Inventions in General
How to Protect Your Idea
How to Profit From your Invention
Related Links and Useful Web Sites

The best way to give the Idea value.- Again, an idea that anyone can use is not as valuable as one that only you can use. This is an obvious proposition.

Patents

¨C a patent is simply a government granted right to exclude others for a set period of time. In exchange for teaching the public how to practice your invention, the government grants you a monopoly, the right to exclude others and thereby be exclusive. The U.S. Constitution specifies that Patents may be granted to promote the useful arts, and that is why the government encourages the promotion of the useful arts by offering the monopoly in exchange for the teaching. Your idea must be new and not obvious in view of all the teachings embodied in the prior patents, as well as all the printed articles and other information available. There are two types of patents, design patents and utility patents. Patents are granted by individual countries, and are only enforceable in each respective country.

Design

¨C A design patent protects the ornamental design of something. A design patent lasts for 14 years from the date the application is filed.

Utility

¨C A utility patent is broader than a design patent, and covers a potentially broad range of products or methods. A utility patent lasts for 20 years from the date the application was filed.

Patent Searches

¨C Before filing an application, it is wise to conduct a patent search, both to help determine if your invention is patentable and to educate you about your competition. You want to know if someone before you has developed the same idea before you invest your time and money in the development and protection of your idea. You can also gain valuable insight by reading the patents in the field in which you are interested in working.

Patentability and Infringement Opinions

¨C Another reason to search is to determine if there are other patents that may affect your ability to make sell or use the product or process that is your idea or invention. Finally, as stated above, a patent search can help you determine, at least preliminarily, of your idea is patentable.

Non Disclosure and Secrecy Agreements

¨C You can agree with another party to keep you invention secret or not to disclose it to others. Coca Cola and Kentucky Fried Chicken do this with their secret formulas and recipes, which are not patentable. You can protect patentable ideas before they are patented with such an agreement as well. These types of agreements are useful when having a prototype made or when having parts for your invention made by others.

License Agreements

¨C An idea, whether patented or not, can be licensed to another in exchange for payments, called royalties. If your idea is not protected or protectable, however, there is little incentive for anyone to pay you for it. License agreements, like other contracts and agreements, can be complex or simple, and typically require the assistance of an attorney to properly develop.

Trademarks

¨C A trademark is a word, shape, color, design or even sound that serves to distinguish a product or service. A trademark allows consumers to distinguish between competing products. A trademark can be registered, and registrations can be renewed for as long as the trademark is being used. Trademarks can be the most valuable asset of a company. Think of NIKE. Trademark registrations provide many benefits, but an unregistered trademark owner can sue to stop an infringer and recover damages.

Domain Names

¨C A domain name is a web address. Good domain names distinguish their web sites and allow consumers to find them. Some even help describe what a consumer will find there. Having a registered trademark can insure that your matching domain name remains in your possession. Trademark owners can challenge the ownership of domain names that correspond to their registered trademarks. For this reason, it is important to select a good domain name and trademark, as the internet and world wide web are effective tools for promoting and selling your invention.

Copyrights

¨C Copyrights protect expression, whether it be original images, words, or music.

Trade Secrets

¨C Trade secrets, as mentioned above, are ideas that are actively protected from being disclosed. Coca Cola has a secret formula that makes Coke taste like Coke, and because it is secret, no competitorˇŻs product tastes like Coke.

Invention Submission Companies

¨C These should be avoided. If there is no patent attorney working with you or the organization that is helping you, and you are paying to be told that there is great demand for your product, beware. The US Patent and Trademark Web Site has links relating to this topic. See www.uspto.gov.