About Invention Ideas & Patents
People looking to profit from an invention idea will definitely want to protect their work. A patent is an official document. The document spells out ownership terms, listing the length of ownership, and provides exclusive rights for the manufacture, use and sale of an invention. Also listed is a comprehensive description of the item that includes the date of creation. Once a patent is obtained, products can either be licensed for manufacture, or marketed as a business. The United States patent office administers this process to protect the intellectual property rights of inventors, and promote innovative pursuits.- The United States Patent and Trademark Office lists three criteria that must be met in order for a patent application to be approved. The item must serve a useful purpose, and function as described. It has to be a new idea, which means no publications describing your product can exist prior to the date of filing. The third criteria requires an invention to hold a certain degree of uniqueness that sets it apart from other ideas.
In addition to criteria requirements, regulations also exist as to when a patent can be filed. Applications have to be filed within one year of public disclosure. What this means is any discussions had with others regarding the idea, or sale offerings are considered public disclosure. Applications must be filed within a year of any public knowledge of the invention.
The patent filing process can be handled in one of three ways--through a patent attorney, through a patent agent, or you can do it yourself. Going through an attorney can be costly, with fees running anywhere between $8,000 and $10,000. Most attorneys don't require the total amount up front, and only charge when fees come due during the application process. Patent agents charge considerably less than attorneys. The only difference is patent agents can't represent you in court, if needed. However, agents are just as qualified as attorneys to file the application for you. Going the do-it-yourself route can be done using patent writing software, or you can write and file the application yourself.- There are three different types of patents used to protect invention ideas. If an invention is fully developed and operational, a utility patent will protect the functional idea, and its design. If only the design itself is completed, and you wish to protect the idea, a design patent application should be filed. Written works, whether they be musical, artistic or literary are protected through a copyright.
It's not uncommon for two people to have the same idea at the same time. In cases when two invention ideas are submitted at the same time, whoever can best prove that their idea was developed first will be awarded ownership of the invention. Keeping an inventor's journal can serve as a legal document that proves when your idea was developed should this situation arise. Every developmental detail involved with your idea should be included in the journal, as well as signatures and dates from witnesses who can account for these developmental stages. To stand as a legal document, every space and line within the journal must be filled in, with no erasures. These are all strict requirements put in place by the U.S. Patent Office to ensure the legality of the work.
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