Innovation and invention have been the backbone of development in the United States. From Eli Whitney's cotton gin to Thomas Edison's Invention Factory in Menlo Park, New Jersey, individuals have developed new ideas that have improved our standard of living, revolutionized our manufacturing capabilities, and modernized our lifestyles. Although inventors come from all walks of life, they have one thing in common: they look at a situation and come up with a solution that they think works better or will simplify the situation. However, once someone gets an idea, what is he or she to do with it? Make a decision Whether you decide to patent an idea depends on the type of idea you have. If you have developed an idea that could be manufactured by a company already in existence and you do not have the funds available to research patents, you might consider contacting some of the larger companies that manufacture related products with a license, production, or purchase proposal. We caution you not to send them any specific details or a prototype of your invention until you have a written agreement with them. Before signing, any papers or sending any money, contact the Better Business Bureau of your state, as well as the state where the home office of the company that you are considering is located, and request information about complaints lodged against them. Also, contact the attorney general's office in the resident state of the company to see if any lawsuits or complaints have been filed against the company.
Choosing what you want If you decide to obtain a patent for your idea, you can either do it yourself or retain a patent attorney. If you do it yourself, it will take an enormous amount of time, research, and paperwork. For this reason many inventors choose to retain a patent attorney. Nevertheless, patent attorneys are generally quite expensive. Although some patent attorneys are less expensive, most will charge from $3,000 to $15,000. If you choose to use a patent attorney, shop around before selecting one.
If you want protection and decide to do it you first need to know the difference between patents, trademark, and copyright. The Patent and Trademark Office of the U.S. Department of Commerce must grant all three.
What is a patent? A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office of the U.S. Department of Commerce. The term of a new or renewed patent is 20 years from the date on which the application for patent was filed in the United States, subject to the payment of maintenance fees. U.S. patent grants are effective only within the U.S., U.S. territories, and U.S. possessions. The right conferred by the patent grant is the right to exclude others from making, using, offering for sale, or selling the invention in the United States or importing the invention into the United States.
What is a trademark? A trademark is a word, name, symbol, or device that is used in trade to indicate the source of the goods and to distinguish them from the goods of others. Trademark rights can be used to prevent others from using a confusingly similar mark but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.
What is copyright? Copyright is a form of protection provided to authors of original works of authorship. It protects the form of expression but not the subject matter of the expression. The copyright gives to the owner the exclusive right to reproduce the copyrighted work, to prepare deviate works, to distribute copies of the copyrighted work, to perform the copyrighted work in public, or to display the work publicly.
Patent your invention If you decide that you need a patent and want to do it yourself, contact the U.S. Patent and Trademark office and request information on how to apply. A typical 20-year patent will cost between $6,000 and $12,000. Although this includes government filing fees and application fees, it may or may not include attorney fees.
If you feel that you cannot afford a 20-year patent but still want protection, you can apply to the U.S. Patent and Trademark office for a Provisional Patent. This can be obtained by submitting a one-page document that explains the invention to be patented, a sketch of the invention, and a $75 filing fee. Even though this kind of patent is valid for only one year, you can use that patent protection time to show the invention to potential buyers and retailers or to solicit sponsorship, production grants, or licensing from a business or a corporation.
Use caution when using invention-marketing companies. These types of companies generally advertise in high profile magazines and television infomercials. These companies promise that they will push through the invention for a fee. That fee usually ranges from $5,000 to $20,000, with little or nothing in return for the fee.
Document your invention Be sure you protect your invention by documenting a description of the invention (and drawings if applicable) and having it witnessed and notarized. Also, document the date of your idea conception; the development of the invention, including all subsequent improvements and dates; the date that any prototypes were developed; and the performance results of the prototype.
In addition, make an objective evaluation to determine its commercial possibilities in three primary areas:
- The positive and negative marketing factors attached to the invention.
- Consultation with experts who specialize in objects or services similar to the invention, potential users of the invention, potential buyers, and a potential license grantor.
- Research prior developments in the same area of your invention.
Conclusion If you have an idea for an item, product, or service and want to protect that idea, you can have it patented. You can either retain a patent attorney or patent it yourself. In your telephone book Yellow Pages, you can usually find a listing of patent attorneys who will be able to help. If you choose to patent it yourself, you can contact the Patent and Trademark Office of the U.S. Department of Commerce and request patent and invention publications and an application. You also might want to contact your state government offices to see if they have a department of inventions, patents, or trade. They may be able to supply you with an Inventor's Checklist or related publications.
To view the original text of this article,
click here to visit Crown Financial Ministries website.
