How To Patent an Invention

When you come up with an invention that you feel might be marketable, there are steps you can take that will help you to determine whether it is. If you proceed with an invention, before taking these steps, you may be setting yourself up for disappointment by going forward with an idea that is already out there and that you cannot obtain a patent for.

My experience in this area comes from marketing and licensing six of my own inventions, beginning in 1989. I was able to establish five of these on the market by getting them into Wal-Mart stores. Then I turned them over to companies who could take over manufacturing and marketing and pay me a royalty on sales.

My most successful invention, the "Rod Floater," a fishing rod flotation device, was picked up by Wal-Mart, Bass Pro Shops, Cabela's, Academy Stores, used as a promotional product by Kerr-McGee Oil Company and telemarketed on a number of national TV shows. I still receive a monthly royalty to this day, after licensing the Rod Floater to a large, reputable fishing tackle company in 1996 (TTI-Blakemore Corporation).

I did lose one product invention to theft by the buyer of a large retail chain. I submitted it to the buyer without patent protection, which was a mistake. I also lost an invention to competition of other companies (who had similar products) that squeezed mine off the market. It is because of these two negative experiences that I believe taking the steps below is so important.

1. Look in stores and catalogs to see if your product/invention is already on the market. This is a very basic, but necessary, step. It can keep you from taking further unnecessary steps or help you confirm that your invention is marketable. Look for your product on the shelves of stores, especially major retail outlet stores, and in major catalogs that carry products that are in your invention's category.

   If you find the invention already on the market, you need to stop your efforts on that invention and begin working on another idea you can pursue in its place. Don't let this stop you from trying to market a new idea.

   If you don't find your new invention on store shelves and in catalogs, you need to ensure that a patent hasn't already been applied for, for a similar product, via the next step listed below.

2. Get on a computer and do a "patent search" to see if someone has applied for a patent on the same or very similar invention. Although you might not find your invention already being marketed on store shelves or in catalogs, it's still possible that someone has applied for a patent on a similar invention but has not launched it onto the market yet.

   You can do a patent search on search engines first, as a basic second step. Simply name your invention's purpose in several different combinations of search words. For example, if your invention is a new type of dog collar that serves some type of unique purpose, describe this purpose in your search terms. There are many patent-viewing type websites now available that have helped get U.S. patents indexed highly on all of the search engines.

   If that doesn't yield any results, you should go to the "U.S. Patent & Trademark Office" (USPTO) website and do a more thorough search.  At the USPTO site, you can rule out the possibility of infringing (copycat product) on another existing patent or patent pending (applied for and awaiting approval).

3. Mail an outline of your invention to yourself or have your invention witnessed in writing, by someone you trust. This method is simply to give your invention a "date of originality." By mailing a detailed description of your invention to yourself in a plainly postmarked and sealed, self-addressed stamped envelope, or by having a friend or relative you trust sign a document stating that he or she witnessed your invention on a specific date, you'll get an official "date of conception."

   This does not protect an invention, but gives a date that can be referred to in case another invention applies for a patent pending close to or on the same date. While this is rare, it does occasionally happen and patent attorneys refer to this scenario as "inventions being in interference," meaning the patent applications were applied for at dates very close together.

   In these types of rare cases, a "date of conception" document can be referred to and will help establish the earliest date of conception. The inventor who has this would likely be the one allowed to receive the patent pending status on their invention.

4. Obtain a "patent pending" for your invention so that you can proceed with marketing under protected status. It is valuable to apply for a patent on your invention because this immediately puts it under "patent pending" status. With a patent pending, you are allowed by U.S. Patent Law to place this term on your packaging and sales materials. A patent pending is not an approved patent, but protects your invention because your date of application prevents someone else from coming in behind you and applying for a patent on the same or a similar invention.

The USPTO has a program called the "Provisional Patent Program" and many inventors are not aware of the revised version of this program. Under this recently revised program, an inventor (small entity) can apply for a provisional patent, for a cost of $100.00 (cost as of year 2007). Once applied for, an inventor has one full year to test the market with his invention and follow up by completing the patenting process for that invention. This is a valuable program since completing a patent can cost several thousand dollars. This program allows time to see if a patent is worthwhile on a particular invention.

These are steps to help you establish the value of your invention and to get the necessary protection for it. Once you have done this, you can then pursue marketing the product/invention yourself or you can pursue getting a "License Agreement" for it. A license agreement is a contract you enter into with a manufacturing/marketing company that can perform these duties and simply pay you a percentage of the sales.

In future articles, I will cover some of these other aspects in regard to invention marketing and licensing.