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Tem Tips for Inventors! Ten Tips for Inventors


  1. KEEP CAREFUL RECORDS
  2. PROCEED WITH DILIGENCE
  3. DEVELOP A PROTOTYPE IF POSSIBLE
  4. KEEP YOUR INVENTION CONFIDENTIAL
  5. AVOID USING YOUR EMPLOYER'S RESOURCES
  6. CONDUCT A PATENT SEARCH
  7. EVALUATE THE MARKETABILITY OF THE INVENTION
  8. CONTACT PATENT COUNSEL
  9. FILE A PATENT APPLICATION BEFORE MARKETING YOUR INVENTION
  10. MARKET YOUR INVENTION WISELY

Ten Tips for Inventors

1. KEEP CAREFUL RECORDS
As soon as you conceive your invention, prepare a complete description of the invention including all details and information necessary to enable someone of ordinary skill in the relevant industry to make and use the invention in a bound notebook. Include sketches in your notes showing all parts and features of the invention. Update your notes with new entries relating to any new developments, tests and results, analyses, descriptions of prototype development, etc., and save all related receipts and documents. Include detailed descriptions of activities, participating individuals, and invention descriptions, and permanently affix any loose documents such as photographs into the notebook. Use pages consecutively, and line through any blank pages or portions of pages. Sign and date each entry of your notes, and preferably have each entry witnessed or notarized in confidence. The practice of sending a certified letter to yourself with a description of the invention is not an effective way to create evidence of your invention conception date.

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2. PROCEED WITH DILIGENCE
Be diligent in developing your inventive concept either into an operable prototype, or to the point of filing a patent application. Be sure that your records reflect your diligent activity in proceeding.

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3. DEVELOP A PROTOTYPE IF POSSIBLE
A model or prototype is not necessary in order to file a patent application. However, it is advisable to create an operable prototype before filing a patent application because the details and design of an invention invariably change during this development stage. If it is feasible, proceeding to the prototype stage, either on your own or using the services of a model maker or 3-D image designer (with the use of a non-disclosure agreement) can be very beneficial with respect to obtaining a scope of patent protection which is commercially reasonable.

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4. KEEP YOUR INVENTION CONFIDENTIAL
Maintain your invention in strict confidence prior to developing a strategy with a patent attorney. Any public disclosure, use, sale, or offer to sell of your invention will trigger the beginning of a one year grace period, after which U.S. patent protection will be barred for your invention if no patent application has been filed. If seeking foreign patent protection is a possibility, at least a U.S. patent application must be filed prior to any public disclosure. If you must disclose your invention for any purpose to anyone other than a patent attorney, use a non-disclosure agreement.

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5. AVOID USING YOUR EMPLOYER'S RESOURCES
If your invention does not relate to your employment and is not for the benefit of your employer, do not work on your invention on your employer's time or using any of your employer's facilities, equipment, or premises. This will help avoid a dispute with your employer over the rights to your invention.

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6. CONDUCT A PATENT SEARCH
Conduct your own preliminary online patent search using a suitable web site such as the Delphion Intellectual Property Network or the U.S. Patent and Trademark Office Database. Keep records of any patent numbers or citations of all patents and publications you uncover having any relation to the invention and put together a list of these references for your patent attorney and for later submission to the U.S. Patent and Trademark Office. Then, have a professional search conducted and analyzed by a qualified patent attorney.

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7. EVALUATE THE MARKETABILITY OF THE INVENTION
Before investing in a patent application, research the market including price points of similar products, and use available resources to perform an analysis to determine whether there is enough market potential for your invention to justify the costs of a patent application. Obtain an objective opinion, in confidence, regarding the market potential of your invention. Avoid using invention promotion firms which often charge excessive rates and promise more than they can deliver. Understand that proceeding with a patent application must be considered a business risk, as there are no guarantees that a patent will be granted, and there are no guarantees that your invention will be profitable. Balance the costs and risks ahead of time, and be willing to accept the possibility of a loss.

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8. CONTACT PATENT COUNSEL
Retain a registered patent attorney with whom you feel comfortable working as early as possible. Develop a strategy with your attorney, and inform him or her of your objectives. Make use of his or her expertise in preparing a patent application which will seek effective protection, and in navigating the complex laws and procedures involved in the patent process.

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9. FILE A PATENT APPLICATION BEFORE MARKETING YOUR INVENTION
Once your patent application is on file, you should choose whether you desire to manufacture and sell a product embodying your invention, or whether you wish to license or sell your rights to a third party. Many companies will not even agree to review your invention if a patent application is not at least filed. While your patent application is pending, you should still attempt to have prospective licensees enter into a non-disclosure agreement with you.

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10. MARKET YOUR INVENTION WISELY
If you choose to seek a company willing to license or purchase your rights in the invention, you should expect considerable time and effort to be necessary. Research the industry and compile as large a list as possible of target companies who might be interested in your invention. Determine which individual or division of the company is responsible for reviewing outside inventions and approach them in a professional manner with a well drafted letter and product brochure. Consider creating a web site to illustrate the invention. Follow your correspondence with a telephone call. If you find an interested company, ask your patent attorney to assist in negotiating a license agreement which will be of benefit to you.

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