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