When you have an idea for an invent idea, you may want to consider filing for a patent. However, before you do, it is important to do some preliminary research. In addition, you will also want to obtain an attorney's advice in determining whether the idea is patentable.
Abstract ideas are a category of inventions that can be patented. These include mathematical concepts and mental processes. The United States Patent and Trademark Office published guidelines for determining whether a claim is an abstract idea.
To determine whether a patent is an abstract idea, the USPTO must use a two-part test. It must first determine whether the claimed invention is directed to a technical or law of nature subject matter.
If a claim is directed to a law of nature, then the claim must be characterized by meaningful limitations that link the abstract idea to a particular technological environment. In other words, the limitations must be sufficient to transform the abstract idea into a patent-eligible invention.
Moreover, the court must determine whether the claim is directed to a natural phenomenon, as opposed to a nontechnical process. This is done by using the Mayo test.
However, in the context of determining abstractness, it is important to note that the word "abstract" is indefinite, making it difficult to define its boundaries. As a result, courts have taken careful steps to define this category.
For example, the Federal Circuit has determined that mortgage lending, wireless communication, and garage door openers are all abstract. Furthermore, a network-controlled electric car charging station was also considered an abstract idea.
Finally, the Court of Appeals held that software claims that only implement an abstract idea on a computer are not transforming the abstract idea into a patent-eligible product. Thus, the abstract idea in Accenture's insurance software did not constitute an eligible idea for an invention
Similarly, the abstract idea in Symantec's computer software was not sufficient to make the method patentable. Indeed, the district court and the Federal Circuit had decided the case based on the abstract idea of "a universal electronic voting system."
However, in the Alice Corp. v. CLS Bank International decision, the court found that the abstract idea of a computer-based system for organizing data was not sufficiently transformed into a patent-eligible idea for invention
Before filing for a patent, you should have a good idea of what you're trying to accomplish. This can help you understand whether your idea is worth pursuing, and if so, what steps to take next.
The best way to start is with a comprehensive prior art search. Luckily, the USPTO provides a handy website with instructions for doing this.
In addition to the search, you should also consider your target market. Understanding the demographics of your target market can help you make a strategic decision regarding product development.
Likewise, you should perform a similar research on the competition. If you're planning to market or patent your product, you will need to evaluate the competition to see if it's a viable business opportunity.
It's not enough to just have a novel idea; you need to demonstrate that you can translate it into something that will be useful in the real world. Often, this involves developing a prototype and evaluating it. You might also want to engage a technology transfer specialist to assist you with the entire process.
A final tip to consider is the importance of the title. Having a clear title that is easy to read is a good first step in the right direction. Also, keep in mind that you'll want to be able to find your patent when you're ready.
As a general rule, the patent that you are filing should be the one that stands out. It can also be helpful to have a provisional patent application to start with. These applications can be filed at a reduced rate, but do not count toward your patent's expiration date.
Finally, the patent that you are filing should be accompanied by a detailed description of your invention. Not only should your claim describe the features of your invention, but it must be accompanied by a short introductory phrase that explains your invention's purpose.
There are many ways to get a patent but filing your own application is not one of them. It's a good idea to consult with a qualified patent attorney to see if the application is a good fit for your business. A good lawyer will be able to help you navigate the patent process, from the initial filing to amendments and renewals.
If you're looking for a cheap way to file your own patent, consider going with a company such as LegalZoom. They provide patent filing services for as low as $699. This includes a comprehensive patent search, as well as two drafts of your patent application. Their attorneys also offer free patent consulting if you wish.
The best part of this patent filing service is that you'll be able to consult with a licensed attorney. Your patent attorney will be able to explain the process to you and offer suggestions to make sure you get the most out of your filing. After you complete the patent filing, your patent attorney will also provide you with a patent kit and a user manual. Lastly, they will be able to answer your questions about the legal system as a whole.
In the end, a patent can only be monetized if it is enforceable. This is where an experienced lawyer can really pay off. Fortunately, most legal work is done hourly and most attorneys will let you know up front how much you can expect to pay for the service. While this may seem like a lot of money to some, the cost of hiring a qualified lawyer is often worth the cost. Regardless of the legal fees involved, a competent attorney can help you ensure that your patent is worth its weight in gold.
If you want to patent an invention, the process can be expensive. Depending on the complexity of your idea, it may cost between $1,500 and $10,000.
You may have to pay an attorney to prepare your patent application, and this is where the cost starts to get higher. There are a few options to minimize the costs of preparing your application.
The first option is to file a provisional application. This gives you time to see how the market reacts to your invention. It also protects your current form of the invention.
Another option is to prepare a non-provisional patent application. These applications can be expensive, but they allow you to claim patent pending status until you are granted a patent.
Your cost will be higher if you have a complex design, because your attorney will spend more time on the preparation of your application. In the United States, the average cost of a utility patent is between $5,000 and $15,000.
When evaluating your idea, consider commercial applicability. This means determining whether your invention will sell, and if it will be licensed or sold by others. Also, evaluate your invention for its breadth. A patent that fully protects your idea will help you secure funding, and can protect your business's viability.
Regardless of which option you choose, your invention should be defensible. Any minor mistakes in your application can invalidate your patent.
Before deciding to file a provisional application, it's a good idea to consult with a lawyer to see what is involved. They will be able to help you determine the best way to get your invention patented.
The cost of a patent depends on the complexity of your invention and the length of your application. Getting a patent is an expensive and time-consuming endeavor, but it's a good investment.