Posts Tagged: "independent inventors"

In reality, it is probably better to think of the description requirement as the core to patentability. If you can describe your idea with enough specificity you no longer have an idea, but rather have migrated past the idea-invention boundary, which means you have something that can be patented if it is unique. The crux of this so-called adequate description requirement is that once the first four patentability requirements are satisfied the applicant still must describe the invention with enough particularity such that those skilled in the relevant technology will be able to make, use and understand the invention that was made by the inventor. For the most part, and from a legal perspective, this requirement can be explained as consisting of three major parts. First is the enablement requirement, next is the best mode requirement and finally is the written description requirement.

Due to the laws of nature, and the reality that there are only a finite number of solutions to any particular problem, every generation invents, or re-invents, many of the same things. Thus, it is always wise to do a patent search to start the process. I guarantee a patent search will uncover inventions that you did not know were out there. With over 8.5 million utility patents having been granted in the U.S. and well over 1 million pending patent applications, and millions of other published but abandoned patent applications there is always something that can be found that at least relates in some ways. You are always better off knowing about those related inventions. This allows you to determine whether moving forward makes sense, and it also allows for a patent application to be written to accentuate the positive, and likely patentable, aspects of an invention.

Without a patent pending you also don’t have anything to license other than an idea that lacks tangible boundaries. While that is not always an impediment to moving forward, the further you can develop your idea the better. The more tangible the more valuable. So an idea is worth something to some people, but an idea that has taken more shape and is really an invention is worth even more. An invention that has been defined in a provisional patent application is worth more, and of course an issued patent takes away much of the risk and questions associated with whether your invention is new and unique. But now we are getting ahead of ourselves. The business of inventing needs to be considered a marathon — not a sprint. Take things one step at a time, proceed deliberately and invest little by little and only so long as it makes financial sense. That is why starting with a provisional patent application is frequently the best thing to do.

Ray Niro writes in defense of independent inventors: Can anyone cite what section of the Constitution or the patent law reserves the right to obtain and enforce patents exclusively for large manufacturing companies? And how can an individual or small company compete against a large company that decides to copy without concern for the cost or risk of litigation? My plea to those in power is simply this: listen to both sides before you act, please. Stop categorizing all NPEs as bad. Go after abuse where it actually exists. And, please: protect American inventors and invention, not those who copy innovation.

Licensing is relatively easy and potentially less risk financially and less time consuming, but licensing also has its negatives. So I went to Surf Expo with my wife to help us decide what to do… At the tradeshow, we found that the President of the Water Sports Industry Association loved our product, but he warned us that if we were to license this product into the existing market that what we would find was two-fold: one, they wouldn’t do it with the same heart, they wouldn’t have the same passion as the inventors and the team that created it and, two, they wouldn’t potentially invest the right amount of money into it and in some cases they may actually bury the product concept and prevent it from coming into the market, because they may see our product as competition to their market. It could have a potentially negative impact on say kneeboards. I was warned to stay away from licensing, in this particular case, and if we really wanted to see it grow, to go full-time into it. So I asked my two friends if they really wanted to take this on and I would be their mentor as they go through the process of beginning a company. So that took the stress off of me. I gave them equity in the new venture, which owned a full utility patent. They showed what they were made of and created a very successful business with a simple concept, “to help lots of people enjoy their time on the water!”

The patent system incentivizes innovation. This is accomplished by granting exclusive rights to inventors or the corporations who own rights by and through their inventor employees. This exclusive right dangles the prospect that if there is a market for the invention it can be exploited only by the patent owner. It is important to note, however, that patents do not protect ideas, but rather protect inventions and methods that exhibit patentable subject matter. In other words, a patent can only protect something that is considered patent eligible. Generally speaking, in the United States the view of what is patent eligible is quite broad.

When writing a claim it is important to describe how the various components are structured and how the various components interact and connect. First, include a claim that defines your invention in broad terms, leaving out any and all unnecessary options. Second, include another claim that defines your invention with as much specificity and with every option you can think of. It does not matter that the claims won’t be in perfect format, with appropriate being defined as the format the Patent Office will ultimately require. At the initial filing stage what matters most is that claims are present and they have appropriate scope, with some being broad and some being narrow and quite specific. By starting to write these two claims you will “bookend” your invention. By this I mean you have disclosed the very broad and generic version of your invention, as well as the highly specified version.