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Do You Need a Patent?

Karin Elkemare

Yes, you do, if you've invented something that you want to keep safe and prevent from being stolen. Patents are like locks that keep your ideas from being taken away from you unfairly. They are like a security device for intellectual property. Patents are similar to other protective items like copyrights (which apply to creative endeavors like books and lyrics) and trademarks (which apply to logos and brand names).

You should consider taking out a patent if you've invented something that others might find desirable. A good rule of thumb is that if an idea stands to make you money, it needs a patent. Of course, you can also patent items that don't seem to have a market niche. But many inventors patent as a matter of course, whenever they have a potential money-maker on their hands (Thomas Edison is one prime example).

When you apply for a patent, a government agency known as the United States Patent and Trademark Office (USPTO for short) will review and process your application. The whole process may be confusing, and patent attorneys specialize in carrying out all the detailed work for an inventor.

For almost one hundred years from 1790, US patents need to be accompanied by a one foot high working model. Luckily this requirements no longer exists, and a good description on paper is all you need. This can prove quite difficult, but without it you cannot get a patent. It is one of the essential elements of a patentable idea, called Reduced to Practice by the US patents office (this just means that it can be written down).

If you want to get a patent approved, your idea has to be new--or a "novel idea," as the U.S. Patent Office calls it. If your idea has already been patented, it will be called "prior art."

It is perfectly possible to think up something, or invent it, only to find someone had done it before. You may have had the original thought, but someone got their before you! In fact this is quite common in the history of ideas - the theory of evolution, the motion of the planets, the theory of perspective in art are just a few examples of ideas that have been independently achieved by different human beings.

Before you start the application process, check to make sure you have a "novel idea." Consult the USPTO website, which features database of patented items: http://www.uspto.gov/patft/index.html. It's free! If you live outside the U.S., you should try to find the database for your country.

In order to be approved, an idea doesn't just need to be new, however; it also needs to be practical (and that's not the same as being lucrative!). Moreover, very obvious ideas will not be approved for a patent. The rule is that if your idea is something a skilled professional within the relevant industry would already know about, it cannot be granted a patent.

In Europe and Japan, if two patents for the same idea are placed at about the same time the patent goes to the first person who placed the patent. In the US however the patent will go to the first person to invent the thing.

Make sure you document your inventions by writing them down in a journal or logbook, but keep it legally acceptable (don't tear out pages or use a binder, which would make it impossible to prove the date on which you came up with a particular idea).

About the Author:

Karin Elkemare is a patent lawyer with global experience. Through her site Fiber Patents, she helps people protect their ideas and inventions. If you need patent advice pay a visit to http://www.fiberpatents.com

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