First thing’s First
Sometimes would-be inventors get lost, or discouraged, before they even apply for their patent. This is because they are unclear on some of the process that comes before the patent application, or, sometimes, before contact with a patent attorney. Here are a few answers to some of the more common questions about patents.
Why A Patent Search?
It doesn’t matter if someone had your same idea before you did—but it does matter if they patented it first. You do a patent search before completing your patent application to ensure that yours is the first product or design to be patented. Otherwise, you waste time… and quite a bit of money… attempting to gain a patent that already belongs to someone else.
Can Just Anyone Do A Patent Search?
Yes, for the initial searches. Anyone with even moderate experience in searching online, or in digging through government and other databases can do an initial patent search. This will give you a general idea if your invention has already been patented. When it comes time for the more in-depth patent searches that need to be done before a filing, however, it’s a good idea to rely on professional patent attorneys or researchers.
What If My Invention Isn’t On The Market?
When it comes to patents, you can’t simply rely on the fact that you don’t see your invention being sold or marketed anywhere. There still may be a patent on the product, even if it’s not in production yet.
What’s A Patent Opinion?
A patent opinion is typically a one page assessment of your invention, the initial search results, and the likelihood of obtaining patent protection for your particular product. In general, it gives the inventor an idea of where things stand and what may be the best way to go from that particular point.
A Patentability Assessment?
A patentability assessment, while similar to an opinion, is a far more in-depth review of the situation. This detailed assessment usually runs four to seven pages and covers a wide area, giving the inventor an extremely good idea of where things stand. Assessments and opinions are typically created by experienced patent lawyers and intellectual property attorneys.
Post Date: August 16, 2013
