Tips to Speed Up the Patent Process
"File early" is the phrase for today's inventor seeking to patent his or her product or process.
Intangible though it all may seem, patenting is still the foundation of modern industry. The technical definition of a patent is the granting of a property right to the inventor through the U.S. Patent and Trademark Office (USPTO). The term for a new patent is about 20 years from the application date.
Before an inventor even gets to this point, he or she has to ask some hard questions:
- What can be patented?
- Can I apply for one?
- What is in the patent application?
- What specs, drawings and models will I need for it?
1. Determine that your idea is not one of the following: law of nature, physical phenomena or abstract idea. For example, you can't patent math, bananas or rain.
2. Is your invention really going to be of some use to your industry? "Useful" means that the invention has a purpose. If you're going to the time and effort to piece a new concept machine together, make sure that someone has a need for it.
3. Is your invention novel? Has anyone else known, used, patented or described in a printed publication the invention before you did - whether it is in the U.S. or abroad? If so, you're probably not eligible. The last thing you want to do is waste time and money on an invention that simply won't be viable.
4. The invention must be a significant development. You're allowed to invent another mousetrap - but only if it's a better one. Also, when making your claim, use clear language. You can't get a patent simply with a mere idea or suggestion; you need to be able to describe all of the aspects of your invention. Remember that only you - the inventor - can apply for the patent. Of course, there are exceptions - if the inventor is dead, insane, refuses to file or is under contract with others.
Conduct a Search
Before applying, it's a good idea to first conduct a patent search.
Delphion, Inc. (Lisle, IL) - a spinoff of IBM Corp. - has an Internet
database in which you can type in a key word and see if there is a
patent connected to it. When the information pops up, it includes the
name of the patent holder, a brief description of the invention and
complete text with illustrations. Delphion acts as an industry library,
archiving a variety of industry research in addition to original patent
documents. The idea for the database came from IBM's realization that
there was a huge industry surrounding the acquisition of intellectual
property information. Twenty percent of all patents granted have been
done within the last 10 years.
"In the late 1990s, IBM identified a need in the market for easy, Web-based access to patent information," says Rich Dobinski, PR for IBM. "The venture was so successful that it spun out the business into what it is now - Delphion, Inc. We continue to provide a patent research service that enables people at all levels of patent research expertise to easily find relevant patents from around the world."
Use Virtual Prototyping for Your Patent
After January 1, 2006, the U.S. Patent and Trademark Office (USPTO) has
mandated that all patent applications must be submitted in electronic
format. While the USPTO will continue accepting .pdf formats, after
2006 only .xml, word text and .tif graphics files will be accepted. An
essential tool for those licensing future inventions will be virtual
prototyping.
While the meaning of virtual prototyping probably needs a paragraph of definitions for most people, there are four uses for virtual prototyping for those seeking a patent:
- Proof of its function - This is often accomplished with crude prototypes and should never really be shown outside of the inventor's immediate circle of confidants.
- PImaging - Accomplished through either conventional or digital photography of a mock-up, a physical prototype or with virtual prototyping.
- Enlisting support - With new product releases that include photographs, videotapes or compact discs.
- Presentation - A sophisticated virtual prototype may show the invention in action; it may rotate, disassemble and show the product performing its intended function.
Several software companies are creating virtual prototype tools for inventors preparing patent applications. One company, NBKJ LLC, Inc. (Cary, NC) - a software designer - is already marketing software for those seeking patents. IP-Docs is a CAD solution specifically for patent drawings and documentation. The system consists of a set of commands that can be integrated into Autodesk's AutoCAD 2002 and Inventor 5.0 software systems. IP-Docs allows users the choice of either putting their patents on paper, saving them electronically, or burning them onto a CD.
"With the IP-Docs database, the user gets concurrent engineering and documentation," says Norman Maarschalkerweerd, president of NBKJ LLC, Inc. "When creating inventions there are many changes that can go into them. With our system, if an inventor makes a change to one drawing or spec, it automatically carries over into other drawings automatically - putting everything into one electronic file maximizes the security for your invention."
Patents are important not only to high tech players like IBM but also to many companies that conduct business online, like IP-Docs. The importance of understanding the role of patents and the patent application process cannot be overemphasized. The words used in an application to describe a patent should be chosen very carefully. Not only do the words set the boundaries of the patent, but they also become a public record that can be used in various ways.
As was discussed in this article earlier, a patent grants its owner the right to exclude others from profiting from his or her invention. Because the patent application process involves several written exchanges between the patent applicant and the examiner at the USPTO, everything put in writing by the inventor during the application process only helps his or her case for a patent later on.
"One of the biggest things in the corporate world right now is how to handle intellectual property," says Maarschalkerweerd. "For us in the technology field, patents are simply a fact of life that are in dire need of streamlining, cost-saving solutions."
For more information contact Norman Maarschalkerweerd of IP-Docs, Inc. (Cary, NC) at (919) 858-8085 or Rich Dobinski of Delphion, Inc. (Lisle, IL) at (630) 799-0630.
