Kitsap Peninsula Business Journal
7-11-2005
SPECIAL REPORT - THE BUSINESS OF LAW
Filing a patent — The right way

All is takes is a good idea for a new product to be born. Look at reality NBC series "The Apprentice" — potential apprentices of Donald Trump have created everything from sellable ice-cream flavors to office organization tools in days, sometimes in 24 hours!

Perhaps you have an idea for something that will revolutionize how we live. Many of the items we rely on every day were once the musings of resourceful individuals. Where would we be without the asphalt roads created by Belgian immigrant Edward de Smedt; William Kent's baby-carriage design; or Ron Popeil's "Showtime Rotisserie Oven and Barbecue?" However, an idea is just an idea unless it is secured and protected by a patent.

Types of U.S. patents

Before you can apply for a patent, you must first determine under which category your idea falls. There are three types of U.S. patents and corresponding applications, according to the United States Patent and Trademark Office (USPTO):

Utility Patent: Used for anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvements of existing products.

Design Patent: May be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

Plant Patent: Applies to anyone who invents or discovers, and asexually reproduces any distinct and new variety of plant.

Application Process

Each year, the USPTO receives 350,000 applications for a nonprovisional utility patent -- the most common form of patent. Therefore, in order for your invention to actually be reviewed and considered, do your homework and file your patent correctly. This can be done electronically or by mail. The USPTO has specific instructions for filing, and the process can be daunting for many. According to the office's official Web site, your application should include at least the following:

Utility Patent Application Transmittal Form or Transmittal Letter

Fee Transmittal Form and Appropriate Fees

Application Data Sheet

Specification (with at least one claim)

Drawings (when necessary)

Executed Oath or Declaration

Descriptions on what each element entails can be found online at: www.uspto.gov/web/offices/pac/utility/utility.htm. Keep in mind that these instructions include such specifics as the size and type of paper used for the application (standard letter), drawing views and brief descriptions, history of the invention, as well as particulars on the legibility of the application. In addition, since filing a patent is a legal process that entitles you to the rights to market and sell a product or idea, it may be wise to seek the expertise of a patent attorney who will know the ins and outs of the process. While it will mean you'll have an additional up-front expense, it could save you money in the long run by making sure the patent is filed correctly.

Beware of Scams

There are many invention services out there claiming that they'll help you get a patent filed and your product to market. Few of these services are legitimate. Often, they'll provide a free assessment of your invention to see if it can feasibly make it in the consumer market. Most often, your idea will be given the green light, and then you'll be solicited to pay certain fees to cover research and development costs accrued by the company in its efforts to bring your idea to fruition. Seldom will you recuperate these costs by your invention getting patented and to market.

Before using an invention service, check out its legitimacy by contacting the Better Business Bureau (www.bbb.org) to see if any claims have been filed against the company. Remember, patenting an invention is a complicated legal process, and anyone who promises you a get-rich-quick scenario is most likely engaging in less-than-honorable dealings.