The patent system added the fuel of interest to the fire of genius.
Abraham Lincoln, 1859

Home ] Getting Started ] Sample Agreement ] Engineering ] Patents ] [ Invention Facts ] Agent Bio ] Agent vs Attorney ] Publications ] Fees ]

IMPORTANT INVENTION FACTS

bulletStatutory Bars can prevent you from getting a patent. The most common are:

1. The One Year Novelty Rule: You must file your patent application within one year of the first public exposure of your invention. Public exposure includes selling or even offering to sell your invention in public or secret, publishing an article about your invention, and using or displaying your invention in public.

2. If you plan to file foreign applications, do not expose your invention publicly until your U.S. application is filed. You must file foreign applications in Convention countries within one year of filing your U.S. application.

bulletDo not use the patent services of any firm that will not give you the USPTO Registration Number of its principal or owner. Do not use the patent services of any patent practitioner who will not give you his or her USPTO Registration Number. Check out those numbers by calling the Office of Enrollment and Discipline of the USPTO at (703) 308-5316 X17 or search their web site at: http://www.uspto.gov/web/offices/dcom/olia/oed/roster/

bulletBe especially wary of dealing with invention marketing companies. The National Inventor Fraud Center provides the best information at http://www.inventorfraud.com/

bulletAlways ask a prospective patent practitioner for the names and phone numbers of several happy clients. Call those clients, and see if they are happy.

bulletLook for a practitioner who will help you explore ways to broaden your patent coverage through additional embodiments and improvements.

bulletKeep in mind that the first person to file a patent application on an invention has a big advantage over anyone else with the same invention who files later. The later filer must prove with clear and convincing evidence not only that he is the first inventor but also that he was diligent in reducing his invention to practice. This is a heavy legal burden. Be first to file!

bulletConsider utilizing the new Provisional Patent Application. Careful planning can now push out the expiration date of your patent by almost two years.
 http://www.uspto.gov/web/offices/pac/provapp.htm 
Wilson Presentation.pdf

bulletRemember your duty to disclose. Make a full disclosure of all pertinent prior art you are aware of. Promptly inform your patent practitioner about any further prior art or any other material facts about your invention of which you become aware. Breach of this duty will invalidate the patent.

bulletNew matter can never be added to a patent application after it has been filed. Be very sure that you have informed your patent practitioner of the best mode of making and using your invention and about any preferred materials.

bulletBegin marketing your invention as soon as your patent application is filed. Favor smaller local companies who make and sell items similar to yours. If you want your invention to be successful, pursue commercial exploitation with all the energy and time you can muster.

bulletBefore signing any document, read, understand, and agree with it fully. After signing it, make a copy of it, and keep it in a safe place.

bulletAlways have a Novelty Search performed before having a patent application prepared. Novelty Searches sometimes turn up prior art that you must avoid.

bulletBeware of "Inventor's Paranoia". Many good inventions never saw the light of day because the inventor was afraid to tell anyone about it.

bulletAfter inventing something, prepare a document which tells how to make and use your invention, and have two trusted friends sign it after they understand it. This is the best way to establish the date of conception of your invention.

bulletDo not show or describe your invention to anyone before a patent has been applied for, unless they have first signed a non-disclosure agreement.

bulletBe aware of the fact that picking the right name for your invention is sometimes almost as important as getting the patent in the first place.
 

Send mail to kirkawilson@earthlink.net with questions or comments about this website.
Copyright © 2001 Wilson Enterprises
Last Modified: January 26, 2008
Visitor No. Hit Counter