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Written by : Emery Schwarzlose
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how to patent an invention I am called Kaizen partner with hajiman partner and in this video I explain how to patent an invention I show you exactly what I think is the best practice to protect your invention with a patent when you think you have made an invention first maybe do a very good search on Google or other websites for example eBay I find very useful to find out whether other people have come up with the same idea before you once you have found out that you have made maybe an invention that is really new then do not talk to other people except maybe your patent attorney because if you talk to other people this is considered prior art and this would be so-called novelty destroying for a patent because a patent needs to be new when fired and if you talk to someone else without a secrecy agreement then it's not considered novel anymore the US patent law and not many other laws have an exception to this rule if you personally are talking about a certain invention then this is harmless or not novelty destroying if this happens 12 months prior to filing the patent application but there is a danger if other people talk about your idea then this might be novelty destroying so better not talk to other people before you have filed a patent application and this rule doesn't apply to other countries or at least to not to most other countries so for example if you file a patent application in the US and then you want to later file a patent application in Europe and you claim the priority of the u.s. patent application then whatever you have set before the filing date will be considered novelty destroying with regard to your european patent application so do not talk about your invention to other people before filing a patent application when drafting your patent topic I strongly suggest that you enlist the help of a patent attorney first of all the patent attorney is doing nothing but drafting and filing patent applications so patent attorneys have a lot experience in for example searching for prior art that is recommended addition in addition to your google search a patent attorney should first search the prior art and search databases if your invention is really new then the patent attorney really has a lot experience in drafting the patent application and in my personal view there is a good recipe to get a really strong patent application first do a really good search for prior art also via your patent attorney or other companies that offer our patent searches and then once you have identified maybe five to ten really close documents so documents that disclose a very similar invention not exactly your invention but very similar inventions then you identify maybe 10 to 20 differences for each of these documents so let's say you have an invention a and there's a document is closing an invention B that is very similar try to find at least 10 or more differences that make your invention different from invention B and then for each difference try to come up with what the advantage would be connected with this difference so for example if you have invented a car with four wheels in the rear view mirror or let's say a rear view mirror was not known before and cars with four wheels were known so invention B is a car with four wheels and you have a car with four wheels in the rear view mirror then the difference is the rear view mirror and the advantage is that you have less accidents because you can see more of the traffic try to do that for each of the documents and identify as many differences as you can for each of the documents then or before that you explain your idea or your invention in as much detail as you can to the patent attorney and once the patent attorney has your detailed description together with all the differences to the prior documents and advantages connected with it with these differences then the patent attorney has a really good starting point to draft a very strong good patent application once your patent attorney has fired the patent application for you the examiner will start a search with his own search strategy of course and the examiner often comes up with documents that fall within your broadest claim one and now your differences to the prior art come into play because now most likely one of these differences will allow you to differentiate yourself or your invention from the references that the examiner found and this discussion with the examiner often then leads to a granted patent I hope I was able to show you how to patent an invention if you are new to my channel and want to know more about patents trademarks and designs please subscribe to my channel if you like the video hit like I am answering comments and questions below this video and most importantly protect your intellectual property and go make it count
Thanks for your comment Tabatha Hoffee, have a nice day.
- Emery Schwarzlose, Staff Member
so you have an idea you want to protect this video is going to fully explain how you can protect your ideas and inventions and how the patent process fits into that and also explores the rumors that ideas may not even be patentable so for those of you who are new here my name is dylan adams i'm a patent attorney and author and i help clients of all sizes protect their ideas and inventions from fortune 100 companies to successful startups to even shark tank winners you may also be familiar with my best-selling book patents demystified which is used by inventors entrepreneurs and startups worldwide including including in top universities like harvard stanford and mit also be sure to subscribe to the channel to get more great content on patents and startups and hit that little bell icon so you get notifications of when new videos come out all right let's jump right into it so the first thing to consider if you're looking to patent an idea is whether that idea is even the type of subject matter that is patentable so for example let's say you have an idea for a book or a movie or you've written a book or a movie you have photographs things like that well those aren't going to be patentable because those are the kind of things that are protected by copyright copyright protects artistic works not utilitarian works um or inventions like like patents do or let's say for instance you have a great business slogan idea or a business name that you want to protect or even a a a logo for something whether it's maybe a product or for a business well again those aren't going to be patentable ideas because those are going to be protected by trademark not by patent again patents protect utilitarian things and that can be a lot of different stuff so for instance there's really two main things you protect with patents it's going to be a method of doing something it'll be a novel method of performing steps you know it could be you know the steps that a computer takes when performing a process it could be the novel steps of making a product or using a product on the other hand you can protect uh things or systems the compositions of matter so that's going to be the the physical physical configuration of something that's going to be the physical configuration of of your product or it's going to be you know a physical computer system things like that it can be physical things or it can be methods and like i said earlier patents protect useful inventions or utilitarian inventions which is in contrast to artistic works which are protected by copyright so again first thing you want to think about if you're looking to protect your idea is is this an idea that is even protect protectable by patents so before we even get into the steps of patenting ideas i want to address some of the rumors and bad information out there regarding whether ideas are even patentable now the issue here is some ways in kind of what we mean by an idea and in a technical sense and you know where you know patent attorneys get it wrong is sure in a technical sense ideas are not patentable you have to actually patent a thing but what people are really asking when they're saying i want to patent my idea is so i have an idea for a product so you know it's they have an idea for a physical product it's not just a abstract idea typically when somebody what they say is an idea it's actually going to be a tangible thing or if if pushed they could actually describe a tangible product or a tangible method of doing things or with the aid of other people they'd be able to describe those things so when patent attorneys other people say well ideas aren't patentable in a technical sense yes that's true the requirement is you need to be able to describe the idea such that one of ordinary skill they are being that being the average person in the field could make and use an actual product of the invention that's what's required but the thing is that threshold is really low and so when people you know go around saying well ideas aren't patentable that's really doing a disservice to folks who what they have is their idea would very much be patentable so that's kind of the you know an important thing to get get clear off the bat is yes by and large you know ideas are going to be patentable and even a you know fairly uh fairly bare bones idea it's possible to put meat onto those bones so that idea is packed so you've determined you have an idea that is the type of subject matter that is patentable now the next step is to file a patent application with united states patent and trademark office and there's two ways to start the patent process and you should check out my other video which is about these two ways namely you can file a non-provisional application to start the process or provisional patent applications to start the process regardless of which which way you decide to start you need to describe the invention in sufficient detail that somebody of ordinary skill in the art that being your average person who works in that technology field that they would be able to make and use the invention uh making use the idea based off of what you've described now just because we work in a first to file system now just like the rest of the world so the united states recently switched from being a first to invent system to being a first to file system that meaning the person who files a patent application first gets priority for it now because there is kind of a race to the patent office that doesn't necessarily mean that you should always immediately file a patent application that should not necessarily be the first thing you do when you've come up with a good idea a lot of times it makes more sense to actually develop the idea even though it's not required to have a prototype or to you know to know exactly how you're going to implement the idea a lot of times it's going to make more sense to develop it do some testing maybe even make a prototype if it's possible before actually filing a patent application so the timing of a patent application is important when it comes to protecting your idea a lot of times you know you may have a clever idea but really the question is is it going to be a product that you're going to be able to make at the right price point that people are actually going to want to buy there are a lot of clever ideas out there but make sure that it's actually going to be a business or a product that people are going to want and they're going to be able to buy at a price point that makes sense for them you know again just because an idea is patentable doesn't mean it's going to make a good product that's going to be profitable that say a company is going to want a license or that you're going to be able to make money off of or that you're going to be able to build a business around so in a lot of ways do that research up front before filing your patent application i would say flesh out the idea as much as possible wait until you're getting ready to make public disclosures public uses or offers for sale which could potentially forfeit patent rights before filing that first patent application that is
Thanks Majorie your participation is very much appreciated
- Emery Schwarzlose
About the author
I've studied swedish history at Georgia Southern University in Statesboro and I am an expert in registrar. I usually feel determined. My previous job was sportswriter (journalist) I held this position for 27 years, I love talking about story writing and mountaineering. Huge fan of Bad Bunny I practice baseball and collect vintage cars.
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