How to Patent an Invention
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- Опубліковано 22 лип 2024
- How to patent an invention
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In this video I explain how to patent an invention. I show you exactly what I think would be the best practice to protect your invention with a patent.
When you think you have made and invention, first maybe try to do a good search in Google and see, if anyone else has come up with the same idea. Once you find out that you have found something new, do not talk to other people about your invention, because a patent needs to be new and anything made available to the public even just talking can be novelty destroying.
The US patent law provides an exception to this rule: if the inventor discloses the invention to the public within the 12 months before the filing date of the patent application, then it will not be considered novelty destroying. However, please note that the same disclosure by the inventor will be seen as novelty destroying in most other countries. So better try to enter into a secrecy agreement or non-disclosure agreement with anyone you need to talk with before filing the patent application. One exception is the patent attorney. Your patent attorney is bound by the law to keep everything a secret you tell him, except you allow him to disclose that information.
I strongly suggest that you seek advice from a patent attorney. Drafting a patent application is a quite difficult task and your patent attorney will know all the relevant caselaw that may need to be taken into account. Once you have the feeling that your patent attorney really has a deep understanding of your invention, then he should conduct a prior art search to find publications disclosing very similar concepts to your invention.
In a next step, you and your patent attorney should identify as many differences to the other prior art documents that you can find. For each difference you should also identify an advantage that is associated with this difference. Having this list of differences and connected advantages together with the deep understanding of your invention, the patent attorney should have everything to draft a really good patent application. You need to be really critical with your patent attorney, because you cannot add anything to the description after you have filed the patent application.
Once your patent attorney has filed the patent application for you, the examiner will start his own search for prior art and will probably ask you to limit the filed patent claims. In most cases, this discussion with the examiner will lead to a granted patent.
I hope I was able to show you, how to patent an invention. If you are new to my channel and want to learn more about patents, trademarks and designs, please subscribe to my channel. If you liked the video, give me a thumbs up and hit the like button. I will answer all questions and comments below this video. And don’t forget: protect your intellectual property and go make it count!
Keywords: Rolf Claessen, Patentanwalt, Michalski · Hüttermann & Partner, Patent Attorney, how to patent an invention
Other useful websites:
IP Fridays - www.ipfridays.com (intellectual property podcast)
IP Newsflash - www.ipnewsflash.com (intellectual property news portal, free patent PDF download, free patent family search)
About Rolf Claessen
Rolf is patent attorney of IP boutique law firm Michalski · Hüttermann. The firm is managing about 4500 trademarks and 6500 patents and patent applications for mostly domestic medium sized clients in Germany in many technical fields.
The focus of his practice is the prosecution of trademarks and patents and other intellectual property rights. His expertise in patent prosecution encompasses a deep understanding of patent law, prior art searches, prosecuting patent applications, patent drafting, opposition and defending against competitors. With the team at Michalski · Hüttermann, he strives to be the external IP department for many medium sized companies.
Rolf has been included in the Patent 1000 rankings of the IAM magazine ever since 2013. And he is included in the WTR1000 ranking in 2015.
Contact Rolf at
Dr. Rolf Claessen
Michalski · Hüttermann & Partner
Speditionstraße 21
D-40221 Düsseldorf
Germany
Telephone: +49 211 159 249 0
Facsimile: +49 211 159 249 20
Email claessen@mhpatent.de
www.rolfclaessen.com
Legalese and Disclaimer
You have been watching a video by Rolf Claessen. The views expressed by the participants of this program are their own and do not represent the views of nor are they endorsed by their respective law firms. None of the content should be considered legal advice. This video should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents of this video are intended for general informational purposes only and you are urged to consult your own patent attorney on any specific legal questions. As always, consult a patent attorney.
Thank you so much for this information.
How do I trust that google will not pick up and steal my idea, they save everything that you search?
thanks for sharing the basics of patent methods. is the cost of patterning design to uses in different structures for scientific progress and product line differs?
how costly it can get?
Hi, would you consider doing a video on Utility Model or Patenting a Process /Method? Thanks
Good starting information about how to start. My concern, as others have voiced, is trusting the patent attorney. Can you recommend 3-5 great patent attorneys in Los Angeles, California?
I was honored with having helped network a April 25, 2015 MSU-B COB/University of Montana "3N Technologies/TBI/PTSD" Finals project and feasibility study program Patent (pending) Software plan to USPTO Reviewers for response.
Hi,. Thnx for the tips. Would you say that applying for a patent using the NOLO patent it yourself books is sufficient? I know you said to use a lawyer but the costs can be high. By using the book is it possible to be granted a defendable patent? For design patents, I would think it would be much easier to go through the process yourself no? It's just a few pictures. I don't think many people are going to pay for the Lexus Nexus service. Can you recommend a low cost of free search service? I don't trust google or eBay searches btw. thnx
Hi Expert
Is there a rule covering how reference numbers need to be narrated in the detailed description? I mean, is there a rule to follow where when describing the invention, reference numbers being mentioned must be mentioned in ascending order only? For eg. Can we describe in this way :
Car 100 comprises an engine 120 and a carriage 110.
Or is it that we must write it this way :
Car 100 comprises a carriage 110 and an engine 120?
Must the numbers be mentioned in ascending order only?
Is it easier to go to a company who has the base of the invention and pitch the idea(a huge improvement comparison to breaks on a car for instance) to them(such as ford) or can they just take the idea and produce it and you loose out? Or is there a way to do this and be prote tes from them stealing your idea?
do I need to draw it in cad? How can I ensure I'm patented for all sizes and slight variations?
Many thanks
I am scared my idea can be easily stolen by using search !
Also how can i trust attorney himself by letiing him him know my plan and give him all details ?
That is a very valid question. This is about trust. In my case, for example, I would be jobless, if anyone could show evidence, that I disclosed confidential information. KI would not risk that because I really like being a patent attorney.
I also have the same fear. But am still considering the support from a lawyer.
What if your invention has been around since Jesus but it's modified or different?
I like to share a common problem faced by newbies drafting the descriptions.
It is about the Interpretation of a rule related to patent drawings :
37 C.F.R. 1.84 :
(4) The same part of an invention appearing in more than one view of the drawing must always be designated by the same reference character, and the same reference character must never be used to designate different parts.
Question :
1. Is the View and Drawing mentioned referring to one angle of looking at one particular embodiment drawing or does it mean any and every view for all drawings , views of all embodiments within the detailed description?
1. Some have interpreted the rule to mean that exactly the same part of a particular embodiment must be referenced using exactly the same reference number within the description for that particular embodiment. So, different numbers can be used to reference the same part with some differences in form in different embodiments. For example, one number range per embodiment. And I can find such granted patents.
2. Others , which appears to be the majority, interpreted it to mean the same part must be referred to using exactly the same reference number and by View it means views across all embodiments. There are also such granted patents .
Where the rule is creating confusion:
1. It uses the word drawing. What is drawing ? One drawing ? If one drawing, it can mean just one embodiment. Or does it mean every drawing?
If the word DrawingS is used, it could mean views of all embodiments.
2. What is meant by a View? A view of one embodiment or views across all embodiments?
3. I see the problem originates from the fact that English allows for different interpretations no matter how clearly it is written. And the Best Practices supersede possible alternative literally valid interpretations. So it depends ultimately on the judge and then the federal judge.
Why is there no clarity?
Google images works great for patent searches also . inventors seam to title there patents with a name that has nothing to do with it .
when I have time I will share with you some things about the patent system that I have learned over the years. thanks for taking the time to teach people about patents your awesome.
How much do you charge European PPA?
I have many inventions but could you please help me
I've wanted to search for some of my inventions or "ideas" on the internet but fear that someone or the internet would take idea or invention and basically steal it lol sucks...
haha that's not going to happen - it's the execution that hard.
@Bailey W. I've been talking to some friends with more experience than myself on the subject and if I recall correctly the jist is to create and document the prototype item. Even if it's a rough sketch... I wish I wasn't so intimidated, scared and lazy about creating and investing in something I believe doesn't exist yet or an improved version of... Because I have several of those in my head... Honestly that's the difference between those that get it done and those that don't... Am I doomed to have an idea only to see it in the real world ten years later? Hopefully not but it is possible lmao 😆*best of luck on your endeavors ✌
Hey David I really hope you followed through with your invention!!! I am having this same problem. Have had the same idea in my head for almost 2 years and have yet to do anything yet. will not search it online because I also don’t want my idea stolen lol
I made my own VERSION of a tool that’s already out there-
That's innovation not invention
I made my own fuel lock system with some software and hardware (like solenoid valves) . Is this is invention or innovation ??
You clearly didn’t listen lol
Any advice for someone aspiring to become a patent attorney?
What type of majors are best for patent law? Currently I plan to major in Physics and Pre-law next year. What are some ways to best prepare yourself for the Patent Law field? General questions like that and anything in addition will be greatly appreciated. Thank you
Rolf Claessen awesome, thank you so much
Can I please get your contact info and what state are you in
I have an idea for a device to make police officers' jobs safer, but my prototype would require using existing products to build it. How would this effect the patent process?
The best advice about patenting your invention is DON'T! Put a single nickel into something without a proven market. First thing you do is look for things like it or on Google patents, not the USPTO. The internet is great for knocking ideas out which is the first step, it will save you endless agony. And do bear in mind only 3% of patents make back what is put into them. The only ones that always come out on top are as usual, the lawyers. One in a million independent inventors make more money than they do.