A Primer on the Patent Process

The patent process starts with knowledge of just what can be patented and an understanding of the obstacles along the way. First, it is important that you know that you that you can not receive an invention patent for an idea. All inventors have great ideas, but that idea must be developed into an actual invention that fulfills the criteria of the invention patent office.
 
All inventions start out as an idea, but this is only a critical first step in the invention process.
You need an action plan that will transform that idea into a viable invention. This step of the patent process is known as conception. In the US, according to the letter of the law, the first person to invent is given the exclusive rights on the invention. In the patent process, what this means if you get a great idea or concept, you need to act quickly.
 
Another initial part of the patent process is documentation to establish a time line that proves your idea and action plan. You may have to prove that you are working on your invention in a timely manner. As such, you will need documentation such as receipts from retail outlets for the materials you bought to develop your idea.  One of the most essential things an inventor can do is to maintain an invention notebook. The notebook can be a daily diary of our thoughts and activities as you develop your idea into an invention.
 
Once you have your idea and your action plan, your next step in the patent process is to establish “a reduction to practice.” This is a legal term which simply means that you can specifically describe your invention so that a competent technician could understand your explanation … actually build your invention … and use it to accomplish its intended purpose.
 
It should be noted that you do not need to have a prototype constructed to receive an invention patent. However, the more complex your invention the more detailed your description should be. Plus, the more specific your description and explanation of your invention, the better it will be for you to prepare a patent application.
 
Many inventors seek patent assistance by hiring a patent attorney to review the patent application. In all honesty, this will make the application process more convenience but at a price. For their services, a typical patent attorney will bill you several thousands of dollars. Should you make an error in preparing your own patent application, it will be returned to you for revisions, which will slow down the patent process.
 
In legal terms, anyone who creates a product has protection under US federal law. Meaning no one else can copy or reproduce that product for the initial one year period even without an invention patent. So, you need to establish an invention patent within that twelve-month timeframe.
If you have an invention with true market potential, then you would want to obtain an invention patent before marketing your invention or licensing your idea. With an invention patent you don’t have to be concerned with proving proof of ownership. An approved invention patent will give legal protection for twenty-years.
Getting an invention patent just may be the best decision an inventor can make. And, as most inventors are looking to market their ideas, obtaining an invention patent is also an excellent business decision. But, you need to realize that most invention patents do not necessarily make money for their inventors.
Just because an invention patent exists -- it doesn’t mean inherent success in the marketplace. The true value of an invention patent is the extent of protection it offers and the rights it gives you as the inventor.