How to Patent an Invention Idea | Moving from Idea to Patent
By now everyone has undoubtedly seen the late night television commercials, and the online ads offering to help you patent your invention idea. Despite what these advertisements suggest, you cannot patent or protect an idea, but don’t despair. The idea is the first critical step toward being able to obtain a patent, and in my experience many inventors think they only have an idea and are not yet at the invention stage when, in fact, they really do have an invention that could be protected.
In order to get from where you are to where you want to be you will need to move from idea to invention and ultimately to a patent application, but the idea gets the ball rolling. But in order to get that ball rolling what you need is a strategy to help you move past the idea and learn to describe your idea with enough specifics so that it no longer is what the law would call a “mere idea.” In a nutshell, if you can describe your idea with enough detail you don’t have an idea, what you have is an invention, or at least the makings of an invention. For example, an idea is this: I want to catch mice. An invention is a mousetrap.
It is critical for inventors to document and expand upon any idea. If you continually add more details you will at some point cross over the idea/invention boundary and be squarely on the invention side of the line, which is the goal. What you want to do is explain your idea, as well as any and all aspects and alternatives associated with your idea. This will then get you toward approaching the point where it becomes specific enough for it to be considered an invention. When you reach this point you have something that can be protected and patented.
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In order to protect an idea it must mature into an invention first. This means that you need to be able to explain to others how to make and use the invention so that they could replicate the invention after simply reading your description of the invention in a patent application. A patent application does not need to provide blue-print level detail, but rather it must teach those who have skill in the area you are innovating what they need to know to be able to carry out the invention. You also do not need to have a prototype, but you will need to be able to describe the invention with detail, providing sketches showing your inventive contribution. See Working With Patent Drawings to Create a Complete Disclosure. In order to get this far it is common for inventors to seek assistance from a product development company, such as Enhance Product Development, a sponsor here on IPWatchdog that offers a full range of development services for all types of inventions.
If you do not have the ability to illustrate your invention yourself can obtain patent drawings from a patent illustrator for quite cheap usually. You might also want to work with a company that provides 3D renderings, or an engineering firm that can assist you as you attempt to breathe life into your idea to get it across that idea/invention boundary and squarely into being an invention. In fact, having quality patent drawings is the single best and most economical way to broaden and expand any patent application. Having 3D renderings is also the best and most economical way to have something that is eye catching to show to those who are interested in your project, whether it be those who might fund the project or those who might be interested in licensing or acquiring your rights.
Unfortunately, if you are stuck at the idea stage of the invention process you are not ready to file a patent application and also you do not want to run out and start telling people or submitting your idea to companies. Many companies do not accept the submission of ideas, because ideas are not legally protected and, as such, are free to be taken by others. Some companies that do accept idea submissions will tell you that they reserve the right to use whatever you submit without compensation, so be very careful if you are submitting ideas yourself and not engaging the assistance of a licensing expert.
If you do tell a company your idea and then later they develop the same idea this leads to people believing, sometimes rightly so, that their ideas may have been taken. Many companies, however, have extensive research and development going on all the time, so it is just as likely (if not far more likely) that your idea overlapped with something they were already working on. For this reason, many companies will not accept idea submissions, but rather accept submissions only of inventions that have a patent application pending. Companies that will listen to your ideas alone (i.e., without a patent pending or issued) should be thoroughly vetted before you trust them. Without patent protection there is no way to protect an idea absent a confidentiality agreement, and without such an agreement your ideas are legally free to be taken and used without your permission. For that reason, before you proceed to starting telling people about your invention you really should consider having at least a provisional patent application on file, or working with a reputable licensing agent that has a track record working with reputable companies that are looking for ideas and inventions to license or acquire.
So what to do if you are stuck and need to move forward? One thing that I recommend is that you consider using the Invent & Patent System™ to help you flesh out your idea and put enough meat on the bones of the idea so that it will be transformed into a detailed description and invention. I created the Invent & Patent System™ to help me teach my law students how to write patent applications. It was so successful that I adapted it for use by independent inventors, and since 2004 it has been used successfully to help many thousands of inventors create and file their own provisional patent applications. In the latest version the system has been expanded even more to provide coaching, examples and templates that help inventors flesh out their inventions as they answer a series of 10 questions. So before you think you do not have an invention and all you have is an idea you might want to consider giving the Invent & Patent System™ a try. If you seriously answer the 10 questions, use the suggested answer templates and read the guidance provided to explain the point of each question you will be coached through providing enough information to transform your idea into an invention and you will have a disclosure appropriate for filing as a provisional patent application (I give you a patent sample template, the forms you need and detailed instructions).
You could also tell others about your idea in order to search for help, but I only recommend you do this with a signed confidentiality agreement in place. A confidentiality agreement, sometimes referred to as a non-disclosure agreement or NDA, is simply a contract between two or more parties where the subject of the agreement is a promise that information conveyed will be maintained in secrecy. For more on getting help see Inventing 101: Protecting Your Invention When You Need Help.
Confidentiality agreements come in a variety of forms. There are one sided agreements where one party is the disclosing party and the other party is the receiving party, and there are agreements where both parties are obligated to maintain secrecy. The mutual confidentiality agreement is useful when both parties will be conveying confidential information, such as for inventor groups or when the parties are exchanging information as a preliminary step to negotiating a business deal. Unilateral confidentiality agreements are useful when only one party is turning over confidential information, perhaps to a potential investor or prospective licensee. For more information on Confidentiality Agreements, including free samples that you can download and use, go to Free Sample Confidentiality Agreements.
Next, you might be able to locate some college students or graduate students who would be interested in working with you on your project. If you have a nearby university consider posting a notice on the bulletin board of the engineering school (probably requires college permission), or contacting the school directly to see if they might be willing to circulate your request for you. Many schools are more than happy to help their students find real world experience, particularly if you are willing to pay something for the student to work on your project. Indeed, finding college students to work for little or nothing is not so difficult, and in fact if you are willing to pay you might be surprised that you are able to draw from the top of the class. Remember, college students are poor, and graduate students have been in that state of poor for some time. They need the experience, resume fluff and some money to hold them over between student loan distributions, and their skills are very up to date. Of course, have them sign at least a simple confidentiality agreement.
You can also reach out to friends and family. You might be surprised what they can tell you and what directions they can point you in. A trusted friend who is analytical, creative or mechanically inclined can be a great source. Of course, you should still get some kind of written confidentiality agreement. This is not because you are afraid your friend or family member will steal the idea, but because once you start telling people about your inventions your right to keep the invention as a trade secret is completely lost unless you have such a confidentiality agreement. Furthermore, you might lose the right to ultimately apply for a patent. Some kind of agreement, even a watered down agreement that is non-threatening is key. For a non-threatening agreement try something like this: Simple Confidentiality Agreement. This agreement shouldn’t threaten anyone. It simply explains the importance under the patent and trade secret laws that your invention remain a secret.
Another idea is to join a local inventors group. These groups are all over the country and provide members a way to bounce ideas of each other. You can learn where to go to get reliable help and steps to follow in your invention pursuit. Some of these groups also have an online presence as well. They are truly a great resource for new and experienced inventors alike. Active groups will even meet in the real world and will frequently have guest speakers to address common issues. Many times these speakers are either patent attorneys in the area or successful inventors.
You can also learn a lot about how to do things by searching for and reading related patents. This is a great way to see what else is being done in the area of your invention. For information on how to conduct your own patent search online see Patent Searching 101. Once you have something that starts to look like an invention you should consider filing a patent.
For more information on patent basics please see the articles below. Good luck, and happy inventing!
- Investing in Inventing: A Patent Process Primer for Startups
- How to Write a Patent Application
- Filing a patent application is still a smart decision for inventors
- Inventorship 101: Who are Inventors and Joint Inventors?
- Patent Search 101: Why US Patent Searches are Critically Important
- 10 Critical Pieces of Advice for Inventors
- There is no such thing as a provisional patent
- Patent Searches: A Great Opportunity for Inventors to Focus on What is Unique
- Should I File a Patent Application Before Licensing the Invention?
- Can cake designs result in intellectual property protection?
- Turning Your Idea into an Invention
- Learning from common patent application mistakes by inventors
- Why Patent Attorneys Don’t Work on Contingency
- Patentability: The Adequate Description Requirement of 35 U.S.C. 112
- Germany Suspends Requirement of Presidential Signature for Formal Ratification of UPC Agreement
- Patentability: The Nonobviousness Requirement of 35 U.S.C. 103
- Patentability: The Novelty Requirement of 35 U.S.C. 102
- Patentability Overview: When can an Invention be Patented?
- Invention to Patent 101 – Everything You Need to Know to Get Started
- The Benefits of a Provisional Patent Application
- What is a Utility Patent?
- Do You Need a Patent?
- Inventing Strategy 101: Laying the Foundation for Business Success
- Patent Prosecution 101: Understanding Patent Examiner Rejections
- Patent Drafting for Beginners: The anatomy of a patent claim
- The Patent Process on a Tight but Realistic Budget
- Patent Drafting for Beginners: A prelude to patent claim drafting
- Provisional Patent Applications the Right Way, the Wal-Mart Way
- Inventing to Solve Problems
- 5 things inventors and startups need to know about patents
- The Quid Pro Quo – How Bad Patents Can Harm A Startup Company
- There is no such thing as a provisional patent
- What is a patent and where do patent rights come from?
- The Best Mode Requirement: Not disclosing preferences in a patent application still a big mistake
- First to File Means File First! The Risk of Not Immediately Filing a Patent Application
- PCT Basics: Obtaining Patent Rights Around the World
- Sell Your Ideas With or Without a Patent
- Understanding the Patent Law Utility Requirement
- Understanding Obviousness: John Deere and the Basics
- When should you do a Patent Search?
- Design Patents 101 – Protecting Appearance Not Function
- The Top 5 Mistakes Inventors make with their Invention
- Patent Searching 101: A Patent Search Tutorial
- Patent Strategy: Laying the Foundation for Business Success
- When Should a Do It Yourself Inventor Seek Patent Assistance?
- The Cost of Obtaining a Patent in the US
- An Inventor’s Guide to Being Taken Seriously by Patent Attorneys
- Plausibly estimating the market for your invention
- The Business Responsible Approach to Patents and Inventing
- A beginner’s guide to patents and the patent process