When you feel like you have an idea worth protecting, your first thought may be to get a patent on it. You can choose to sell those rights to a company and make money on your invention by allowing the company to market it and give you a percentage of the profits, or you can develop your own marketing plan and put the product on sale yourself and keep all the profits. Getting a patent is a long and complicated process, but it is necessary to ensure your interests are protected.

Starting the Process

Before you invest money into getting your idea patented, it is a good idea to first determine if your idea even warrants a patent. According to the US Patent and Trademark Office there are several types of inventions that will not qualify for a patent and they include; an occurrence in nature, an idea that cannot be quantified, a device with no useful properties and products that are deemed to be offensive based on public law. These determinations leave a lot open to speculation and create a gray area on what a qualifies for a patent. The best approach is to call the US Patent and Trademark Office and ask a representative if your invention falls under any of the disqualifying criteria. If you are told that your invention would not qualify for a patent as is, then ask what kinds of changes should be made to qualify for a patent.

Paperwork

Applying for a patent requires a great deal of legal paperwork and money to pay the application fee. To ensure your patent application is submitted properly, it is best to hire a patent attorney. A patent attorney will advise you on what kinds of information you need to generate to qualify for a patent and if you need to create any working models of your idea. The attorney will file the paperwork for you. It is important to get the filing correct because once your patent is filed and the U.S, Patent and Trademark Office acknowledges receipt of your application, you can then begin to market your product under the term "patent pending." A patent pending means you are protected under the laws of a patent while you wait for final approval of your application, and you can sue anyone who steals your idea.

Conflict

Sometimes two people get the same idea at the same time and they file their patent applications on the same day. While it sounds improbable, it does happen. In a case like this, the U.S. Patent and Trademark Office will let both parties know there is a patent conflict and that neither patent is pending. Then a hearing will be held to determine which inventor gets credit for the patent. This highlights two important aspects of getting a patent--always log your work with a dated log book to be able to prove when you started developing your idea, and apply for your patent as soon as possible.

Source:

Patent-FAQ.com: Ideas, Inventions and Patents

MoreBusiness.com: Why Patent My Invention and Other Patent Information

United States Patent and Trademark Office: Inventors Resources

More Information:

World Intellectual Property Organization: Frequently Asked Questions

Inc. magazine: Obtaining Your Own Patent Should be Easy