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Protect Your Rights
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In America, you have one year from the public disclosure of your innovation in which to file a patent application.
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If you can objectively verify that your innovation is unique,
patentable, and likely has commercial value, then you have to decide what to
do to build value in it. Chances are good that it needs a lot of development
work. If you can perform this work on your own, do it. But if you don't have
the equipment or facilities or know-how or money, then you're going to have
to find them.
When searching for these resources, you're always going to be asked why you
need them, which means having to divulge something about your innovation. The
more resource you need, the more you'll be asked to reveal. But be careful
here, not so much out of fear someone will steal the idea—something that
can happen at any time—but rather, to avoid disclosing your innovation.
Confidentiality Tools
Below are several ways to protect your idea as it is being developed:
- Document your work
Mailing yourself a copy of your invention documents and keeping it unopened
does not work! Use an innovation logbook with bound pages—make
sure the pages are numbered, dated, and non-removable. Make sure you record
everything related to the development of your innovation and have it notarized
regularly (not by family or friends).
- Use non-disclosure agreements
(NDA)
- Document disclosure
The USPTO can hold records of an innovation in progress for up to two years.
This process is not the same as obtaining a patent—it merely documents a
date of ownership of an idea, but does not protect the idea itself. It can
be used as part of a pre-patent process, establishing proof of an historical
claim to an idea.
- Develop prototypes
Prototypes are not necessary for patenting, but they do provide a history
of the development of an idea and can be useful for helping the innovator
see how an idea works and how to improve on it. Moreover, working models
of an idea can assist in successful commercialization endeavors.
Patent Options
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Understanding Patents
Having a patent does not actually protect your innovation, nor does the government enforce your patent rights. All a patent does is give you the right to prevent others from infringing on what is rightfully yours. Enforcing this right can be a long and costly endeavor, but the alternative—not protecting the technology—leaves you without any rights at all.
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Eventually, you'll want to protect your innovation by patenting it through
the USPTO. There are several types of patents
available from the USPTO, listed below. NOTE: If
you're also considering international patents, understand that filing an
application for a U.S. patent may eliminate your ability to later obtain
patents on your innovation in other countries. Your best chance of avoiding
this pitfall is to work with a reputable patent professional.
- Provisional patents
These patents are relatively inexpensive ($80) and can be considered
the first step taken towards patenting an innovation. To obtain one,
submit a provisional patent application (PPA); if awarded, the provisional
patent is valuable for one year and gives 'patent-pending' status.
Note that a provisional patent does not guarantee patent, but does offer
proof of priority rights to an innovation. Also understand that defending
against patent infringement requires patent proof, and 'patent-pending'
status doesn't guarantee protection.
- Design patents
A design patent is generally considered the easiest and cheapest patent
to obtain. The design patent is limited in nature, and is usually
restricted to ornamental characteristics of an object. Because of this,
a design patent is also the most difficult to protect, as small changes
in ornamentation could be considered a new, different patent. The design
patent is good for 14 years.
- Utility patents
A utility patent is the standard, most common patent. It provides the
greatest IP protection. Utility patents are used for patenting a
machine or process, not an appearance (this would be a design patent).
Utility patents are good for twenty years.
- International patents
There is no such thing as an international patent! You can, however,
patent your innovation in other countries. You must do this if you
wish to have patent protection in another country. The procedure
is generally standardized for those countries that participate in the
Patent Cooperation Treaty (PCT).
Patents generally take from one to three years to "issue" (be granted),
depending on a variety of factors; some have taken much longer.
Make sure you're aware of the measure of intellectual protection
afforded by each type of patent. Patent attorneys
and patent agents can assist the
innovator in negotiating the lengthy and complicated process of
patent application.
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