Getting a patent is not a very simple process as it could be quite long drawn out (as we learned by patenting our universal drink holder). There are quite a few process and procedural steps where the patent application is scrutinized by the patent examiner and clarifications sought from the inventor. The process starts with the inventor making an application for a patent, and the application as well as the invention being scrutinized to ascertain as to which part of the invention can be patented. If the patent application and the invention stands up to scrutiny, a patent is granted for a pre-defined period of time.

There are all kinds of inventions that are of varied scope. Some inventions do nothing more than add a concept to the vast body of concepts that exist from earlier. Take for instance a car video game. There could be a host of ideas and features like the car being turbo boosted or even damage to the car in the event of collisions. To this, if you add the novelty of showing how the racer is progressing on a race track map, this idea of racer display on the map could well be patented. Those who are still not prepared to file for a full fledged patent can file a ‘provisional patent application’. The advantage of patents is that these can catapult young inventors to global fame and name, not to mention the monetary benefits that accrue from it.

When filing for a patent application, it makes sense to submit formal drawings of the invention. These drawings help in projecting the image of the invention in all its distinctiveness and uniqueness. These drawings are prepared by trained draftsmen, who have long years of experience in this field. Once the idea of the invention has been conceived, design patents are prepared, which are an aesthetic representation of the form of the invention in question. The tenure of design patents is generally 14 years.

There are other kinds of patents which are of the nature of utility patents. These patents are able to protect the use of machines, medicines, components and computers in addition to ingredients which add to the utility of the invention. These patents are handed out for novel machines or even processes and are distinct from design patents that are appropriate for inventors of new manufactured articles. The concept of provisional utility patents is rather rare and not apt at an elementary level.

Manufacturers also have a great utility for patents because they invest huge sums and need to protect the uniqueness of their invention. The idea behind giving a 17 year manufacturing patent is to reward innovativeness as it is beneficial to consumers. While unrestricted monopoly is not beneficial, the idea of a 17 years patent seems to be a kind of middle path. Inventions that come prior to an invention are know as ‘prior art’. The way to get a patent on your invention is to prove that your innovation is quite distinctive and is a significant improvement on the prior art.

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.

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.

Business method patents are part of a larger family of patents known as utility patents that protect inventions, chemical formulas, and other discoveries. A business method is classified as process because it is not a physical object like a mechanical invention or chemical composition. Business method patents are only one embodiment of abstract ideas that were deemed to be non-patentable subject matter. While there no longer is a “business method patent” exception to patentable subject matter, the algorithm exception to patentable subject matter still stands.

Design patents are a useful tool to protect innovative designs in computer equipment and peripherals. New, original commercial designs for products can be protected relatively inexpensively, thereby preventing a competitor from making a product which looks identical to an existing product. Design patents only cover an item’s look or form. Design patents do NOT protect an idea or an invention, but rather only protect ornamental design of exactly what is pictured. This means that they are weaker than a utility patent, but because they are VERY easy to get you should consider them to round out your portfolio.

Patents are not the only defense, but they are a vital one to innovative startups that must survive in a real world. In business, as in the jungle, respect is given only to those who can protect themselves. Patents are an important source of technological intelligence that companies can use to gain strategic advantage. New software can be used for gathering, analyzing, forecasting, and managing external technology related information, including patent information. Although a preliminary patent search is suggested, before filing a patent attorney will want to do an independent search before proceeding.

Patents are usually rich in references which have to be cited to demonstrate that the particular patent is unique from, or a non-trivial improvement over, the prior art. One patent can lead to 10 or 50 related patents which each lead to even more. Patents are issued by individual governments and are meant to benefit both the inventor and the society at large. Patents provide the inventor with a temporary right to produce and sell their invention without the threat of competition. Patents are typically used as barriers to entry to particular markets and industries by preventing “free riders” from knocking off successful products without significant investment in product development and market development. It normally is the case that a given industry will have a limited number of competitors.