how to present an idea to a patent lawyer

In order to get a valid patent, you have to describe in detail to the patent office exactly how to make and use your invention. You should include several figures or drawings showing what your invention looks like. If your idea is for a new software process, than your figures will be a flow chart showing each step of the process.

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How do I patent an idea?

Steps to Patent an Idea. 1. Keep a record of how you came up with the idea and your step by step progress. 2. Research your idea to make sure it is eligible for patenting under established patent law. 3. Make a prototype of your invention when filing a patent. 4.

How to become a patent lawyer?

Jul 06, 2021 · How Much Does It Cost to Patent an Idea? The patent filing fees can range between $75 for “micro-entities,” which I mentioned before, to $10,000 for certain submissions. To that, you need to add: Patent search fees; Research fees; Examination; Post-allowances fees; A detailed USPTO’s fees list can be found here. What’s more, you need to include your attorney’s fees, …

What information should I provide a registered patent attorney?

Mar 11, 2013 · An initial patent consultation represents your opportunity to discuss your new idea and/or invention with a registered patent attorney. Often, the amount of time dedicated to an initial consultation is limited and set by the patent law firm (often 30 min or one hour). Initial meetings with a South Florida patent lawyer provide a focused opportunity to address how the …

Why hire an experienced patent lawyer?

Aug 13, 2019 · You should submit a patent application only if the idea is an invention. By submitting a patent application, you establish a priority date. For example, let’s say you submit your patent application on January 1 and tell others after your invention after that date. Anyone that hears your idea would have heard about it after January 1.

How do I present an idea patent?

Can a patent lawyer steal my idea?

Can you sell an idea for a patent?

How do I sell an idea to someone without a patent?

What are the 3 types of patents?

What is a poor man's patent?

How do you pitch an idea without it being stolen?

How much is the average patent worth?

How much does it cost to patent an idea?

How do I turn my idea into a product?

Can you patent an idea without a prototype?

Do companies pay for ideas?

Who can get a patent for a design?

A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

How to increase the odds of a patent?

As Michael Cohen, principal attorney at the Los Angeles based firm Cohen IP Law, says, “The truly best [sic] way to increase the odds of approval is by hiring an experienced patent attorney to prepare and oversee the entire process of the patent application.”

How long does it take to get a utility patent?

It takes an average of 3 years to get a utility patent from the beginning to the end of the patent. To secure a patent, you must complete the patent filing process, what is also called “patent prosecution.” The USPTO does offer expediting services for additional fees and if certain requirements are met, which can dramatically reduce the time period to about one year.

Why do we need patents?

Patents protect your ideas as intellectual property and prevent your competitors from being able to take your idea and use it for profit. Patents are awarded for novel innovations (there are 4 categories of patentable material, which we’ll cover later) and designed to ensure that innovators can market their innovations and inventions without being copied.

What is the difference between a trademark and a patent?

Patents, copyrights, and trademarks are all legal protections for different forms of intellectual property and different uses. A patent protects an idea. A trademark refers to a name, logo, or design that distinguishes a certain business from another. Copyright protects original works of authorship, like literary, dramatic, musical, and artistic works.

What are the drawbacks of patenting?

There are some drawbacks to applying for a patent. The patent process can be complex, technical, and tedious. The costs can be high (tens of thousands), and the process can take years.

What does a patent protect?

Patents protect the intellectual property of your idea, giving you immunity over competitors who may want to profit from it as well . When a competitor violates your intellectual property, you can enforce the appropriate use of the patent.

Why do patent attorneys and patent agents represent existing clients?

The typical reason for this is because patent attorneys and patent agents represent existing clients and without knowing what your invention deals with there is no way to know whether there is a conflict of interest that would prevent the attorney/agent from representing you.

What is the most difficult thing to do as a patent practitioner?

One of the most difficult things for patent practitioners is when they are representing someone that cannot or will not help them . This can actually take several forms, from inability to assist (i.e., language barrier) to unavailability (i.e., never being available) to the inventor who is trying to be overly helpful and dumps huge amounts of disjointed and rambling information onto the patent practitioner expecting them to sort through it all and make sense of everything.

Why do patent attorneys sign confidentiality agreements?

Insisting that a patent attorney or patent agent sign a confidentiality agreement because you do not trust the mandatory requirements placed on patent practitioners by federal regulations (something many inventors have told me over the years) is a quick way to be viewed as a non-serious individual who will be difficult to work with. It is a big red flag.

What are the problems independent inventors face when seeking representation from a patent attorney?

One of the problems independent inventors face when seeking representation from a patent attorney or patent agent is an unfavorable stereotype of inventors that has developed over many years. Like virtually all stereotypes there is at least some truth, but as in most situations the “truth” winds up being contributed to common understanding ...

What is a prospective client?

A prospective client is anyone who comes to a patent attorney or patent agent seeking help, assistance, advice or direction on a legal matter. You do not need a confidentiality agreement when speaking to a patent attorney or a patent agent as a client or a prospective client, and in fact, most patent attorneys and patent agents do not sign ...

How to keep costs low in patents?

The only way to keep costs low in the patent world is to do less work, which can be a recipe for disaster. A race to the bottom for the lowest cost provider guarantees inferior quality, which is something that inventors MUST be mindful of when they simply choose the lowest cost provider.

Where is Gene a patent attorney?

Gene is admitted to practice law in New Hampshire, is a Registered Patent Attorney and is also admitted to practice before the United States Court of Appeals for the Federal Circuit. CLICK HERE to send Gene a message. Tags: famous inventors, independent inventor, independent inventors, inventor, patent, Patent Agents, Patent Attorneys, patents.

What are the two basic agreements that you need to have before you can patent yourself?

When you are starting your patent process, two basic agreements will help you to protect yourself before you get patent pending status: a confidentiality agreement and an independent contractor’s agreement.

How to protect your idea?

Tip #1 to protect your idea: Invent in your own area of expertise or hire someone who does have it. Tip #2 to protect your idea: Set aside enough funds. Tip #3 to protect your idea: Write up a one-page business plan. Tip #4 to protect your idea: Conduct your own informal novelty search.

What is the saddest thing an inventor does?

One of the saddest things that I see inventors do is start the process of protecting their idea without enough funds to get through to patent pending and hopefully to the patented stage. These inventors bootstrap the costs but things inevitably do not work out the way that they expect or plan.

Why is it important to have a prototype?

The prototype will help you to understand what parts of the invention to protect. It will also help to troubleshoot the product. Oftentimes, the invention as an idea works great. However, after building the prototype, the product might not work as well as you thought. That is a good thing.

What happens when you invent a second product?

If this is your first invention, then the natural tendency is to come up with a product name and to use that same name as your company name. However, that would not be optimal. The problem occurs when you invent a second product. When you go through the naming process for the second product, then customers might get confused as to what you are trying to do. They will wonder what the relationship between the first and second brands are. The better approach might be to use a generic name for the company name but then to use different and unique trademarks for each of the product names/brands to eliminate any confusion.

How much does it cost to register copyright?

Register copyrights for unique content and images on your website. Each application is only $55 if you do it yourself on the www.copyright.gov website.

Is a graphic design patent protected?

The drawings are protectable by copyright. The design itself may be protected by patents. Graphic artists create your brand design visually. They will need to create an aesthetic design language for your product and website, including creating your logo which has a copyright which you need to own.

How many options do you have to make money with patents?

You have two options for making money with patents.

What happens if you don't get a patent?

So you are limiting the number of potential buyers of your idea if you don’t get a patent or patent-pending status. However, it is possible. If you don’t have money for a patent, then your options are limited. You may have to pitch your ideas only to potential buyers that will sign the nondisclosure agreement.

What happens if your invention sounds like a perpetual motion machine?

Moreover, if your invention sounds like a perpetual motion machine, then people (USPTO, patent attorney, investors) will ask you to build and show proof of concept. Otherwise, the examiner will reject your patent application.

What happens if you don't tell others about your idea?

If they sign the NDA, they cannot tell others about the idea. Otherwise, they will breach the contract. If they do tell others without your consent, you can sue them for breach of contract. The NDA stops the company from using your idea without paying you for it.

Can you ask a potential buyer to sign a nondisclosure agreement?

Even if you have a patent-pending status, you can always ask the potential buyer to sign a nondisclosure agreement before you share your idea with them. By doing so, you can have both 1) contractual rights via the nondisclosure agreement and 2) a priority date with the patent application.

Is patenting expensive?

Patents are expensive. If you can avoid the expense, you should.

Do you need a nondisclosure agreement before pitching an idea?

In this regard, you don’t need a nondisclosure agreement in place before pitching an idea when you have patent-pending. You have more freedom to pitch your invention to companies without the need for an NDA.

How to do a good patent?

To do respectable patent work, you need to have a good technical understanding. A qualified patent lawyer needs to have the rare ability to explain, clarify, and simplify. Writing a good patent application requires the marriage of expansive legal and technical knowledge with the ability to clearly and concisely explain complex concepts in a way that can withstand challenges from the nation's leading patent attorneys.

What exam do you need to be a patent lawyer?

Since a patent lawyer will represent inventors before the USPTO, he or she must pass the USPTO license exam, commonly known as the patent bar.

How long can a patent lawyer protect an invention?

Patents are granted by the government and give inventors the right to prevent other parties from using or copying their invention for 20 years. You may not use the title "patent lawyer" unless you are qualified and are admitted to the patent lawyer register. Most patent lawyers are patent consultants, and there are also registered trademark lawyers.

What does a patent lawyer do?

This type of attorney specializes in obtaining protection for your intellectual property (IP). He or she will examine the invention, guide inventors through the patent application, and actually obtain a patent on the invention.

What is the job of a patent attorney?

Advise and deal with infringement on patents and patent applications

How difficult is it to create a patent?

Creating a patent can be difficult. You don't only need to accurately and efficiently describe the technicalities of your creation, but you also need to protect your valuable IP by ensuring that you express how your invention is different from existing inventions in your industry. Patent law is very technical. Even if an invention is easy, writing your own patent can be pretty risky.

How many hours do patent lawyers work?

Most patent lawyers work a regular 9 a.m. to 5 p.m. Monday through Friday schedule, but overtime hours may be required .

How to profit from an idea?

To profit from your idea you must package it so that it is something the law will recognize as protectable. If you are having difficulty moving out of the idea phase and into the invention phase take a look at Moving From Idea to Patent and About the Invention Process.

What do inventors need to do to make a new invention?

Essentially, what inventors need to do is identify a problem, formulate the idea and then work toward finding a solution. The above example of a snow blower is an illustration of a common inventive idea becoming a reality by identifying a task that can be made easier with a new device. The snow blower pictured here was patented on November 25, 1975 and is titled Snow Blower Safety Chute. The improvement here is with respect to element 22, the safety chute. The patent explains that despite manufacturer warnings people injure themselves every year because when they attempt to clean out the compacted snow from the discharge chute, they do not stop the engine. Thus, the inventor’s desire was to prevent injuries because a certain number of people – perhaps many – won’t follow safety directions despite being warned.

How do inventors make money?

Inventors make money by identifying a problem, formulating an idea about how that problem can be solved, and then creating a solution. For example, the observation that using a snow shovel to clear snow is a back-breaking endeavor is obvious to anyone who has ever shoveled snow. The desire or belief that there has to be a better way to remove snow from a residential driveway is likewise not revolutionary, or particularly valuable. The idea that a mechanized solution would make the process faster, easier and cause fewer muscle injuries is a good one, but without the offer of any kind of solution the mere idea that a mechanized solution would be fantastic doesn’t create any value. But if you were the first person actually able to build a mechanized solution that would throw (or blow) the snow off a driveway you would have an invention that could be patented, and one that could be quite valuable in the hands of the right licensee. Perhaps royalty checks would roll in, but would it be for doing nothing? That mailbox income that might show up every quarter for years is attributed to the work done to create a valuable solution to the problem. The idea matured into an identifiable manifestation that was valuable in the hands of another. An inventor’s dream, but hardly money for doing nothing, although the inventor’s work is frontloaded in this monetization scenario.

Why are ideas valuable?

Ideas are a dime a dozen. They are valuable because they are a necessary part of the innovation journey , but it is not the idea in and of itself that creates monetary value, rather the valuable proposition inventors provide those interested in buying or licensing invention rights is found in the solution. Inventors make money by identifying ...

Is an idea free without a patent?

Without any protection, whether actual (i.e., in the form of an issued patent) or perceived (i.e., in the form of a pending patent application that defines the invention and could if pursued mature into an issued patent), ideas are free. Absent patent protection or a confidentiality agreement that accepts an obligation not use or disclose an idea – ...

Is an idea a valuable invention?

It is, of course, axiomatic that an idea is an essential first step toward any invention. Nothing can or will happen without an idea, so in one sense ideas are a critical, and valuable, piece to the overall innovation equation. In and of themselves, however, ideas are not monetarily valuable. Without some identifiable manifestation of the idea there can be no intellectual property protection obtained and no exclusive rights will flow.

Is an idea monetarily valuable?

In and of themselves, however, ideas are not monetarily valuable. Without some identifiable manifestation of the idea there can be no intellectual property protection obtained and no exclusive rights will flow. Without any protection, whether actual (i.e., in the form of an issued patent) or perceived ...