subject: General Patent Information For New Inventors [print this page] The concept of patents is popular and applicable not only in the US, but around the world too. We live in the age of intellectual property rights where patents play an important role in protecting new and innovative inventions. The protection of these inventions and exclusive innovations is required from the point of view of encouraging innovations. They prevent others from stealing the innovation and selling or manufacturing as their own. Patents are said by some to prevent the free flow of information as well as hinder and inhibit competition, and are allowed for a period of 20 years from the filing of the patent with competent authorities. This is more for the protection of the inventor, than a restriction of the free market.
Patents are not the only defense, but they are a vital one to innovative startups that must survive in a real world. In business, as in the jungle, respect is given only to those who can protect themselves. Patents are an important source of technological intelligence that companies can use to gain strategic advantage. New software can be used for gathering, analyzing, forecasting, and managing external technology related information, including patent information. Although a preliminary patent search is suggested, before filing a patent attorney will want to do an independent search before proceeding.
There are some specific requirements of patents. For one, it has to be proved that the invention is indeed unique and is not an insignificant improvement over what existed earlier. Individual governments give patents to help the innovator and also society. These patents help the innovator produce their invention on mass scale without fearing undue competition. These patents help to deter free riders and idea thieves who might steal the product innovation without spending on R&D or making any effort.
Ideally, a patent application should be made before the invention is disclosed to the public. Once the invention is made public, you lose the opportunity to file for patent protection in most foreign countries. Ideas cannot be patented. However, you can file a Disclosure Document -- a witnessed and notarized description and sketch of your invention -- which the USPTO holds for two years.
It is also possible to find patents for business processes. These are used for chemical formulas, inventions and other discoveries. Earlier, business method patents considered non patentable as they are rather abstract in nature and not in physical form, as such. As of now business method patents are not under question, but there are certain criteria and algorithms in the realm of patentable subject matter.
Design patents are a useful tool to protect innovative designs in computer equipment and peripherals. New, original commercial designs for products can be protected relatively inexpensively, thereby preventing a competitor from making a product which looks identical to an existing product. Design patents only cover an item's look or form. Design patents do NOT protect an idea or an invention, but rather only protect ornamental design of exactly what is pictured. This means that they are weaker than a utility patent, but because they are VERY easy to get you should consider them to round out your portfolio.
by: Juliet D'anjer
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