What Inventors Should Know About the Patent Reform Act

Experienced inventors exist in great numbers. They’ve most likely filed a number of patent applications and know generally how patent filing works. Nevertheless, with growing technologies and changes to invention paradigms, the US government has had to keep patent law up-to-date. The US Patent and Trademark Office (USPTO) often has rule changes, and they do their best to inform the public what the changes are. However, every now and then the US Congress makes large changes to patent law. In 2007, the Patent Reform Act was reported, containing many alterations to patent rules. A summary of the changes are listed.

The First-to-File Rule

Prior to 2007, the United States was the only country in the world that would evaluate patent applications in the order of the creation of the invention, rather than the date of patent filing. The change introduced here would make the USPTO evaluate patent applications chronologically based on the date of filing. The benefits of doing this would be to a) conform to international processes of patent handling and b) reduce legal costs and court time related to the length of each evaluation. Opponents to this change see a potential problem of inventors rushing through patent applications in order to file their patents earlier than competitors.

Approximation of Damages

In the past, inventors who recognized patent infringement could sue the infringer for royalties equal to the amount that their whole invention could sell for. In the Patent Reform Act of 2007, a change was made to this rule: the patent holder would only be able to claim royalties for the invention they created, and not the sales related to the improvements that the infringers made. This clarification was made in order to reduce the amount of frivolous litigation that has been apparent in recent years with high-technology instrumentation and software. Those opposed to the changes claim that the market value of the changes would be difficult to estimate, and would tie up the courts longer when a patent infringement case occurs.

Inventors Oath Changes

In any patent application, there is an oath that an inventor must sign to declare that the application is true to the best of his or her knowledge. The Patent Reform Act adds leniency to this rule. If the inventor is dead or disabled, and cannot sign the application, an assignee can sign the patent application in the inventor’s absence.

Interlocutory Appeals

Large companies who are frequently targeted legally during the patent process are always looking for ways to reduce their legal costs. With this change, a case which revolves around an incorrect interpretation of a patent can avoid a full appeal which leads to a second trial. Due to the fact that around two-thirds of incorrect interpretations are found through a full trial, an interlocutory appeal would increase courtroom availability. Although this idea would shorten court time, the interlocutory appeal would have to come from the Federal Circuit Court of Appeals, and would take up a significant chunk of their time.

Third Party Opposition

Anytime a patent is issued, it’s unclear how the patent will affect the world around it. As a result, the Patent Reform Act changes the rules so that an opponent to a particular patent can file an infringement lawsuit up to twelve months after the patent was granted, assuming that the patent caused the person or group significant economic harm. Arguments made against this change focus on the idea that twelve months was too much time, and would allow for frivolous lawsuits. The change also proposes the creation of a new part of the USPTO, the Patent Trial and Appeal Board, who would look over these legal actions.

Prior Use Defense

Before 2007, the prior-use defense, which protects companies from losing revenue gained before a patent or trademark was issued to them, was only applied to business methods. While this rule could essentially invalidate the purpose of the patent, it favors small businesses that do not have the know-how about patenting their trade secrets. In the Patent Reform Act, the prior-use defense is applied to all types of patents issued by the USPTO.

These were the most crucial changes to patent law introduced by the bills. Currently the Patent Reform Act is still being evaluated by the Senate, but in general, the support of these changes is significant.

Pharmaceutical Patent Application Specifics

In your laboratory, you and your colleagues have developed a novel new drug that has shown promise in some clinical trials. Chances are you’ve burned through many millions of dollars of venture capital in order to get this compound on the market. You know you’ve got quite a bit of steps left to convince the Food and Drug Administration (FDA) that your compound is viable, and that can quite easily saturate your mind. What you don’t want to forget about is that once your compound is approved by the FDA, it’ll be open for reproduction. Generic companies will want to sell it for cheap. Since they didn’t put the work into discovering the compound, they shouldn’t reap the initial revenue from selling it. Therefore, you’ll need to get a patent on that compound.

When it comes to inventing a drug, the regular rules of patent protection are slightly more complicated. First of all, a patent on a drug lasts 20 years. The 20 years is guaranteed so you can replenish your company’s resources, please shareholders and potentially explore another drug paradigm. After the 20 years has expired, generic companies can easily get hold of your compound and sell the compound to consumers at a greatly reduced price. You won’t be able to capitalize on your invention nearly as much.

Unlike other inventions, novel chemical entities (NCEs) as drugs must be characterized in a patent application by particular chemical properties. Describing the NCE’s purpose is not necessary, as it is in the FDA approval process. Instead, the US Patent and Trademark Office (USPTO) is more interested about what makes it novel. There are particular characteristics of the compound that it is most interested in:

1) If it is an analog of a previously patented compound: particularly if it is an isomeric, enantiomeric or crystalized version.

2) If its solubility and particle size is conducive to its bioavailability. Smaller, more soluble compounds are considered favorably by the USPTO.

3) If the compound can be separated into ‘selection patents’, where a particular group of atoms – or a selection – of a compound can be considered novel. In many cases where compounds are developed using combinatorial chemistry, ‘selection patents’ may be applicable.

4) If the compound produces particular metabolites in the body. If it does, and the metabolite has not yet been characterized by the USPTO, there may be an opportunity to both patent the compound and the metabolite it forms.

5) If it requires a prodrug. Prodrugs are active compounds in an organism that can work with a compound to produce a therapeutic response. If a prodrug is involved, then many inventors choose to include it on the patent application.

In addition to clarifying these chemical properties, inventors of NCEs may be able to patent already-existing drugs by changing certain characteristics of them. For instance, a dosage change on an already existing drug may treat another malady. Or, perhaps an inventor discovered an easier, more cost-effective way to produce a natural product artificially. In any case, these method changes, dosage changes or any other changes must be properly described on the patent application. It’s always good measure to be very fluent in describing chemical properties and formulation terminologies before you attack a patent application. It may be beneficial when going after that drug patent to contact a pharmaceutical patent lawyer to make sure you’ve covered all bases. Your investors will most likely celebrate that decision.

Why to Get a Patent Lawyer

An inventor may have an idea, but the process of getting the idea patented takes quite a bit of work. He or she must determine if the idea has been thought of already, must produce a convincing argument that it’s an original creation and must be ready to classify the invention based on US Patent and Trademark Office (USPTO) regulations. An inventor may be turned off to the idea of getting a patent for this reason. Nevertheless, going through with developing the invention and marketing it could lead to others reproducing the idea and the original inventor losing revenue. A patent protects that from happening.

In order to avoid having to navigate through complicated patent laws and regulations, it may be beneficial to hire a patent attorney to help out. A patent attorney is very knowledgeable about patent law and is certified to specifically work on patents by the USPTO. In addition, in a lot of cases, patent attorneys have backgrounds in science and engineering, so they know quite a bit about inventions in both fields. In addition, they can handle matters beyond patents for the inventor, including copyrights they may need for information about their product, or trademarks for the business that could be formed from the invention.

Choosing a patent lawyer may be difficult. There are over 28,000 patent attorneys and about 9,000 patent agents in the United States today. Many specialize in particular types of patents, whether they happen to be for machinery, software, pharmaceuticals or even for organisms. Many inventors use the internet to search for the right patent lawyer. The USPTO has a search engine that will let the inventor find patent lawyers that are geographically closest to them, and websites like Findlaw contain directories of patent lawyers and law firms to browse through. Be sure to research the lawyer by asking them how many cases they’ve taken on, what their specialty is, what services they can provide, etc. In addition, if you know people who are in an industry that produces similar products to your invention, you may want to consult with them to find a good attorney.

Usually the services a patent lawyer provides are concrete. They know the USPTO very well and work with them on a regular basis. They will be able to use contacts in the USPTO to expedite the patent filing process. They will be able to assist you with filling out the application so that there aren’t mistakes. They will be able to take your idea and write it up into a description that follows the rules of the USPTO. They will clarify just how to construct drawings of your creation so that they are clear and properly show what your creation can do. They will warn you what to expect once the patent has been filed. Finally, they will be able to hold your hand once the patent has either been accepted or rejected.

Yes, patent lawyers are not inexpensive. Their fees vary, but usually they fall in the $5,000-$10,000 range. However, if you decide not to get a patent lawyer, there are many opportunities for the inventor to make a mistake. Their patent may become delayed or rejected because the application was not in its best form. Investment in a patent attorney is very likely to be returned in the long run.

Get a Patent without Using a Lawyer

For the average inventor, getting the willpower and drive to patent and manufacture an invention can be a difficult process. There are many obstacles that can frighten the innovator and may cause he or she to put a device, process or concoction somewhere it collects metaphorical dust. It’s no secret that becoming a successful inventor is as challenging – if not more than – as starting your own business. In fact, you may find that you have to start your own business to promote the product. Therefore, you’ll need to have a large monetary base to get your product out.

One place that commands a significant amount of money is the field of patent law. To the novice inventor, the idea of going through the patent application process – including paying the non-refundable fees, obtaining the correct terminology, following the correct rules and making sure that the invention hasn’t been reproduced – can be extremely daunting. Patent lawyers can often help out with this process monumentally. Patent lawyers are available all over the world and can be considered a tremendous investment for the inventor who has deep pockets. However, you may have the next revolutionary machine and not a lot of money to spend to make sure no one else claim it’s theirs. What can you do? The following is a set of steps you can take to avoid having to shell out $5,000 and up for a patent lawyer.

First: Can your invention be protected?

You know what your invention can do. You know how it is similar or different to the products you have seen marketed every day. However, you must be sure that a) it isn’t too close in functionality to another invention and b) that the US Patent and Trademark Office (USPTO) can legitimately understand why it’s a unique product. In order to do this, you’ll need to do two things. First of all, run a search through the USPTO database to see if other inventions that are closely like yours exist. List how they’re similar and how they’re different. Be sure that when you fill out your patent application, you compare and contrast these inventions to your own and be clear about why yours fills a niche that the others do not. Secondly, learn what different classifications of inventions exist for the USPTO. This will help you fit your invention into a place where regulations exist.

Second: Is your invention modern?

When Thomas Edison invented the light bulb, it was revolutionary and it made him a household name. Today, if you were to go to the patent office with a new version of a light bulb that did not improve on his original invention, you may be shot down. Yes, you may have a novel idea, but if it couldn’t be found useful when compared to similar products that exist today, but if the USPTO doesn’t find it modern, then it may reject your application to patent it.

Third: Can your invention be commercialized?

You can pretty much tell what a marketable invention is by watching mail order commercials. Things like towels that hold ten times their weight and high-volume vegetable slicers are quick and easy sellers, whose patents were well-earned. If you have an invention you’re proud of, but you’re not sure if it will sell, it may be best to do a little market research. The best place to start with this research is to find what’s called ‘prior art’, which include inventions that are close to yours which you may have improved upon. If your invention doesn’t have enough appeal so that it could potentially grab market share from prior art, then it probably won’t get a patent.

Fourth: Can you fill out the paperwork?

In order to have a patent approved, you must be able to fill out a patent application successfully. This application will require quite a bit of information, including descriptions of the functionality of your invention, why it should be given a patent, and quality drawings of the invention and how it works. Instructions about how to fill out patent applications are widely available in libraries and on the web, so become familiar with USPTO terminology and rules before trying to fill the application out.

Although it can be tough when you first become an inventor to get your product patented, it’s a wonderful experience. Avoid paying for a lawyer and pave your own way to a patent!

Avoiding Patent Reproduction

First time inventors often have a lot of questions that need answering. “What paperwork do I need to file?” “Should I get a patent lawyer?” “How much money will I need to sell my product?” “How do I determine if my invention already exists?”

All of these are legitimate questions. However, before you pursue getting a patent, arguably the most important question is the latter: “How do I determine if my invention already exists?” Luckily, in the present, there are a number of ways to make sure you haven’t reproduced someone else’s patented creation. Whether you’re an independent inventor or are in charge of making sure that your company’s many new technologies are recognized by the US Patent and Trademark Office (USPTO), you can use similar methods to determine if you could be making a copycat product. In addition, if you’ve made a career out of inventing, there are many sources available to stay on top of recent patents filed so you know what trends and technologies are fashionable and marketable.

The first place to look for filed patents is in online databases. The advent of the internet has brought with it a number of places online where information about patents that are currently in filing process or have been granted can be obtained. Such websites as Patentmonkey, Freepatentsonline, Wikipatents, or espacenet contain extensive databases of patents filed by many sources. While these websites are arguably good quality, they don’t always update recent patent activity. If a patent has been bought or sold, or if patents have been based upon prior creations, it’s likely that sort of information has not been updated in the databases, and when you go to file a patent, you may come across some surprises.

One way to ward off these unexpected obstacles is to expand your search. You could, for example, run a patent search on a number of these websites to see if there are any changes to the patents listed in one database and not the other. You could also compare your results to the information that the USPTO database has, which is also accessible online. Nevertheless, if a patent has been filed via a PCT – an international patent application – you may need to expand your search.

You can start by looking at court cases in the United States. The US Court of Appeals for the Federal Circuit offers a website where you can search for cases related to patents. The information available is comprehensive and is kept very much up to date. Another great national website is the Kuester Law Technology Law Resource website. This center for intellectual property includes news about patenting, intellectual property lawmaking, and pertinent inventions that could be of interest to you as an inventor.

If you’re more interested in obtaining an international patent, there are also a number of places you can check for prior creations. One is the Hieros Gamos website, which contains a well-populated international directory of lawyers, legal jobs, court cases, articles and any other legal-related information one may need. This website is quite thorough, and it may be difficult to navigate at first, but some may find that this is the best one-stop-shop on the web for patent review. If you find Hieros Gamos to be too thorough, you can run a search through the World Intellectual Property Association. Unlike Hieros Gamos, this website is targeted for those who are only interested in the patenting process.

You can also go to patenting websites of other countries. China, Canada, Australia, even the European Union have their own patent databases to review. If you choose to file an international patent, the searches will be done regardless of this process, and they can take up to sixteen months to complete. Therefore, although doing the searches on your own through a number of web portals may take some time, it’ll save quite a bit of time if your invention has already been patented.

The Patent vs. the Trademark

Intellectual Property Rights have been governed by the US Patent and Trademark Office (USPTO) for many years. IPRs exist on patents, trademarks and on copyrights. A novice inventor may be confused about what their creation should get: does it need to be patented, or should he or she get a trademark or copyright for the item?

First of all, copyrights apply generally to information or ideas, and prevent outside parties from capitalizing on them. An inventor of an object or process is not likely going to be seeking a copyright. In order to understand how patents and trademarks differ from each other, it’s necessary to list definitions of both and the different types.

According to the USPTO, the definition of a patent is the grant of a property right to an inventor. A property right is “the right to exclude others from making, using, offering for sale or selling” the invention in the United States, and importing the invention into the United States. There are three types of patents.

Patent type one: Utility Patent

A utility patent will be one that’s given to a machine, a process, a mechanism, or composition of matter that is not obvious and does not resemble prior inventions – called prior art – too much. These patents last 20 years from the initial filing of the patent, and will stay active as long as the inventor keeps up with associated fee payment schedules. Approximately 90 percent of the patents that are filed at the USPTO are utility patents.

Patent type two: Design Patent

A design patent differs from a utility patent in that it is issued for an original, ornamental design for an existing product, and doesn’t require the product to have new functionality. These patents last 14 years from the initial filing and do not require continual fees to be paid.

Patent type three: Plant Patent

Plant patents are issued to inventors that have developed new asexually generated plants, seedlings or associated hybrids. The plant patent protects the invention from being made, used or sold by others for a period of 20 years. Plant patents do not require a regular maintenance fee.

Other filings that inventors can make through the USPTO are reissue patents, which change the details of an original patent, or a defensive publication, which prevents others from patenting a particular invention.

Trademarks, on the other hand, are defined by the USPTO as a “word, name, symbol or device which is used in trade with goods and to distinguish them from the goods of others.” Trademarks are used specifically to make sure that the only person or group to capitalize on the sale of their product is themselves. Trademarks exist on just about any common item that can be purchased in a store, and are often used to build a reputation for the group that owns the trademark. Many people use the trademark to decide whether their business practices produce a product that they want to buy. When a trademark is filed with the USPTO, a picture of the trademark that will be used in advertising must accompany the application.

In general, the inventor will get a patent prior to marketing their product. This will ensure that their invention cannot be reproduced for financial gain. Once the patent is in place, they may decide to form a business selling this product, in which case, they can obtain a trademark for their business.

Tips for Creating Quality Patent Drawings

You’ve been inspired by many famous inventors – Thomas Edison, Leonardo da Vinci, and even the Segway inventor, Dean Kamen – and you’ve finally crafted an idea that you’re positive will be patent-worthy. You’ll need to put together a significant amount of paperwork to convince authorities that your creation should be issued a patent. One of the most important aspects of your paperwork is the drawing of your object. You’ll need to create a visual representation of your item and show how it works. This is imperative so that the US Patent and Trademark Office (USPTO) knows exactly why your creation is special.

Drawings must be detailed, accurate and easy to interpret. You’ll have to be sure not to leave out any functionality or characteristic. These responsibilities can be very intimidating, so you may want to consider hiring a draftsperson to do the drawing. Doing so can guarantee that the drawings will be of quality, but there are some drawbacks. First of all, draftspersons can charge $100 and up for every drawing they put together. They can also miss out details, or may not be able to properly show what your invention can do. In addition, because you’re working with someone else, you have to be sensitive to their schedule and ability to follow deadlines. Finally, if you’re an aspiring inventor who sees a future creating more inventions, you may want to be able to take on the project of drawing yourself, so it’ll be easier the next time around.

There are many options available for the inventor that wants to construct his or her own drawings. First of all, it’s very important that you are familiar with the documentation rules that the USPTO requires you follow. You can familiarize yourself with these rules by visiting the rules database on the USPTO website, or consulting with your patent lawyer.

Once you’ve familiarized yourself with patent drawing rules, you’ll need to consider how you’re going to construct the drawings. The best way, for many, is to use old fashioned pen and paper. If you do it this way, you have the option to create drafts of each drawing in pencil to make sure you don’t have too many errors. Keep in mind that when you construct these drawings, the final draft must be in India ink, and should be relatively clear. Shadowing, lighting and small details will be important to display in the drawing, so you may want to do some reading up about proper black and white art representation before you complete the drawing. In addition, color can further describe what your invention can do. Nevertheless, the addition of color is a bit more complicated, as you need to produce three copies of the color representation, explain why color is needed, and pay a nominal fee. Still, doing this may be useful if you plan to use the drawings in brochures for your invention. If you really don’t trust yourself to draw freehand, you can take photographs of your invention and trace them onto paper initially. Then you’ll have a black and white replica of what your invention looks like.

Those that really don’t want to use their hands to draw out what they created can purchase Computer Aided Drawing (CAD) programs. There are many on the market and they are very easy to use. They’re also geared toward strict drawing rules, so you can feel safer that you won’t make a regulatory error. Still, like all things that make life easier, the programs are expensive. You may find that hiring a draftsperson can cost just as much.

No matter what, by using one of these methods, you can feel a bit more confident that your patent application will impress those it needs to. With a little bit of practice or monetary investment, you can try your hand at preparing your patent drawings yourself and be ready to jumpstart your inventing career!

Avoid Being Patent Trolled

As an aspiring inventor, you may have quite a few ideas up your sleeve. You may have already had one of your ideas patented. You may think that once your idea becomes patented and has reached consumers through a successful marketing campaign, your worries are over. However, there could be many headaches for you in the future. Aside from the fact that in the long run your patented item might be improved upon by someone else and you’ll lose sales, there’s a chance you might become patent trolled.

Patent trolling, which has been around since the early 1990’s, is the practice of purchasing relatively aged and/or inactive patents specifically to sue companies that have built upon them. It may be hard to understand why people do this. A simple example of patent trolling could be described as follows:

You invented instant lemonade. You patented the creation, it became very popular, and it sold for a long time. A competitor decided to add electrolytes to the instant lemonade, patented it, and eventually, over time, the electrolyte lemonade put the regular lemonade out of business. A guy who has a bit of money bought the patent of the instant lemonade from you, telling you he planned to sell more instant lemonade and make the product marketable again. Once he completed the sale, instead of selling the lemonade, he filed a lawsuit claiming that the electrolyte lemonade infringed on his idea, and wants the electrolyte lemonade company to pay him damages.

It may sound unfair, but this practice has become a major problem for inventors in recent years. As a result, many inventors have felt that if they improve upon an existing idea, they might just be subject to lawsuits in the future by opportunists that make their money specifically from litigation. Even if the inventor wins the battle, it can be time consuming and expensive, with legal costs running into the millions of dollars.

Patent trolls can easily acquire patents. Usually, if a company is near bankruptcy, they may try to auction their patents off to avoid further hardship. Patent trolls can purchase the patents at a very low price, in this case. Some patent trolls own hundreds of patents and are chronically involved in lawsuits. They keep their eye on recent patents filed by larger companies that have improved upon a product and target them due to their high amounts of revenue.

The problem has led to the US Patent and Trademark Office (USPTO) and Federal Trade Commission to be on the look out for patent trolls. Regulation to prevent frivolous litigation is currently in the works, but as an inventor, you can take steps to ensure that your invention won’t be subject to patent trolling. Keep in mind that you are only open to being patent trolled if your invention improves upon something that already exists.

The first defense you can take against being patent trolled is to create a ‘design-around’. In other words, you can change your invention in a small way so that by definition, its functionality is technically not based upon a previous invention. Secondly, there is insurance available to the inventor to avoid having to deal with patent infringement litigation, but it is not considered inexpensive. Finally, if you find yourself capitalizing heavily on an invention that you based on one that is simpler, you may want to use some of your earnings to purchase the older patent before patent trolls do.

Understanding Patent Mapping

Inventors in every corner of the globe must be hyper-vigilant when it comes to making sure that their patent isn’t a duplicate and is currently useful. Many inventors turn to doing their own research by reviewing trade journals, periodicals and the web to determine whether a patent-filing will be a sound investment. One of the many inventions that have passed in front of the US Patent and Trademark Office (USPTO) is a method for inventors to evaluate how their invention will make out. This method is called Patent landscape mapping (PLM).

Due to the fact that inventions are being created left and right – particularly in the computer and biotechnology industry – classifying the inventions has become increasingly important. PLM makes an effort to divide these inventions into different patent ‘families’ that have relationships not dissimilar to a regular human family. Companies that have a significant amount of intellectual property can form their own PLMs that will map their discoveries in relationship to each other. Furthermore, when a potential new discovery comes along, that company can decide whether or not to capitalize on it by adding it to their PLM. In addition to displaying a single company’s patents, a good PLM will also show the details of the patents owned by direct competitors. This will give the decision-maker a birds-eye view of the overall marketplace.

PLMs can be future predictors. A company that is interested in patenting a technology that extends light-bulb use may create a PLM that groups the patents of opposing companies together with their own patents. In the PLM, a number of things will be visible, including where companies – big and small – could capitalize the most by purchasing the rights to the new light bulb technology. The viewer will also see if an opposing company is close to coming up with the light bulb technology themselves.

Patent landscape mapping is a quantitative process. Over 50 different mathematical expressions are used to develop the average PLM. A patent map graphically displays individual patents in a geographic or topographic map representation. Each patent family is listed, along with points representing each patent. The fundamental differences between patent maps are related to what the map is to be used for. Some maps are specifically measure a particular group of patents’ importance. Other maps, which are more complex, take into account the time at which the patents were approved.

PLMs are usually based upon a simple database which lists patents, their effective dates, their importance and relativity to other patents. Due to the fact that the patent climate is always changing, those that develop PLM databases keep the data up-to-date. In addition to general information about a patent, the good PLM database will monitor legal disputes related to patents and their outcomes. Also, general market trends can be observed in a multi-faceted PLM that contains overall market revenue versus time.

There is a variety of companies and places that develop patent maps for clients. Over the past five years, many patent law firms have included the production of a patent map as part of their services. Consulting companies exist that are devoted to creating patent maps for the inventor. Software has been developed that create PLMs through a process of human-based computing. When deciding to go after that patent, you will find that having a patent map made for you by a qualified source will assist with your decision making.

Get the Confidence to Patent

There are things that all inventors have in common: an idea they’re passionate about, the resourcefulness to put it to life, and the organizational skills to put it on the market. These skills aren’t always easy to come by, but to the skeptical idea holder, they aren’t far out of reach. One may hear success stories about past inventors of the light bulb, the telephone and even the personal computer. All of these individuals made fortunes that can often not be fathomed by the average human being. Since fortunes aren’t often obtained, it’s rather simple to think that the average inventor won’t get very far. Since all inventions require a financial investment and a time investment, the easy notion is to think that there are better things to do with your time.

This just plain is not true. Although it is apparent that there are many walls to hit, getting your first patent can be a lifetime achievement. Think of the pride and sense of accomplishment you’ll feel if you convince the gurus of patent law – the US Patent and Trademark Office – that you, yourself created something that might be beneficial to the lives of people today and for years to come. When you visit a friend’s home, or even a stranger’s home, and you see your product in plain view, ready to use, you can enjoy the dignity of knowing that something you did make this person’s life better.

The best way to attack the job of coming up with a patentable idea is to be realistic. You may have conjured up a mixture of chemicals that cleans your bathroom better than any other product you have tried. You may have dreamt about a toy that you would have loved to play with as a child, but it still doesn’t exist. Or, you may have watched someone struggle with a machine for the umpteenth time, knowing in the back of your mind just how you would change the machine so that it worked better. All of these thoughts could be invention-related epiphanies, you just have to entertain the thoughts a bit longer than the few seconds you normally would. Therefore, to become an inventor, you must give yourself some credit for being momentarily innovative, and expand those moments to much longer periods of time.

You also have to have a tangible plan. Draw out a schedule and estimate just how much money and time this will cost you. If this novel idea of yours requires materials or time that you just can’t obtain, then it may be that you’ll have to reconsider whether to build on it or not. Also, be sure not to expect too much success at once. It’s very likely that the first time you put together your signature concoction, it won’t work. When Thomas Edison was developing the light bulb, he had to develop hundreds of different kinds of burnable filaments before he came up with the carbon-based filament found to be the longest lasting. Edison, in inventing the light bulb, did more than just light up our homes, he became an inspiration and an example for inventors everywhere, demonstrating persistence, dedication and flexibility.

Despite the fact that Edison was definitely a special case, many inventors have followed in his footsteps. Everywhere you look in your life you’ll find many items that have been patented. Think of each of those items growing from an idea just like yours, and you’ll have the confidence to go out there and make your idea part of history.

How to File a Patent Application

Haven’t you ever wondered why a light bulb appears over a cartoon’s head when they get an idea? Well it’s no coincidence that an idea and a light bulb are so closely related: the inventor of the light bulb, Thomas Edison, is probably one of the most famous idea makers in history. Well, he inspired a wave of invention that’s just getting bigger today. When an invention is made, though, there are many opportunities for the public to try to reproduce it and earn money by selling it. If you’re the inventor of a product, chances are, you don’t want that to happen. That’s why getting a patent is useful to the inventor. A patent will consider an invention to be the sole intellectual property of the inventor or anyone who may have purchased the idea from the inventor.

Patents are filed through a government organization called the US Patent and Trademark Office (USPTO). The USPTO has developed many rules and regulations to determine if an invention qualifies for a patent. They require that a formal application is filed before a patent is considered for an invention.

Unlike other government applications that may be familiar to the average American, this is no simple one-word-answer-oriented application. The application will ask the inventor to describe the application using the codes and regulations found in a number of documents, including the US Patent Classification System, the Manual of Patent Examining Procedures, the United States Code (title 35), and Rules of Practice in Patent Cases (37CFR). The USPTO offers guides for filling out a patent application and offers some limited live help.

The application will require a number of things, the most important of which are listed. First of all, it will ask for the background of the invention, particularly how and why it was generated. The purpose of the invention is important to list in this section. It will require you to elaborate how exactly the product works in a summary and a detailed description of the invention. The description must be concise and accurate and include instructions about how an average human not familiar with the invention characteristics would go about developing one of their own. The claims part of the application will be where you describe what exactly you want the patent to protect. The rules and regulations of the USPTO are to be used very carefully here, because any lawsuits related to your invention will revolve around the protections you describe here. Finally, if you are inventing a device, you’ll need to include drawings of the device. The drawings must be completed in india ink and must show every feature of the invention.

The above requirements are for a utility patent, which is what most inventions are. If you’re not creating a non-live physical entity, you will fill out an application for a utility patent. There are two other types of patents: a design patent and a plant patent. A design patent, which is granted to creative changes to an already existing object, requires a much more visual-oriented application. Rules require there to be drawings of the decorative changes made to the object and possibly photographs. Similar to the utility patent application, a claim must be made on the invention. Keep in mind that in this case, only one claim is allowed.

A plant patent is given to plants or seedlings that have either been discovered by an individual or genetically engineered. The application, in this case, is much more similar to the utility patent application. The background and description of the plant are described similar to the way a utility invention is, except biological terminology must be used. In addition, the inventor must be able to argue that the plant is stable and safe to propagate. Drawings of the plant can be included, but there is no need to illustrate the plant’s use.

The application must be turned into the USPTO in full with an application fee which varies based on the nature of the application. The USPTO website contains up-to-date fee schedules for inventors to review. Due to the complicated nature of the application, many people choose to have a patent attorney examine their application and suggest alterations. In any case, without a good patent application, you may not get a patent that recognizes your hard work.

What a Business Plan Can Do to a Patent

A patented invention – although very commonly obtained by large companies – can change an individual inventor’s life when it’s first obtained. Aside from the initial excitement and feeling of accomplishment that comes from a first patent, an invention can promise a new, potentially lucrative way to make money. An inventor can end his or her relationship with the patent immediately by selling the patent to an organization who can capitalize on the idea easily. This decision can reward the inventor with a very large, immediate bottom line. However, the inventor that wishes to build a company out of his invention could watch it turn into an empire.

Before the entrepreneurial inventor can watch his or her company grow, he or she has to put its foundation together, which is anchored largely by a business plan. A business plan will define what it is one is looking to sell, how he or she is going to sell it, pricing guidelines, marketability, and definitions of how the business will be structured. If you aren’t far from getting that patent and need to know what is in a business plan, continue reading.

Part One: The Executive Summary

This is the first section of your business plan and probably the most important. In this section, you will describe the fundamentals of your invention and how you plan to build a business around it. In addition to stating the purpose of your business, this is a place of summary, where you can outline the rest of your business plan so that it makes the presentation easier on readers. It’s likely that if you have successfully patented a novel item, then you will gather the interest of venture capitalists. They’ll be most intrigued when seeing this executive summary.

Part Two: The Marketing Plan

This part requires the creativity that you tapped when you first invented your product. You’ll need to answer questions here like “who will buy this product?” and “what strategies are necessary to lure a buyer in?” In addition to this, you’ll need to realistically define what you can expect when it comes to buyer turnout. The investment of money and time put in can equal the amount of revenue taken in, and this is probably the best place to estimate this. It’s very important that when you project these things, that you don’t overestimate. If you are actively seeking investors to take an interest in your product, they will be very actively disappointed if you don’t supply the revenue that you agreed to. This is also a place to exhibit some of your first advertising ideas. Since you know your invention probably better than anyone else, the roots of your advertising campaign should lead to you. In the future, you may want to tap other creative outlets – particularly experienced marketing personnel – but if you’ve got a great idea for letting people know how good your product is, this is the place to describe it.

Part Three: Financial Projections

Although you know you have a great product ready to be shown to the world, can you identify just how much money it’s going to bring in at first? This is never an easy question to answer. If you’re new to the business world, it’s best to contact a friend or colleague who knows about making projections like this so that they can help you do proper research. It has been said here before, but it bears repeating: be realistic. Venture capitalists will form better relationships with you if you do not overestimate too much. In addition, if you plan to market this product locally, nationally or internationally, do research about the associated regions; don’t get data that may misrepresent what’s the truth.

Part Four: Hiring Strategy

When it comes to selling your invention, you’re going to have costs. These include operational costs, material costs, and labor costs. This is the section where you estimate just what personnel you’re going to need to meet your goals. Most investors start small and work their way up. With repeated successes and the spreading name of the business, the size of the company will grow. Still, in the initial business plan, you must outline the most immediate staffing needs and not those that _could_ happen.

These are all part of a quality business plan that will entice any investor.

How to Patent a Microorganism

The title may sound absurd, but the practice of patenting a microorganism is done frequently in the science and food industry. In fact, food scientists have been patenting various strains of yeast for over 150 years, specifically for use in brewing and baking. Like any other invention, the microorganism created must follow all patent rules, including that it’s unique, useful, and that the holder of the patent is competent enough to make use of the invention.

If you’re a scientist who is familiar with microorganisms, finding a microorganism to patent is most likely going to be the hard part. Patentable microorganisms can be found in the natural world or they can be genetically engineered. The most important part of obtaining a patent is to a) find a way to isolate and grow the microorganisms and b) to find a practical application for it. You’ll also need to describe in your patent application how a scientist can reproduce your microorganism, which might be difficult to explain. If you are genetically altering a microorganism that’s known, describing the process to do this isn’t too difficult. However, if you’re introducing a brand new microorganism, the rules are different. What’s more is that you’ll need to send a sample of the microorganism to the International Depository Authority (IDA).

There are rules that you must follow if you plan to make a deposit. First of all, you must give the sample to the IDA prior to submitting your patent application. When you do send the deposit off, be sure to check the customs requirements for the country you are sending the sample to. Be extra sure that the sample is viable and stays that way: filing the patent could take extra time if the IDA receives a bad sample. In addition, some countries require that you add information about IDA’s sample tracking number on your patent application.

Once your deposit is filed with the IDA, it has specific protections. Each country’s rules about who can access or obtain information about the sample vary. Some require the individual or organization that’s looking to use details of the patent must have credentials that prove that he or she will be able to use it practically.

While the above may sound straightforward, the future of biotechnological patent law may require deposit rules to change. With genetic engineering becoming more ubiquitous and the advent of bioprocessing, IDA deposits are being done at a rapid rate. The regulations in Japan and in the United States are currently different from those in Europe, and efforts have been made in recent years to solidify an international method for depositing microorganisms. “The Budapest Treaty: Code of Practice for IDA” was developed in 1998 to attempt to clarify how IDAs should operate and handle different kinds of living samples for patents. Unfortunately, the efforts to make changes worldwide haven’t been completed yet.

In addition, if you live in a country that is not a part of the Budapest Treaty, you’ll need to find out what your own country’s rules are for making deposits. Not all countries are a part of the Treaty, including some countries with very active scientific industries, like Taiwan. More information about the Budapest Treaty can be reviewed at the World Intellectual Property Organization website. A guide for the inventor of a microorganism can also be found there.