Two most important steps in the invention process.
Step One: Document your idea ASAP, preferably in an “Inventor’s Notebook”. I like to recommend that inventors use a bound “composition notebook” that you can find at any office supply store. These bound notebooks typically have 100 sheets. Take a pen and number every page consecutively. Then use the notebook to jot down your ideas, sketches, etc. Put the date on the pages after you write / sketch your invention. Sign your name on the invention page(s). Then, along with your signature, write the word “Witness:” and have someone sign in that spot. I can’t stress enough the importance of documenting your ideas in this fashion. (For additional information, read my post here entitled “A low-cost way to create an Inventor’s Notebook.”)
Step Two: Build and test your invention. This essentially establishes a date stamp that is critical if you and someone create the invention around the same time; all things being equal, the U.S. Patent Office will award the patent to the person who built and tested the invention first (called, in patent lingo, the person who first “reduced it to practice”).
– Eric
Hi Eric,
First of all, I would like to congratulate and thank you for your noble intentions in helping the hopeful inventors.
I have a question for you: I have an idea of a toy but I’m not sure if I can patent it. I’ll give you an example: for instance, let’s say that my invention is a doll that cries if her mom doesn’t hug her, assuming that no one had invented that before, can I patent the idea that “the doll would cry if no one would hug it”. Or can I only patent the mechanism (operational design) of which the doll would cry if it’s not hugged.
In other words, can I put in the claims section: a doll that would cry if no one would hug it; so I can limit any imitation of my idea even if a different mechanism is embedded in the doll to make her cry if not hugged?
Thank you so much in advance for your help.
Maya
Hi Maya.
Thank you, so much, for your kind words.
Your question is similar to one that I get a lot: Can an idea, in and of itself, be patented?
The short answer is unfortunately no. All inventions have to be described in enough detail that someone would be able to construct the invention. So, as you surmise, you have to describe in detail the mechanism of which the doll wouldn’t cry if it’s not hugged.
The above is a fundamental requirement of all patent applications. It’s designed to make sure that an invention can actually exist and function in the real world.
Thank you for the nicely constructed question. I can tell by your thought process that you’ll have a good approach to any patent application you might file. Best wishes for success!
– Eric
Hi Eric,
First off, thank you for taking the time to share your knowledge and expertise with those of us looking to take similar steps, it is much appreciated.
I have a product invention that appears to meet the criteria for patentability, and I plan to move ahead with filing. However, my product requires molded plastic parts and machined metal parts. I have no experience with either, so prototyping my invention is going to be tricky. Is a prototpye an absolute requirement, or could I get by with a meticulous description in my application? Do you have any suggestions for someone in my shoes?
Thanks again,
Marioh
Hi Mario.
Congratulations on your product invention. Glad to provide some advice.
I’ve found that invention prototyping is the toughest hurdle for most inventors…even veteran inventors, like me. Unfortunately, you do have to (in patent lingo) “reduce the invention to practice” — that is, find a way to somehow make and test it.
One option, to help keep your costs at rock bottom, is to find a “one off” plastic molding company to make the plastic components you need. Do a Google search for “one off plastic molding”. You’ll find many companies providing low-cost plastic prototyping — handy for invention prototyping. You can also check your local Yellow Pages.
Another option to explore is working with a local manufacturer to develop your prototype. There are risks, as you would have to expose your patentable invention to an outside entity. Be very careful before you do so. I would strongly suggest getting recommendations from others, to independently gauge the reliability and credibility of any outside entity. Ask for references. Contact other people and companies that enlisted the services of these manufacturers. Although far from an iron-clad way to ensure confidentially, you should also insist from any manufacturer that they sign a a “non-disclosure agreement” or “NDA”. Google these terms for a variety of templates. Or, better yet, have an attorney draft a custom one for you.
BTW, I’m not a big fan of NDAs — as unscrupulous companies can try to find a way around them. But it is an important tool to consider if you do partner with another entity.
I hope these ideas are helpful. As I said above, invention prototyping is the toughest hurdle for most inventors. Don’t get discouraged. Use your inventor’s creativity to come up with a creative solution to your prototyping needs.
Best of luck, Mario!
– Eric
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Hi Eric,
Great website!
I have an idea for a VARIATION of an existing game. In other words, the game is not unique but the form (components and packaging)are unlike anything I’ve seen in stores or on the internet. Is there a chance I can patent my variation and if so, how do I find out if it’s already been patented?
Thanks,
Jon
Hi Eric,
Great website!
I have an idea for a VARIATION of an existing game. In other words, the game is not unique but the form (components and packaging)are unlike anything I’ve seen in stores or on the internet. Is there a chance I can patent my variation and if so, how do I find out if it’s already been patented?
Thanks,
Jon
Hi Jon.
Congratulations on your game idea. Indeed, you can patent a variation of an existing product. Review my post entitled: “Can you combine two patented or existing products to create a new, patentable invention?” Click on this link to get there quickly.
As far as finding out if your idea has already been patented, you may want to start by using Google’s patent search tool. Check out: http://www.google.com/patents. Search by keywords and phrases, just like you would conduct any other search.
I hope I’ve been helpful. Best of luck with your game invention!
– Eric
I want my work to be a secret. Every day I might add notes or drawings in my book. But you say to get a witness to sign each page. Does the witness have to be present at the time you are signing it, can I wait to see my attorney then I can sign each page in front of him then he too can sign each page? Does each page need my signature now and does each page need a witness signature now? If so how can I keep my work a secret?
Hi Clark. Thank you for your question.
As you write your ideas / inventions into the inventor’s notebook, you’ll need to have the pages witnessed. Yes, it is tedious. But it is the proper procedure. You’ll need to write a line on each page that says something like “I have read and understood the purpose of this invention” which would then be followed by the word “WITNESS:” which would then followed by your witness’ printed name, signature, and date. Your witness should preferably not be your spouse or children or anyone who could somehow profit from the success of your invention.
I hope the above information is helpful. Best of luck with your invention!
– Eric
Hi Eric!
Thank you so much for putting time and work into this website. I just started the “invention process” and your advice has been so helpful!
One item that I don’t think I’ve seen addressed: my product prototype needs to be produced by a plastics fabricator, it isn’t possible for me to make one on my own. I see from your posts that it is essential to have a working prototype before applying for a patent. How do I protect my idea if I have to have someone else produce it for me before applying for a patent? I’ve read about non-disclosure agreements, but is that sufficient?
Thank you!
Jessica
Hi Jessica. Thank you for the very kind words. Just knowing that I am helpful to all of the new inventors out there means a lot to me. Really and truly.
And thank you for the great question. It is one that I have been getting a lot lately. It is one of the more daunting hurdles in the entire invention / patent process. Because it is such an important issue, I have written a post specifically around this topic. It’s called (not surprisingly): “How to prototype your invention. How to prototype your idea.” Just click on the following link to be transported to it. http://patent-your-inventions.com/?p=143
The above-mentioned post touches upon all the issues you’ve mentioned…including NDAs. Let me know if it answers the questions you may have. If not, let me know, and I’ll delve into the issue further.
Thanks, again, for the nice words about the Web site. Best of luck bringing your invention to life!
– Eric
I have a toy that I want to patent. I can either make it out of wood or plastic should I patent both materials. Do I need to reduce it to practice using both materials?
Thanks for your help on this?
Eric,
I will reiterate what I have read from some of the rest of the posts on your webpage’s, Thank you for the AWESOME information.
One comment I would like to make about the plastic “proto typing” process (especially since I’m a retired GE plastics guy) is if at all possible first make “it” out of wood or another material, clay even or paper Mache~, coat hangers etc, work with your friends and family to test the proto type and if it works then go thru the patent process. I have been successful testing my wooden proto types and will soon begin the patent process on two of my ideas. Both will be made from plastic if I receive the patents.
Hi Jordan.
This is an excellent question.
If the device can function similarly when made of a range of materials, a single patent application can usually be prepared to span those materials. It may be wise to construct your invention of multiple materials — so that you can say in your patent application that you’ve done so and that the device works well with these materials. It doesn’t seem like it would hurt to do so.
Glad to help, Jordan. Best of luck with your invention!
This is an excellent suggestion, Brian.
Your advice should be appreciated by the many readers here who are stuck on the prototyping step. Thank you so much for adding your experienced comment to the discussion!
– Eric
Hi Eric,
I have several ideas for inventions but the one thing holding me back is how to actually make the product, what you call “reducing the invention to practice.” Is it legal to take a product from a manufacturer and modify it to meet your invention idea?
Thank you,
Joy
Hi Joy.
This is an excellent question. Thank you for submitting 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 additional 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