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A Patent gives the inventor the right
to exclude others from making, using, or selling the invention
within the U.S., its territories and possessions. A patent can
be obtained on any "new, useful process, machine, or composition
of matter, or any new and useful improvement thereof." The
rights to a U.S. patent are granted for a term of 20 years from
the filing date (14 years from the issue date for design patents).
After the term expires, you no longer retain the exclusive right
to the invention and it enters the public domain.
The three criteria for patentability are utility, novelty, and
non-obviousness. Utility means that your invention must be useful
(i.e. it must do something non-frivolous and must work according
to its stated purpose). Novelty means that your invention is
new or that you are the first and original inventor. There are
three factors that you may need to think about to determine the
novelty of your invention: (1) other individuals must not have
known about the invention and it must not have been placed in
public use in the United States before you invented it; (2) others
must not have already patented or described the invention in
a printed publication anywhere in the world more than one year
before the filing of your application; and, (3) your invention
must be non-obvious. In other words, your invention must not
be obvious to a person with ordinary skill in field of technology
of the particular invention.
Design Patent vs. Utility Patent
A design patent protects the
configuration or shape of an invention and is specifically created
to protect ornamental features. The life of a design patent is
14 years and it costs considerably less than a utility patent.
Ordinarily, when people discuss patents they are referring to
utility patents. A utility patent is used for the protection
of a process, machine, article of manufacture, or composition
of matter. The life of a utility patent begins upon grant of
the patent and ends 20 years from the filing date of the application.
The Patent and Trademark Office requires that the owner of a
patent pay "Maintenance Fees," which are due at 3 ½,
7½, and 11 ½ years in the life of a patent for
utility patents to keep the patent from expiring. You can ask
George Williamson to explain which patent is right for you.
Provisional Patent Application.
A provisional application is a new type of patent application
which has been recently created by the GATT legislation, which
is designed to be a simple and inexpensive application that will
not be examined except for certain formal requirements. The provisional
application provides a method by which applicants can quickly
establish an early effective filing date in a patent application
and gives an inventor up to 12 months to further develop an invention,
determine marketability, acquire funding or capital, seek licensing,
etc. before filing a full application. A provisional application
cannot mature into a patent, so a full application must be filed
within 12 months of the provisional filing date to preserve the
original filing date. You can ask George Williamson discuss provisional
applications with you to see if such an application is right
for your needs.
Beware of Invention Development
Companies.
There are many fraudulent "invention
development" companies in the market. These companies advertise
widely in phone books, magazines, and television. Each year thousands
of victimized inventors report their dissatisfaction with many
of these
companies who charge up-front fees and promise results that are
not realistic. Many manufacturers or potential licensees give
no credibility to many of these companies. Be wary of companies
that charge up-front "marketing fees" to help promote
your
invention. Very few, if any, inventors ever make any money by
dealing with these type companies. George Williamson offers honest
and straight forward assistance to inventors in placing, marketing,
and licensing their inventions.
Disclosing/Marketing Invention Without
A Patent.
Confidentiality is an inventor's
best friend. Pre-patent disclosures are risky because no patent
protection is available until a patent is issued by the Patent
Office. Any public disclosure, publication, or offer for sale
of your invention more than one year before a patent application
is filed may prevent the issuance of a patent. Any sale of the
invention, publication, or disclosure of the invention before
a United States patent application is filed will destroy the
possibility of obtaining foreign patent protection in most foreign
countries.
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