What is a patent?
It is the exclusive right to use an idea for a design, process, or invention, granted by the U.S. government Patent Office. Legally this makes your right exclusive in all countries. Patents don't cover writing, films, recordings, or art; those are protected by copyright. Nor do patents cover business names or names of products and services; those are protected by trademark laws.
What can you patent?
It's not just widgets. An amazing range of ideas can be patented under either design patents, process patents, or invention patents. Some years ago a woman at the Arlington patent office told me I couldn't patent a ketchup recipe, because you can't patent foods. Then she laughed and said, "But what do I know? I've seen people patent thousands of things that can't be patented!"
Many lawyers told the inventor of the spreadsheet that "spreadsheets can't be patented." Seven years later another lawyer proved them wrong. If your idea has big potential, don't stop at the first obstacle.
Don't be naive.
Big companies steal patents every day of the week, including Sunday. Where do they steal them from? Why, often right out of the "patent pending" files at the patent office. When you call them up, they tell you to go to hell. This is why some electronics inventors don't file a patent at all. They show prospects a "black box" and what it will do, then negotiate from there.
Someone who invents a new airplane may not have that protection. The buyers want to see the plans, or see it fly. If you can't go the black box route, then be sure to have your ducks lined up beforehand. Try to have a package that the buyer would have trouble duplicating, of marketing ideas, endorsements, customer lists, etc.
Or if it's a simple product patent, make the jump to making it yourself. If you don't have the money, venture capitalists are one possibility. They may be ruthless, but they usually don't steal patent ideas.
Likewise be aware that some countries don't enforce patent infringement cases.
In any case, be aware that the inventing business is also the lawsuit business. The most prolific inventors spend as much as 1/3 of their time in court.
Checking competitive patents.
Read the patent numbers on similar products (often found right on the shelf of a local store), then branch out through the patent files.
Where to do patent research.
At the patent offices in Arlington, Virginia (a suburb of Washington, DC), and Menlo Park, in Northern California.
University libraries all over the U.S. also have minature patent libraries. They're inadequate, and they'll drive you crazy. If you want to research it yourself, go to Arlington or Menlo Park.
Where to find patent help.
You can check the search engines or your local phone book. The biggest choice may be at the nearest big library, found in the telephone books for Arlington and Menlo Park.
A patent lawyer is the last person you hire. Start with patent engineers, then network through the engineers to a patent lawyer. Lawyers are best used at the end, for "making the claims."
Do yourself a big favor and read Patent It Yourself (6th Edition) by David Pressman from Amazon.com. It's complete, up-to-date, and understandable.
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