Do you have an invention?
When you have an idea for a new invention, the excitement you feel can be hard to contain. In the space of a few moments, you see yourself bringing a desirable new product to market and earning millions of dollars in the process.
Unfortunately, the invention process is complicated. Getting your new product from an idea to an actual item on store shelves requires a great deal of time and effort. It’s also essential that you protect your innovation with a patent application so that you can prevent others from taking advantage of your creativity.
Although the invention process looks a little different each time, there are still certain steps that you can expect to take.
Develop and Document Your Idea
You need much more than a vague concept to get started. Accordingly, you may have to spend some time developing your idea.
Keep in mind that most inventions are created in order to solve a problem. As you work to develop your idea, maintain your focus on the problem that you are trying to solve. You may want to keep notes relating to your research, experiments and development efforts.
Prior to 2013, the United States had a “first to invent” patenting system. In the event that two inventors submitted highly similar patent applications, the United States Patent and Trademark Office would award any resulting patent to the applicant who could prove that they had the idea and developed it first, regardless of whether or not they were the first to file a patent application.
In March 2013, U.S. patent law changed, and the system became a “first to file” patent system. This means that keeping dated, witnessed documentation of your development process has become less critical. Nonetheless, you may want to keep plenty of notes to document your process in case another party ever disputes your claim to the invention.
Complete a Patent Search
It is possible for any inventor to conduct a patent search in the online records of the USPTO. The online system enables inventors to look for any existing patents that may be similar to their new invention. For an invention to be patentable, it must be unique and non-obvious. If you discover prior art in your patent search that is duplicative of your invention, then you may need to re-focus your efforts.
Do Some Market Research
Did you know that as many as 95 percent of all patents don’t end up being profitable for the inventor? Usually, this is because the invented item just isn’t something that people need or want. Consequently, it may be sensible to do some market research. Is your invention one that people will actually buy?
Obtaining a patent, developing a product and marketing it are all time-consuming and expensive processes. It makes sense to ensure that there is a good possibility that you can make money from your idea down the road before investing too much time and money.
Take a look at other similar products that are already on the market. How much are they selling for? Will it be possible to manufacture and distribute your product at an affordable cost that makes your retail price reasonable?
Market research can be indispensable to determining whether or not you continue with the next steps of the invention process.
Build a Prototype
This is the step in which your idea becomes tangible. You may build the prototype yourself or hire a manufacturing company to do it for you.
Usually, a prototype begins with drawings. Once again, this is something you can do yourself or hire out. Next, you may create a mockup out of any material that can make a passable 3-D model of your idea. It’s then possible to create a working model.
The prototype is a critical step because it may reveal flaws or missing components in your idea. In fact, you may find yourself going back to the drawing board. That’s perfectly all right. Most inventions are the product of a lot of trial and error.
File a Patent Application
When you, at last, have a working prototype of your invention, you probably have most of the kinks figured out. This means that it’s a good time to think about protecting your idea. Typically, this means filing a patent application.
You may file an application for a utility patent, which covers machines or processes, or a design patent, which covers ornamental designs.
Some inventors elect to write and file the patent application by themselves. However, this rarely is advisable. The application will be reviewed by a lawyer at the USPTO who is likely to issue arguments against the patentability of the invention. Having a qualified intellectual property attorney draft and file your patent application usually makes the process go a little more smoothly. The Examiner at the USPTO still may initially deny a patent, but your attorney will be prepared to file legal arguments that could change the Examiner’s mind.
Work on Fundraising, Manufacturing and Marketing
Now that your invention is “patent pending,” you are ready to move on to disclosing your invention to people and entities that might be able to help you with financing, manufacturing and marketing. This may involve writing up a business plan and setting up your own company. Alternatively, some inventors choose to license their patent rights to a company that will handle things like manufacturing, distribution and marketing.
If you do plan to enter into any legal agreements or licenses with another party, then it’s wise to consult with a patent attorney to ensure that any documents that you consider signing fully protect your interests.
Talk to Williams IP Law
Do you have a great idea that you would like to turn into a marketable product? If so, then give Williams IP Law a call. We are experienced at providing guidance to inventors regardless of where they are in the invention process. Whether you need help with drafting and filing a patent application or deciding if a proposed licensing agreement really is a good deal, Williams IP Law has the knowledge needed to advise you.