First Step Towards Patenting Your Invention: The Search


Maybe you may have an thought for a brand new product simmering at the back of your thoughts. You have finished a couple of Google searches, however have not discovered something related. This makes you assured that you’ve stumbled upon the NEXT BIG THING.

Daily inventors inform me they “have not discovered something prefer it.” And whereas that is a great begin, chances are high that they have not been wanting in the appropriate locations.

Earlier than investing extra cash and assets, it is the appropriate time to seek out out definitively if the invention is exclusive, decide if there’s a marketplace for it, and discover learn how to make it higher.

Inventors ought to do a search on-line with a objective of discovering two or three aggressive merchandise. In the event that they’re scared to do the search, that is a great factor, as a result of in my expertise, it normally means they’re heading in the right direction.

And sure, the objective must be to seek out different merchandise available in the market which can be already making an attempt to unravel the identical downside as their invention. That demonstrates {that a} resolution is definitely wanted. And if there’s a want by a big sufficient group of individuals, then they stand a much better likelihood of turning the invention right into a worthwhile enterprise.

So inventors ought to go to a patent agent or patent lawyer with examples of two or three different related merchandise, and after signing a retainer settlement (which establishes the agent/shopper relationship) the dialogue turns to the specifics of the product together with drawings, mockups, and/or prototypes.

At this level, the agent or lawyer will do a extra thorough search of the U.S. Patent Workplace and different relevant databases in america and/or internationally. They’re figuring out if this invention is certainly distinctive, or if there are much more, related patented merchandise.

Some inventors take into consideration doing the search of the Patent Workplace on their very own, however there are a number of downsides to this plan. Their emotional attachment to the invention will cloud their judgment, and they’re going to steer away from discovering different merchandise which can be related. Though chances are high they’ve already recognized a couple of different opponents, looking the U.S. Patent Workplace is a extra intense course of. From my expertise with purchasers who’ve finished their very own search, they’ve ignored related merchandise which have already been patented as a result of they cannot face the truth that their thought is not as distinctive as they as soon as thought it was.

Nonetheless, discovering extra related merchandise doesn’t imply that each one is misplaced. The technique modifications to evaluating the proposed invention with the patented one, and discussing methods to enhance it and make it patentable. A very good patent agent or lawyer will present goal perception at this section. The method is to take the invention, ignore the elements which have already been included into one other patent or patents, and the rest is a patentable invention.

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