What does it mean to Register Your Invention?
A statutory
invention registration is not a patent.
It has the defensive nature of a patent
but does not have the enforceable
attributes of a patent. In other words,
a person occasionally invents something
solely for personal use (not for
production or sale) and does not want to
go through the effort and expense of
obtaining a patent on the invention.
Subsequently, an inventor wants to
prevent someone else from later
obtaining a patent on a like invention.
In this situation, the inventor can
register a statutory invention and
forward to be published. Once it is
published, it cannot be claimed by any
other person.
About Provisional Patent Applications
A
Provisional Patent (Application) is the first step in protecting your design concept. It provides a means of submitting your
concept, in a very basic format, to the United States Patent & Trademark Office. It also provides the beginning steps of creating a documented trail of your intellectual property and your rights to it. Simply follow the step by step guide to filing a
provisional patent application in your
Marketing Guide and you'll be well on your way to protecting your
design concept.
US Patent Office Definition
According to US Patent law, a
provisional application is a type of federal application for
patent filed in the
United States Patent and Trademark Office (USPTO). This type of patent application does not mature into an actual issued patent unless further steps are taken by the applicant.
Provisional Patent Applications contain specifications (description/optional drawings) of the
invention, but do not require a formal
patent claims, inventors' oaths or declarations, or any information disclosure statement (IDS). Subsequently, because no
examination of the patentability of the application in view of the prior art is performed, the
USPTO fee for filing a provisional patent application is relatively low than the fee required to file a standard non-provisional patent application.
Provisional Patent Applications
can establish an early filing date in a continuing patent application later claiming the priority date of an
invention disclosed in earlier provisional applications by an inventor.
About
Patents
The purpose of a
patent is
to provide protection for technological advances (inventions). It provides an
award for the disclosure of the creation of something new as well as for the
further development, or refinement, of existing technologies. The aim of a
patent system is to encourage economic and technological
development by
rewarding intellectual creativity.
Costs
Costs for
patents vary depending on the field of
technology your design falls into and
the complexity of the
design. Average
costs to file and obtain a patent start
at around $10,000 and can rise
dramatically in some cases.
Advantage
The advantage of obtaining a
Patent is the protection it offers. For the
period of the patent the patent holder can
exclude others from producing, using, and selling the
invention claimed in the patent.
How long is the term
of a patent?
The term of
a patent is typically 20 years from the
date on which the application is filed.
Although it is no necessarily the same
for every country it is now provided by
international treaty that the term of a
patent has to be at least 20 years from
the filing date.
Disadvantage of a patents
The obvious
disadvantage of attempting to acquire a
Patent is the cost. Starting at around
$10,000, you are immediately at a
financial disadvantage before you've
spent any money on
product development
and marketing. Secondly, patent
applications are quite often rejected
and if not take a minimum of 2 years to
be fully processed. In the meanwhile
your patent
attorney will most likely be
incurring fees while your
product
concept sits on the sideline.
What is a Patentable
Invention?
In general, to be patentable, an invention must fulfill three criteria:
novelty, inventive step (or non-obviousness) and industrial
applicability. This means that the invention must be
new compared to the
state of the art on the filing date of the application, that it should
not be obvious to a person skilled in the art, in other words, it must
represent a sufficient advance in relation to the sate of art, and that
it should be applicable in the context of some commercial production.
The question whether a particular invention is
patentable or not is a
matter of national law. Patents may only issue to man-made
inventions.
In most patent systems, the mere discovery of materials or substances
already existing in nature is not considered to be an invention. A plant
discovered existing in nature, for example, would not be regarded as an
invention. Many patent systems also require that an
invention have a
technical nature, i.e. that it relates to the physical world. In this
respect, pure mathematical or physical formula, or pure software
algorithms would not be regarded as inventions.
About: Selling a Product Idea
A sale is
the activity involved in
selling
products or services in return for money or other
compensation. It is an act of completion of a commercial
activity.
A sale is
completed by the seller, the owner of the goods. It
starts with consent (or agreement) to an acquisition or
appropriation or request followed by the passing of
intellectual
property or ownership in the item and the
application and due settlement of a fixed price, the
obligation for which arises due to the seller required
to pass ownership, being a price the seller is happy to
part with ownership of or any claim to the item. The
purchaser, though a party to the sale, does not execute
the sale, only the seller does that. The sale completes
prior to the payment and gives rise to the obligation of
payment. If the seller completes the first two above
stages (selling product) of the sale prior to
settlement of the price the sale is still valid and
gives rise to an obligation to pay.
About:
Advertising Your Invention
Advertising
is a type of communication that commonly attempts to
persuade potential customers to purchase more of a
particular brands product or
service. Many advertisements are designed to
generate increased consumption of those products and
services by creating and reinforcing of brand
image and brand
loyalty. Advertising
sometimes has a persuasive message combined with factual
information. Major mediums used to deliver these
messages include television, radio, cinema, magazines,
newspapers, video games, the Internet and billboards.
Advertising is often placed by
advertising agencies on behalf of a
companies or other
organizations.
Advertising is seen on
the seats of
shopping carts, on the walls of an
airport walkway, on the sides of buses, in telephone
messages and in-store public address systems.
Advertising is often placed where audiences can easily
and frequently
access
visual,
audio and
printed information.
Some organizations spend large sums of money on advertising that
sells what is not, strictly speaking, a
product or
service include
political parties,
interest groups,
religious organizations, and
military recruiters.
Non-profit organizations are not typical advertising
clients, and may rely on free modes of persuasion, such
as
public service announcements.
So what should your
very first action be:
-Getting a
patent, perhaps?
-Going on a fact-finding mission to
manufacturers in China?
-Calling QVC?
While all these steps may be appropriate
down the line, it's critically important
that you first take action by shifting
your thought
process. I know what you're
thinking. Thinking doesn't seem very
actionable, does it? Maybe not, but over
the years, countless
inventors make
devastating mistakes based on false
beliefs and inaccurate assumptions.
For this reason debunking some common
myths associated with inventing is
important. Myths and misperceptions can
be debilitating to your progress and
costly to your pocket book. Although it
may not seem very "actionable," it's
vital to begin the
inventing process
with a realistic understanding of some
of the basics for bringing an
idea to
market.
The following are
among the most common myths:
Myth #1: The
first thing an
inventor
should do is get
a
patent.
Truth:
It's understandable why this is such a
commonly held belief. The topic of
getting a patent is so pervasive among
the inventing literature, conferences,
websites and tv commercials, it's no
wonder that many people feel they can't
move forward without getting a patent
first. Many
inventors spend 80 -100% of
their initial effort and money on
obtaining a patent because that is the
myth that's been sold and supported by
those who stand to profit from it.
Certainly a patent can be a valuable
tool later in the process, but you
should first determine the viability of
your
invention as a business before
moving forward. Remember that filing a
patent has little impact on a successful
product launch & cost $10,000 or more-so
unless getting a patent for its own sake
is your end goal, it doesn't usually
make good business sense to apply for a
patent first thing off the bat. Most
importantly- if you file a patent first,
then encounter overwhelming obstacles
later on, you may have invested in a
patent for nothing.
Myth #2: If I
tell people my idea, they'll steal it.
Truth:
The theft of a new invention idea is
actually very rare. A lot of sweat
equity goes into
developing an invention
and this is a big barrier to most
potential "thieves." That doesn't mean
ideas are never stolen. Keep in mind,
copying and competition are facts in any
business. However, once you have an
understanding of how much work goes into
taking an idea to
market, you'll
understand why most ideas are stolen
only after a product's proven
successful. It's like betting on a
horse. You're more likely to win by
betting on a horse with a winning record
than you are by backing an unproven long
shot. That being said, don't be
careless.
Myth #3: My idea is worth a million dollars!
Truth:
Earning a million dollars with an
invention is less likely than making
slightly lesser amount depending on the
depth of your invention. Study the
process, set realistic expectations,
take action, work hard and you can find
success, especially if you have more
than one marketable idea.
Why use the
Protomine Process?
The Protomine process
was created to offer an alternative to expensive
invention submission companies that offer so much
and produce so little. Do the research and we know
you'll see the difference.
What
does it cost to develop a product?
Manufacturers follow a complicated and costly
product development process called
product lifecycle management (plm). This approach
encompasses the complete lifecycle from
concept
design through
manufacturing and
disposal
of a product. The typical cost for product
development starts at around $100,000 for simple
concepts and rises dramatically for more complicated
concepts.
What
are they promising you?
Organizations such as invention
submission companies offer costly services promising
to develop your concept for $5-$20,000 (a fraction of
what it really costs) while delivering very little in
return and producing very
poor success rates.
The
Reality
Paying high prices to
outside companies to "develop"
or "patent"
your product is often unnecessary if you just want to
license
your
concept. Ultimately the distributor incurs the real
costs of development and in return offers a
licensing
contract. Your job is to present an appealing product
presentation and deliver it to the right people!
proprietary
process contains a complete checklist of items companies
want in order to make informed decisions on whether or
not to carry your product design. So forget about
expensive
invention submission companies and everyone else
trying to take your money and
do-it-yourself
About:
Assistance for
Your Invention
Protomine has created a platform
designed to give
inventors assistance in the
development
process. With our 3 step process new
idea
inventors can easily bring their concepts to life
without braking the bank. We know what it is like to be
offered assistance by large corporations only to be left
unsatisfied with the results. At Protomine you guide the
process so you get a product
you're happy with.
About:
Consulting for
Your Invention
A consultant is usually an
expert or a professional in a specific field and has a
wide knowledge and thus advice of the subject matter. Thus, clients have
access to deeper levels of expertise than would be
feasible for them to retain in-house, and to purchase
only as much service from the outside consultant as
desired. A consultant
usually works for a consultancy firm or is
self-employed, and engages with multiple and changing
clients. It is generally accepted
good corporate governance to hire consulting agents.
A consultant is a
professional who provides advice in a particular
area of expertise such as
accountancy, human resources, marketing, medicine,
finance, the
environment,
technology,
law, economics,
public affairs,
communication,
engineering,
sound system design,
graphic design, or
waste management.
Interest
in obtaining licensing for your Invention?
The purpose of
licensing
is to grant another
individual,
company or
corporation the right to
use your
intellectual
property for a specific
amount of time and for a
specific purpose. The
specifics are outlined
in the terms of the
agreement.
A licensor may grant licensing under
"intellectual property"
to do something (such as
copy software or use a
patented invention)
without fear of a claim
of
intellectual property
infringement brought by
the
licensor.
A license under
intellectual property
usually has several
parts including a term,
territory, renewal, as
well as other
limitations deemed vital
to the
licensor and
licensee.
Many licenses are valid for a particular length of time protecting the licensor should the value of a
licensing agreement
increase, or market
conditions change.
So Easy
Anyone Can Do It!!
Questions?
Can't find the answers?
Don't worry about it.
Call us for help.
1(877)897-8804
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