| If you've created something unique and | | | | the PTO with the name or names of experts who |
| something you believe to be marketable the | | | | have attested to the usefulness and unique |
| subject of patents should be of immense | | | | nature of your creation. |
| interest to you. Without a patent your idea | | | | |
| could be stolen from you. With a patent in | | | | This is where you must be careful. Sharing |
| place the concept, and its financial rewards, | | | | your idea prior to its patent could result in |
| are yours for a minimum of 17 and a maximum | | | | its theft if you don't take precautions. |
| of 20 years. | | | | Besides carefully studying the credibility |
| | | | and ethics of those from whom you seek a |
| Does your new product qualify for a patent, | | | | professional opinion of your new idea or |
| however? To determine this you'll need to not | | | | product, you'll also want to carefully |
| only prove its uniqueness but to also make | | | | document your step-by-step creation - from |
| sure it's not disqualified for category. | | | | original concept to completion. |
| | | | |
| In the United States, for example, the | | | | Purchase a notebook. It doesn't need to be |
| issuing federal agency is the U.S. Patent and | | | | anything fancy - just a diary sort of concept |
| Trademark Office. This agency offers utility | | | | that notes each and every move made and every |
| patents, the most common form of patent, on | | | | idea generated that helped to bring your |
| brand new designs that can prove usefulness. | | | | concept and product to fruition. While in |
| They can even patent new varieties of foliage | | | | this day and age you're probably more prone |
| such as plants. | | | | to use a word processing system to do so (and |
| | | | that's a great idea for backup since you can |
| What cannot be patented, however, are new | | | | not only keep it on your hard drive but save |
| pharmaceuticals that are determined to be | | | | it to CD, DVD or disk) you'll first want to |
| unsafe, nuclear weapons, phenomena | | | | record these steps, in your own handwriting, |
| theoretical in nature, inventions that aren't | | | | in your notebook. Make sure you date each |
| operable, non-operational changes such as | | | | step as well. |
| aesthetic improvements, inventions whose | | | | |
| primary purpose would be seen as illegal, and | | | | The process for earning a patent from initial |
| those considered by the patent office as | | | | application averages two years. However, |
| "whimsical," i.e., serving no serious | | | | while that process is pending you will still |
| purpose. As of this writing the patent office | | | | have proof that you're the inventor by |
| also refuses "immoral" patents, but a change | | | | showing the PTO documentation of application |
| is in the offing that will eliminate this | | | | number and official date of filing. If |
| category from patent refusal. | | | | applying online, you'll have this information |
| | | | in minutes. If you apply by mail, the |
| One of the criteria used by the US PTO to | | | | documentation should arrive within eight |
| determine uniqueness and thus eligibility for | | | | weeks. |
| a patent is whether someone who is considered | | | | |
| an expert in the field in which you're | | | | Once you've received your patent, you'll have |
| introducing a new product would consider the | | | | protected your new product or idea from |
| product not only useful but also unique. You | | | | infringement. What this means is that were |
| will, therefore, delay your application for a | | | | anyone to try to claim it as their own, or to |
| patent until you've determined that the | | | | duplicate it and use or sell that |
| answer to this is yes. You'll want to provide | | | | duplication, you could sue for damages. |