An Introduction to Patent

4/7/2010.

It is in fact quite difficult to get a patent. You must have an original invention and be able to describe how someone could make and use it to achieve some result that is better at something that was previously possible. You also must precisely define the legal scope of the invention, such that other people can tell whether they are infringing your patent or not.

It typically does cost $3,000-$6,000 to obtain a patent if you don't have anyone experienced willing to do some work for free. You may want to look into a "provisional patent application" which basically stalls the clock for a year. (If you don't follow up with a full patent application within a year, you lose the provisional application, but it allows you to keep the earlier date if you do follow up.)

As for how unique the invention has to be, each patent must precisely set out the legal scope of the invention. Though no specific form is required for most of a patent application, they will all have a set of "claims" which specifically explain what is covered by the patent.

A significant fraction of the work of writing a patent application is writing the claims so that you cover as much as possible without covering anything done before (which would invalidate the claim).

The cheapest way to make a patent.

There really is no cheap way to get a patent, however, there is something called a 'provisional patent'. It is cheap. And it allows you to use the terms "patent pending".

Basically, what it does is give you one year to file a patent, and you can claim the date of the provisional patent for anything that is contained in that application.

Provisional patent applications are not examined and will not result, by themself, in the issuance of a patent. If you fail to file a patent with the one year timeframe, you lose the benefit of the provisional.

However, they will allow you to use the terms "patent pending" when you solicit financing. They will also allow you to prove, to the patent office, the date of your invention (in case anyone you pitch the idea to tries to patent it themself or publishes it).

I would urge you the most caution against putting in large amounts of your own money or taking money from family members. It might make sense to invest your own money to get a provisional patent and to take on a family member to help you solicit investors. But you should try to get money from disinterested strangers.

If you can't convince a stranger that your idea is worth investing in, it probably isn't. And you don't want the stress that comes with family members who have made major financial investments.

Whatever you do, do not allow yourself or anyone you know personally to invest money you do not know for sure they cannot easily afford to lose.

Making patents from other patents.

If your idea is actually a similar idea to the one in the patent you are copying from, you should actually cite the patent.

It is strongly to your advantage to directly cite any patents that relate to the patent you are filing. This is so for many reasons:

1.)It will protect you from later claims that you were trying to hide the other patent from the patent office.

2.)If the patent office finds it, it makes you look sloppy.

3.)It gives you a chance to explain why that patent is not the same as your idea.

4.)Every patent issued means the recipient convinced the patent office that they had explained their idea in sufficient detail. Pointing them to a similar patent will make it less likely that they will claim you didn't provide enough information to allow someone to make and use your invention.

If you are just copying the form of the patent or things like the generic "other features and advantages" statement, I don't see any problem nor any reason you would cite the patent.

The patent-pending stage.

If you simply want the legal right to say "patent pending", all you have to do is file a provisional patent application. It's cheap (<$500) and there are no formal rules for what you put in it. They are not examined. They just sit on file for one year.

What it does is give you one year to file a formal patent application. Any ideas explained with sufficient detail will get the date of the provisional application.

After one year, it's as if you never filed the provision application. You can still file a formal patent application, but you lose the priority date of the provisional application.

You can go through with getting a patent for about $5,000 if you're willing to do the work. The way to save money is to learn what a patent actually protects and figure out *exactly* what your patent needs to protect. Sketch out a possible independent claim or two.

Then spend some time making a precise description of your invention and how to use it. Cite references where possible.