Posts Tagged ‘existing product’

What is implied by “the patent process”?

Friday, December 18th, 2009

Inventors need patent firms that can give them application and patent protection services. Having a patent law firm with experienced attorneys on your side can help you prevent others from using your intellectual property.

The patent process is generally very long. During this period, the application generally travels back and forth between the applicant and the patent examiner until both sides agree as to which part of the invention is worthy of a patent. The patent process generally involves filing a patent application and undergoing examination at the patent office. If examination is successful, a patent is granted and is enforceable for a limited term thereafter.

Inventions come in all shapes and sizes, and if your widget does nothing more than add one novel concept to a mountain of old concepts, that novel concept may just be patentable. So, for example, if your video game is an automobile racing game, you might use familiar concepts such as turbo boosting your car, damaging your car when collisions occur, and displaying a racer’s progress on a map of the race track, but at one point, displaying the racers was a novel idea, and perhaps patentable. Inventions which, if handled wisely, may fetch young and enthusiastic start-up entrepreneurs great success in terms of financial and global fame. Inventors not ready to file a full patent application are encouraged to file a “provisional patent application”. The provisional application provides more benefits and protections to inventors than the disclosure document.

Design applications require formal drawings (like of cup holders) when filed since the look of the invention as shown in the drawings is the basis of the application. A draftsman with many years experience in preparing formal patent drawings is usually available for this service to clients. Design patents (these patents are concerned with the aesthetic appearance of the invention) must be generally within one year of the idea’s conception. Design patents of this type tend to have a term of 14 years.

Utility patents, on the other hand, are applied for when the invention you wish to protect has a use such as a machine, ingredients, medicines, computers, etc. A provisional utility patent application is less common and not something you need to understand at an introductory level. Utility patents are granted for inventions such as new processes or machines. Not to be confused with design patents which are granted to inventors of new designs for articles that are manufactured.

Invention protection is important to manufacturers too. The manufacturer has the biggest investment at risk and they’ll take whatever steps are necessary to protect it. Inventiveness is good for consumers, monopoly power is bad for consumers, and we reward inventiveness by granting 17 years of monopoly power. It’s someone’s idea of a compromise between too little and too much. Inventions that come before your invention are referred to as “prior art”. The differences between your invention and the prior art need to be explained and defended in order for a patent to be granted.

What to do with that next great idea.

Wednesday, December 16th, 2009

The scope of new products in the contemporary world is seemingly unending. A lot of companies and people look at getting data from other people who are a repository of information as well as ideas. It is possible to look at getting new product ideas based on exposing, recombining and surfacing data, with the internet being a fast and vast new medium of sharing and utilizing the data in a manner that helps cultivate new innovations.

Companies generally have a well set manner for laying out new product innovation. Ideas get sent from the business manager to the strategic committee that conducts the preliminary feasibility test after which regular reviews by the engineering team is conducted to make progress on the project.

The inputs from the developer or the development team are quite important as new product development is a tough task. It needs conversion of complex ideas into practical products which means that applied research is used as the input with development being the throughput and the finished marketable product being the output. Developers also take into account the kind of costs that are required to bring the product into fruition.

Past research is an indicator of what has already been done and not necessarily of what is needed for the future. It is also possible to use computer aided design (CAD) to visualize the product and also propel it towards better execution and implementation. Research teams can help, as they do a good job in predicting trends that will become big in future. They also test out ideas or concepts so that one may be able to access the chances of a product succeeding.

Some people are fast to take on and use new products. These people are called early adopters. There are others who take a little more time to adopt it and are known as the early majority. The late majority are those who are averse to risk, while there are the laggards that are quite resistant to change. These laggards may even take on products that have become the norm and quite well entrenched in the market.

You can use market research to ascertain the demand for a product and the kind of price that would be acceptable. A prototype may also be used to visualize the product (which we had made numberous times with our drink holder). Market research helps in factoring in the trends in the market too.

It is always better to make a product in the early life style stage of a product to maximize the potential of the product. Product design takes into account engineering, style and cost constraints too. Patents involve legal hassles that need to be factored in also.

General Patent Information.

Friday, December 11th, 2009

Patents are quite commonly granted in the US. Inventors can apply for patents in the US for new products and processes that they have invented as well as for discoveries. When a person gets a patent he/she gets the exclusive rights to the widget invented which would prevent anyone else from manufacturing and selling the product that is patented. This is generally valid for a period of 20 years and is argued that these measures go against the grain of capitalism and also hinder competition. The true spirit of capitalism actually allows and promotes competition and free flow of unrestricted information.

Patents serve an important purpose. They help innovative startups preserve their interests in a highly competitive world which help to defend the company. Companies use patents to gain competitive and also strategic advantage in a ‘dog-eat-dog’ world. One needs to do a search for patents and patent attorneys also check this out before filing a patent on behalf of the innovator. One can also use software to gather, sift, predict and manage technology using the patent.

There are some specific requirements of patents. For one, it has to be proved that the invention is indeed unique and is not an insignificant improvement over what existed earlier. Individual governments give patents to help the innovator and also society. These patents help the innovator produce their invention on mass scale without fearing undue competition. These patents help to deter free riders and idea thieves who might steal the product innovation without spending on R&D or making any effort.

It is required that you file the patents before making the invention public. If it is disclosed prior to being implemented, it would not be granted a patent as one cannot patent ideas. But if you file a patent with sketches and descriptions of the invention duly notarized, the USPTO would accept it and hold it for two years.

It is also possible to find patents for business processes. These are used for chemical formulas, inventions and other discoveries. Earlier, business method patents considered non patentable as they are rather abstract in nature and not in physical form, as such. As of now business method patents are not under question, but there are certain criteria and algorithms in the realm of patentable subject matter.

Commercial designs for products are also protected by patents in this day and age. These can help in protecting new and unique designs in computers and accessories and peripherals. These help prevent any copycat designs by unscrupulous competitors and design thieves. On the other hand, there are design patents that do not protect an invention or an idea but just the external and ornamental design of what has been depicted and shown. This is being on a stickier wicket than when you have a utility patent, because copies are easier to effect.