Sunday, November 25, 2007

Patent An Idea

To merit a patent, an invention must be useful, novel and non-obvious (a search of the prior art may be instructive) and described in detail in a patent application ending with one or more claims.

We often ask inventors whether they have tried out their ideas (or concepts) and, if not, why not? It is common experience that ideas may not work as planned. Often, it is in solving the unanticipated problem that the truly useful and meritorious invention is made -- one which deserves and benefits from the issuance of a patent.

On the other end of the spectrum, inventors sometimes wait too long to file a patent application. There are statutory bars -- the U.S. has a one year "grace period" -- most countries require "absolute novelty." Moreover, another inventor may independently make the same invention and win the race to the Patent Office, which creates complications, to the say the least.

Generally, the best practice is for inventors to file a patent application as soon as their invention is "ready for patenting" and before any publication, public use, sale, or offer for sale of the invention.

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