I have an invention idea…now what?

So you have an invention idea…well answer me this… What do Teflon, Corn Flakes, Silly Putty, and Penicillin have in common? They were all invented accidentally while trying to create something else.

The history of inventions is a fascinating and winding road that could take years to unpack. But you have an idea now! So what do you do and where do you start? Well buckle up, from patents, inventive steps, processes, and secrecy, you’ve got a lot to learn.

Where do I start if I have an invention idea?

At the beginning of course! After all, everything begins with the light-bulb above your head. You were out, living your best life and the thought crossed your mind. What if? The idea seemed so genius and unique that you immediately got goosebumps and went in search of the best way to move forward. That’s how you ended up here. Well, first things first…you get an inventor’s journal.

The Inventor’s Journal

I know what you’re thinking. It’s just a notebook. Why would it be a required first step? Well, an inventor’s journal isn’t just any journal. There are requirements to what type of notebook it can be and a specific reason for its use.

An inventor’s journal is used to record your inventions, yes. But beyond that, it can be used as proof of conception date. It has to be a bound notebook where the pages cannot be removed and reinserted. Every time you write in it and record anything in its pages, that entry has to be signed and dated by a witness.

You write every single thing that is connected with your invention in that notebook and it MAY be used in a court of law to establish your claim in case a pesky thief decides to try and patent your idea.

It may be used in court, but it may not as well. In 2013, the United States shifted from a “first to invent model to a “first to file” model. Before 2013, the first person who could prove they came up with the idea would win in court. After 2013, it’s now a first to file (with provisions of course). So, you do need your inventor’s journal, but that isn’t going to stop the courts from siding against you if you take too long to file a patent.

And side note, an inventor’s journal holds more weight in court than digital records because it’s easier to fake digital records. So do yourself a favor and get one.

Just because you have an invention idea, doesn’t mean you are alone

No matter how unique your idea is. And no matter how unknown or new it seems, check to see if a patent already exists. You would be surprised the amount of patents that are sitting around unused. Some companies and people patent things for the sole purpose of stopping their competition from using those inventions or claiming those patents. Even if they never plan on using them.

In fact, the National Science Foundation published a report that found that many Research and Development branches used patents to block competition and raise the costs of development of their rivals. It’s called strategic patenting. Some small businesses and entrepreneurs even obtain patents for the sole purpose of receiving funding or getting investors.

So do an initial patent search here. And while you’re at it, do a “prior art” search.

Prior Art?

Prior art is the term used to describe the information made public about an idea. Even if your idea has not been patented, someone might have their own inventor’s journal with a detailed description of it. So when you are searching for the Prior Art, you are looking for evidence that someone came up with the concept and made it public (written or otherwise).

So do your due diligence! And if you can, hire a patent attorney to do the search for you.

Prototype?

Are you able to make a prototype? If so, do that. Maybe you don’t have the proper materials that you need to make a working model. Don’t let that stop you. Start with drawings, the more intricate the better. Then make a 3-D concept mockup. I dont care if you make it out of silly putty or popsicle sticks. A non working model has a better chance of drawing investors than an explanation and a drawing alone.

Once you’ve got your mockup, if possible, create your fully working model. Now, obviously, not all patents have the ability to be created as a working model. Whether from lack of funds, or lack of technology, sometimes it just can’t be done. But don’t worry, and don’t let that stop you.

Have an invention idea? File a patent!

This isn’t the final process for all inventions. But it is arguably the most important. You can file for a patent online with the United States Patent Trademark Office (USPTO).

Be warned! Nothing is free. From filing, to maintaining (every few years), to a patent search…there are fees. Here are just a few of them.

Filing Fees

Don’t do this if you have an invention idea!

In every industry and field, there are horror stories. Things that happened that became warnings to for future. The same is true with patents and inventions. So if you have an invention idea…

Don’t tell anybody about your invention.

Don’t be too open to joining a crowdfunding: too many eyes on your precious invention idea!

Do licence your idea.

Be selective about who you partner with.

Do use Non disclosure agreements.

Document every phone call and meeting about your idea, even with the biggest companies. Rich people and companies steal more than poor people do.

Do learn about the laws surrounding intellectual property.

Do understand all manufacturing techniques that involve your idea.

And when in doubt, do hire an attorney.

The truth about patents

You will inevitably have a million questions and misconceptions about patents. Everyone does! For a consolidated list of the patent laws, check out this free online patent law publication. A patent is a legally filed writ of ownership that you hold for a period of several years that allow you sole responsibility and ownership of an idea or work. A patent on file, will allow you to market and protect your invention. It is the inventor’s 2nd best friend, behind creativity of course.

What is a poor man’s patent?

A poor man’s patent was a concept that some inventors and writers used instead of patents. They would mail a copy of their work to themselves. In theory, it was supposed to prove they came up with the idea first and provide the date of conception. This is not a valid form of proof. I REPEAT! This is not a valid form of proof. It doesn’t hold weight in court like an inventor’s journal.

How much do patent’s cost?

That depends. Basic Filing fees can range anywhere from $50 to $300. And those fees range from Design to Utility. Then there are the multitude of other fees that you can incur. Filing a non-english translation patent? That’s $35 to $140. Need a reissue after a certain amount of years? That’s between $400 and $7400. The fees range from reasonably small up to $22,000 dollars for intricate filing processes (most people never have to pay this fee). Be prepared to spend between $200 and $850!

Why are Patents so expensive

Because they are valuable. A patent basically gives you ownership of an idea. Anyone who wants to use that idea to make millions of dollars has to go through you. You are the gatekeeper. Which means you can effectively name your price.

Anyone who infringes upon your ownership, can be held liable. You can sue them and be granted millions of dollars. A patent is an insurance against thieves and leverage to be used for profit(if you desire). The old adage, “You get what you pay for”, comes into play here.

Can you protect an idea without a patent?

No. There is no legal way to protect your idea or invention against being claimed by someone else without a patent. Even an inventor’s journal would only be used in your favor to sway the courts if you happened to be filing a similar patent to someone else at the same time.

Let’s be logical. If you don’t have a patent and you meet with a company about selling them your idea, what’s to stop them from getting all the info (or even a portion of it) developing it further without paying you and patenting it themselves? For that matter, what’s to stop your friend, or coworker from doing it? Nothing!

What can you not patent?

First off, all patents must meet 4 qualifications:

• Demonstrate aesthetic design or functional utility, depending on whether you’re applying for a design patent or a utility patent.
• Show novelty compared to existing products, inventions, or designs.
• Prove uniquenesss and non-obviousness to individuals with ordinary skills in the field of the patent. Otherwise known as “Inventive Step”.
• Provide a complete explanation of the design or invention, with full details and specific examples.

But there are some things that can never be patented, even if they do meet the criteria. Theoretical ideas, and abstract ideas..not patentable. The elements or physical acts, nope. Laws of nature, try again. Surgical procedures, absolutely not.

How hard is it to get a patent?

That also depends. Are you going to hire an attorney or do the work yourself? The most difficult part of the process will probably be defining your idea. The hours that will go into figuring out how a thing should work and what materials it should be made out of might be exhausting.

Drawing out schematics, building mockups and drawings will take hours (but maybe you are an artist or a mechanical engineer). Definitely the hardest part. After that, the search process of finding out whether or not someone else has already come up with your idea. Figuring out what companies to approach or whether to market the invention yourself will also take a fair bit of market research.

If you have an invention idea, can you sell an idea to a company without a patent?

Selling an idea to a company is called licensing. Many inventors license their ideas through companies because the companies have the technology and financial resources to fully develop their ideas and inventions.

So, if you have an idea, can you license it without a patent? Why yes, yes you can. It’s called a Non-disclosure agreement coupled with a provisional patent issued from the USPTO and an inventor’s journal. Those 3 things combined can effectively allow you to approach different companies and investors safely without having to fear they can get away with stealing your idea.

I have an invention idea but is it patentable?

Well, in order to know that, you’ve got to ask yourself some questions.

Is it either one of these: laws of nature, physical phenomena, abstract ideas, and non-useful objects? Then no!

Is it useful? Have you made sure it is non-obvious (Inventive Step)? Is it novel? Has it been thought of already?

Hundreds of thousands of patents are requested every year (most will never see the light of day and are worhless). But that doesn’t mean that you should feel discouraged.

Necessity breeds invention! So never quit looking for ways to innovate and improve upon the human experience. That is part of defining the entrepreneurial spirit!