How do I get started on the Patent Process?
Despite all the information I have provided on my web page (or
perhaps because of it) I still get phone calls from solo inventors asking, “How
do I get started on the Patent Process?
What should I do first?”
While the answer may not be the same for every inventor, here is a
list of steps I would take in getting started on the Patent Process:
1. DOCUMENT YOUR
INVENTION: This is critically
important and something that you can and should do yourself. Download our INVENTION
DISCLOSURE FORM and complete it as best possible. This document evidences your date of conception and is also
helpful to your attorney in doing a search and/or preparing the Patent
Application. Read the following
articles: POOR MAN’S
PATENT and I
CAN’T AFFORD A PATENT which will help you understand the reasons why documenting
your invention is important – and help you understand the criticality of bar
dates!
2. DECIDE WHETHER TO
PROCEED FURTHER: Read my article
on INVENTION
SCAMS to understand why the idea that you will make millions from your
Patent is a MYTH. See also my FAQ
(Frequently Asked Questions). I
cannot decide for you whether to get a Patent or not. That is a BUSINESS decision, not a LEGAL one. My only advice is to think
carefully. Inventions require
nurturing, and while the inventing process can be expensive, throwing money at
an invention (or at me) will probably not make you wealthy. Read my INFORMATION
FOR SOLO INVENTORS page for further information.
3. GET A PRICE QUOTE: I have sample price quotes on PRICE
QUOTE PAGE. I would be happy
to provide you with a customized price quote based upon your INVENTION
DISCLOSURE (See #1 above). This
PRICE QUOTE will help you understand the overall costs of the process from
start to finish. Review my PATENT
PROCESS FLOW CHART. The Patenting
process is fairly long and complex – as much as 3-5 years! Weigh the overall costs versus the
perceived benefits of having a Patent and then make a sound business decision.
4. DO A SEARCH: You can perform your own on-line search
using my instructions HERE. Or, I can perform a search for you for
$500 plus expenses (photocopying, parking, postage, etc.). A Prior Art search will help you decide
whether it is worth pursuing the invention or a Patent.
5. FILE AN
APPLICATION: If you are still not
dissuaded, file at least a Provisional Patent Application within one year of
the date of first use, sale, offer for sale, or publication of your invention,
or before any of these events if you want to preserve your foreign filing
rights. Feel free to “shop around”
my price quote (but beware, get it in WRITING if you go with another attorney!) Inventor’s Digest is a great
resource for solo inventors and contains many listings of Patent Attorneys and
Agents (including myself). By the
way, subscribe to Inventor’s Digest while you are at it!
6. DEVELOP AND PROMOTE
YOUR INVENTION: You need not “wait”
for your Patent to issue to develop and promote your invention. If you do, you’ll have a long
wait. “Paper” inventions are
rarely worth anything other than as the basis for nuisance suits. A working prototype is much easier to
sell than an abstract idea. Doing
your marketing groundwork now will pay off when the Patent issues.
This is by no means an exhaustive list of “what to do” but merely a
general guideline to follow.
But PLEASE, review the materials on my website before calling or
e-mailing. While I don’t mind
writing and prosecuting applications for solo inventors, it is not a highly
profitable enterprise, and it can be very time-consuming if I have to answer
the same questions over and over.
I am particularly irked by people who fail to take the time to READ and
EDUCATE themselves. I’m sorry, but
I must refuse representation, or even contact with an inventor who immediately
e-mails me with basic questions on Patent Process that are answered here. Ditto for form e-mails or letters.
And finally, please no CRACKPOT
inventors. You know who you are!
