time inventor can take advantages of these benefits is slim. That’s just my opinion, based cases that I’ve come across. Other people may think otherwise, and I certainly respect those opinions.
Fe, I hope the above information is helpful as you navigate the patent application landscape. Feel free to jot me other notes on this topic. I’ll do my best to help.
– Eric
Eric,
I cannot tell you how many times I have referred to this website for information and guidance. Thank you so much for the encouragement brought out in your comments. I originally thought about a patent “company” to work with my idea, but after reading your advice and your desire to help, I took on the challenge and added your site to my “Favorites”. I have recently filed my patent application!!
My question for you is at this point should I work with a Licensing Company and if so do you recommend one, or should I contact a local Patent Attorney to pursue marketing to a manufacturer?
And one more. I understand the patent process can take up to two years. During this time is there any clue that an application will be granted a patent?
Thank you so much.
Beth
Hi Beth.
Congratulation for filing your patent application! That is a huge milestone, for sure.
In response to your first question: I don’t work with any licensing companies, so I can’t give you a recommendation in that regard. Sorry.
You certainly can chat with a patent attorney; she or he could be a good source for advice.
Another route to consider is simply to start fishing for manufacturers by promoting your invention yourself. With your patent application filed, your invention is officially “patent pending” — and you can prospect for manufacturers using a variety of methods.
For instance, you could write and broadcast a press release entitled: “New (name of your invention) now available to (what your invention solves).” Your press release could then list the primary benefits of your invention. Make sure you say that the invention is patent pending — so manufacturers will know that you’ve taken the effort to do so; it will give them a higher level of confidence and increase the likelihood that they will contact you. Your press release would not need to describe the specifics of your invention (no need to disclose the details as you did in your patent application). As I said above, just touch upon the benefits…enough to wet a prospect’s whistle.
To circulate a press release, there are a number of ways to go. You certainly could work with a regional PR firm. Or, if you feel adventurous, you could sign up for a press release broadcast service — such as Business Wire (www.businesswire) or Market Wire (www.marketwire.com) and do it yourself. Since you’ve already tackled the patent application yourself, I don’t see any reason that you couldn’t try the latter option yourself, too. To give you an idea of cost, you can circulate a press release, worldwide, for $200 – $400 using services like the above.
Something else you can do, at very little cost, is to create a simple, one-page Web site about your invention. You could register a domain name that reflects the name of your invention; domain names can be registered for just a few dollars nowadays. You could then post a simple Web page at that domain saying something similar to the title of your press release: “New (name of your invention) now available to (what your invention solves).” Use this one-page site to touch on the benefits of your invention. You could even post the entire text of your press release there. After your Web page is online, you would then want to tell the search engines that your page exists…particularly Google. To do so, simply go to http://www.google.com/addurl/ and give Google your Web address.
To answer your second question: Yes, the patent application process can take quite some time. In fact (and this is startling to most inventors), you may not even hear back from the patent office for two years or more. There will be complete silence during this period.
And, once you finally do get news from the patent office, in the vast majority of cases the patent examiner will have some questions about your application that you’ll have to respond to. It is extremely rare — even for seasoned inventors such as myself — that a patent is granted with the initial response from the patent office. So you’ll likely need to respond to the questions that come up, and it may take six months to a year before you get the next reply! It can be a long and (sometimes) agonizing dance. The U.S. Patent and Trademark Office is quite backlogged on patent applications; the entire back-and-forth required could take three or four years.
The good news: Since your patent application is submitted, and your invention is “patent pending”, you can actively promote and market your invention during this rather long dance with the patent office.
Beth, sorry for the longer-than-usual reply to a question. But since you’ve taken the effort to file a patent application, I feel compelled to go the extra mile and give you the best input I can on your questions. I hope I’ve helped!
Congratulations, again.
– Eric
Hello Eric,
With respect to an intangible product, most specifically, a financial instrument or insurance product, which patent type of the three which you identify would be appropriate and useful?
Sincerely,
CarlK
Hi Carl.
Glad to help.
Your invention idea seems to fall into the category of business methods.
Conveniently, the U.S. Patent Office has a Web page focused entirely on this particular segment of patent law. It’s entitled “Patent Business Methods”. Again, it’s something the USPTO has created specifically for this particular topic. Here’s the Web address: http://www.uspto.gov/web/menu/pbmethod/
The USPTO’s information should help greatly.
Best of luck with your concept!
– Eric
Eric,
I am so new to all of this. I’m having a bit of trouble understanding the “claims” part of the patent. Also, I went to the “Forms” page to apply for a patent, however, there were several to choose from. I am looking to apply for a utiility patent.
Thank you so much. And I must say, this is the most helpful website I have ever seen on any subject matter on the web. Truely! I google a lot, and research a lot and this has proved to be number one in my book. Thank you and thank you again.
Kind Regards,
Leana
Hi Leana.
Thank you, so much, for the very kind words. Just doing my best to help.
The “Claims” part of the patent application is, for most people, the most daunting component of the entire process. Writing patent claims is an art all by itself. In this regard, I recommend (if you haven’t already) checking out my post on this topic. Here’s a handy link to it: http://patent-your-inventions.com/?p=38
And, yes, there are a variety of U.S. Patent and Trademark (USPTO) forms you’ll need to file your application. But I recommend that you don’t get bogged down in the USPTO forms until you’ve actually written your entire patent application. Afterward, you can switch gears to download and fill out the forms to send in with your application. Those forms will take you just a handful of minutes.
Again, thank you for the very nice words. I’m glad I can chip in with advice to you and other inventors. It’s my pleasure to do so.
– Eric
Hi Eric,
This is Beth from the above email dated June 29, 08. I am patiently going through the “silent dance” with the USPTO.
I am wondering if there is a time limit to foreign file and if you have any comments or advice you would share with me about foreign filing?
Thank you,
Beth
Hi Beth. Nice to hear back from you!
Regarding foreign patent filing: This is a complex subject. In fact, I may want to write an entire post on it. In the meantime, let me provide a few tips that should be helpful:
Generally speaking, you have 12 months from filing your U.S. patent application to file any foreign patent application(s). The simplest (and least expensive) method for most inventors is to file through the Patent Cooperation Treaty (PCT).
Here’s a link to a handy PCT timeline chart provided by the USPTO: http://www.uspto.gov/web/offices/pac/mpep/documents/1800_1842.htm#sect1842
And here’s a link to an overview of the Patent Cooperation Treaty: http://www.uspto.gov/web/offices/pac/mpep/documents/1800_1801.htm
The USPTO “silent dance” (wonderful description!) can be excruciating. Your first Office Action (reply to your application) could be 12 – 18 – 24 months. Let me know when your “OA” comes in. I’m rooting for you!
I hope my answer above helps. Best of luck with things.
– Eric
Eric,
Thank you so much for all you are doing for people like me. Last May I wrote and filed my own patent. I corresponed with you about marketing and foreign filing. With your encouragement and advice I wrote my own press release and submitted it to target companies. All rejections in Sept. I changed a few words and the date and resent it this month and four days later I have a company requesting more information! I am very excited, yet nervous! At this point should I get a patent attorney? These big companies scare me. They are so much more experienced in this area. WOW! I really am excited.
I read all your information and cannot thank you enough for sharing your wisdom. It inspires me to keep doing the best that I can do.
Beth
Hi Beth. Thank you for the very kind words. The genuine energy and efforts applied by inventors — such as yourself — keeps me energized with my contributions.
I am very excited to her that a company has contacted you requesting more information. That’s super! Yes, at this point, I would recommend getting legal counsel. The legalities and nuances of negotiating a relationship with another company is much more than I could communicate in a blog post.
I would recommend finding a small, local firm to represent you. Perhaps an attorney with an independent practice; I’ve seen that sort of relationship work well for independent inventors.
Almost any reputable attorney will provide the first consultation without cost. “Interview” a couple of attorneys — and see who you feel most comfortable with. Also, ask for references. Again, reputable attorneys will be happy to supply references to you.
Please keep me informed of your progress. As I said above, I am very excited for you!
– Eric
Let’s say I file a patent and my invention is now in the “patent pending” stage.
Is there a way to find out if there are others with same invention in the “patent pending” stage ahead of me? How can I start to to market my product at that stage without knowing if someone is ahead of me with the same invention? I would be wasting a lot of time and money without this key factor.
Hi Donna.
To make a complex answer short, there is no way to view patent applications while they are being prosecuted (that is, while they are “patent pending”). Only published applications (where a patent is issued) are available to the general public.
I know this isn’t the answer you were hoping for. But this is a time-honored USPTO policy that provides fairness for all inventors.
Best of luck with your invention!
– Eric
Hi Eric,
I have some idea related to electronic devices. Do I need to fabricate the device and test it before filing a patent for that?
Thanks,
Prabs
Hi Prabs.
It is not absolutely mandatory to create and test the device prior to filing a patent application — but doing so can give you significant leverage in case of a patent dispute down the road. According to U.S. patent law, if two inventors invent the same device and file a patent application at the same time, the inventor who first built and tested the invention (in patent lingo, reduced the invention to practice) will receive the patent.
Don’t worry if it is a very crude prototype. The key is to make a device that works as you intend.
Thanks for your question. I hope I’ve helped. Best of luck with your invention.
– Eric
Eric,
Thank you so much for your website!!! You’ve been an enormous help! I am currently having an invention prototyped by a firm (should get hands on this week
). I have since came up with two different forms of the same invention (basically size differences). Would I need to patent each of these (the only difference is overall size and the number of a certain part on the inside, for example the smallest version has 1 of these, the medium has 6, and the largest has 12). Does each version require a separate patent?
Next question: I’ve looked all around and have never seen anything like this. However, if I go “patent pending” and then find out that this item exists elsewhere and/or my patent application is summarily denied what kind of liability would I face to the patent holder? If my application is denied (for whatever reason) are any protections put in place because of the application (like until I refile)?
I’m really sorry if you’ve answered these questions elsewhere (it’s quite the website)! I sincerely appreciate your assistance!
Ryan
I don’t understand why it takes 20-30 hours of searching to find all the patents. I found the one similar to mine, now what do I do?
Hi Ryan. First off, thank you for the kind words about the Web site. It’s really appreciated!
That’s fantastic to hear that you are in the process of manufacturing a prototype. That’s usually the biggest hurdle for most inventors. Kudos for the effort!
As far as having to different “forms” (sizes) for the invention — in most cases — that would be encompassed by the same patent application.
Regarding your second question: If you file a patent application (thus, making your invention “patent pending”), and then you find out your invention exists elsewhere, you’ll have to disclose this discovery to the patent office. As you know, you cannot get a patent on an existing idea (no matter how old the idea is, where it was created, or whether or not it was ever patented). If it exists (or has ever existed), it is not an invention.
When this sort of discovery occurs, many inventors simply terminate their patent applications. If this happens to you, the patent holder thus may never even become aware of your attempt to patent the device.
Be careful: If you have an inkling (or have seen evidence anywhere) that your invention already exists, then you shouldn’t file a patent application on it. As I mentioned in a previous post — http://patent-your-inventions.com/?p=139 — an inventor must swear (under penalty of perjury) — that the invention is his or hers entirely.
I apologize, but I’m not sure I understand the very last portion of your question regarding if your application is denied and any sort of “protections”. Feel free to run that portion of your question by me again — and I’ll take another shot at it.
I hope I’ve been helpful. I hope your prototype turned out well!
– Eric
Hi Erik.
Well, to make a long story short: If you found that your invention is already patented, you can’t file a patent on it.
Check out the posting on this topic at the following link: http://patent-your-inventions.com/?p=139
Glad to answer your question.
Eric,
I have an idea about how to slightly change an existing product(s) so that it can be used in a new and different way.
Can I patent this idea?
Thanks,
Scott
Hi Erik, Like every newbie Joe Schmoe inventor out there, I really appreciate the free advice. I have a couple of questions..
1) Can you provide us a sample of what a good application packet submission looks like? (To get your idea approved, do you have to be a stellar, persuasive writer, or is the idea itself sufficient?)
2) Will you have a section that talks about how to actually market the idea to licensors (company who buys/rents your patented idea)? How to find and contact potential licensors? Do you have to represent yourself, or are there lawyers/ consultants out there that can sell your license?
Hi Scott.
Glad to answer your question.
Check out my post entitled, “Can you patent a new use for an existing device? (And, if so, should you?)” Here’s a quick link to it: http://patent-your-inventions.com/?p=128
Best of luck with your idea!
– Eric
Hi Lisa.
Excellent questions! At some point, I think I’ll write sections on the two topics you brought up.
I have found that presentation IS an important characteristic (neatness, etc.) as well as the persuasiveness of the writing. Patent Examiners are people just like you and I, and appreciate when the patent applicant takes the time write and prepare the application. So even “neatness” counts.
As a writer myself, I can quickly size up the writing abilities of other individuals in just a few sentences. I can tell from the way you structured your questions, and the subtitles of your expressions (word choice, sentence flow, sentence pacing), that you are a well-about-average writer. And I’m not just saying that to be polite.
I really can tell these things.
As far as a model application (or packet submission, as you called it), I don’t believe I have one that I would be able to show. But let me think on that a bit more. There are, however, a few books that can be helpful. One excellent book that you can find in just about every major library in America, is called “Patent it Yourself” and it’s written by Patent Attorney David Pressman. That book gives superb examples of all of the elements that you would need to prepare and send to the U.S. Patent and Trademark Office.
Thanks, again, for the suggestion on how to market an idea to licensors. That’s a brilliant idea. I promise I will work on it in the near future. But to make a long story short: You can represent yourself to potential buyers / licensors. The aforementioned book also contains a chapter or two with great advice in this regard.
Thank you for the fantastic questions. I hope I’ve helped a bit. Keep me posted on your progress.
– Eric
Eric,
I initially wrote on June 28, 2008, after writing and filing my own utility patent application. (My how time has flown by.) You said you were rooting for me. This comes to express my thanks and to let you know my application has been granted a patent and I have paid maintenance and publication fees!!!! WOW!
I have referred many people to this website for reading and learning. There is so much to gain by others questions and your generous information. I read them all!
I am in the process of submitting marketing presentations to companies in hopes of licensing my device.
Thank you, again, Eric.
Beth
Hi Beth.
You can’t imagine how excited I am for you! Truly so. You are officially “an inventor” with the stamp of approval from the U.S. Patent and Trademark Office. Neat feeling, isn’t it?
Please continue to keep me (and all of the readers here) posted on your marketing efforts. If I can be of any assistance with advice or guidance, please don’t hesitate to ask.
I’ll continue to root for you as you take the next exciting steps in marketing and licensing your device.
Your post made my day. Congratulations, again!
– Eric
hi Eric,
Thanks for being the guiding star for so many lost travelers. My query goes like this:
I have a query on patenting the idea of game(role play). I have a developed a bargaining game which I plan to get patented. I would like to know if the game works on a principle of economic experiment which is not patented then can I go ahead and patent my game? The rules and method of play is being developed by me and are unique.
I will elaborate more with an example. The game is similar to something like ‘Who wants to be a millionaire’. ‘Who wants to be a millionaire’ is a game with an underlying principle of ‘quiz’ which is not patented. But still the idea of the game is unique with its own rules. My game is similar to this.
Kindly let me know how I can go ahead with patenting this game?
Hi. Thank you for your question regarding patenting a particular style of game.
For starters, check out my post entitled: Can you patent a board game? Here is the information you need to know. You can jump to it directly at: http://patent-your-inventions.com/?p=147
As that post suggests, use the Google Patent Search tool to look at the way other games are patented. I believe you’ll find many relevant examples that will give you solid guidance. And if I can be of further assistance, let me know.
– Eric
Thanks for the reply Eric. One more thing I read a lot on TV game shows and most of them seem like they cannot be patented. My idea is also an TV game show so can it be patented?
Also I had a doubt while going through your posts. Actually it seems like two contradictory statements. It goes like this. One one hand there is a fear of revealing your trade secret by patenting it and also a fear that someone might patent it and stop you from using it. Now patents are given to things that are Novel. So if the thing is already in use how can anyone be granted patent. Kindly answer this as many people might be wondering how patenting works?
Thanks,
Prashant
Hi Prashant. Glad to provide further thoughts.
As far as patented a “game show” (versus something like a board game) — I’m not sure if that is possible. Perhaps if there is some underlying technology that’s absolutely required (some sort of device that the contestants must use, for instance), then maybe an individual element or elements may be patentable. I’ve never come across this question before. Let me think about it some more.
Regarding your other question: The most important thing to know is that if something is already in use, it cannot be patented. A patent cannot be granted on what is called “prior art”. It must be new and novel — truly an original idea by the inventor. That’s the definition of an invention.
For more information, check out my post entitled: Is your idea patentable? Two vital things to consider. You can jump to it directly at the following link: http://patent-your-inventions.com/?p=35
Best of luck with your idea.
– Eric
This is the website I just keep coming back to. I’m just starting out, and have great ideas, but zero start-up capital. This will give me the edge I need. Quick question: is it safe to start marketing my board game with only copyrights and trademarking? Or should I go ahead and patent?
L
Hi Lucas.
This is an excellent question. Thank you for posting it.
I have just launched a new 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 patent- and invention-related topics (such as invention marketing — which has been a very popular question). If I could ask a big favor for 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
Hi Kirk.
Thanks for the kind words about the Web site here. Much appreciated.
I’ve launched a new Web site that will be greatly helpful. Check out http://www.howtopatent.pro. You’ll note on that site a post that specifically addresses your question. Take a look at http://www.howtopatent.pro/2010/03/three-types-of-patents-how-to-choose-the-right-one-for-your-invention/.
Glad to hear you have a prototype made and are ready to roll. Best of luck with your endeavor!
– Eric
Hi Eric
I am so glad that I found this website. I have been in contact with Patent Assistance Worldwide and they said that they love my idea and are sending me a proposal. However, I decided to do a little research about them and I am not feeling so comfortable after reading reviews. Is it normal for me to have to put $ up front? Do you have any advice regarding this company? I really do believe in my idea (I am sure everyone believes in their own) and would love to help develop a product that would benefit animal lovers everywhere. I have read a lot of your information and this would be a utility patent. Any advice would be greatly appreciated
Hi Sheri.
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