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Although the patent examiner will perform an
extensive patent search when you file your
patent with the USPTO, I would suggest
performing a patent search to see if a
patent has already issued that would effect
the patentability of your invention. There
are two Websites were you can perform a free
patent search
www.uspto.gov and
www.FreePatentsOnline.
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Take your time and be as thorough as possible when designing your
invention or someone else will. Hopefully you are one of the 3% that
is successful. You obtain a patent, get your product to market and
your product is a success. This doesn't guarantee that someone else
won't come along and design a better way of accomplishing what you
did and acquire a patent that performs the same function.
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Document each step in the development of your invention, have it
witnessed and or notarized. Most banks have a notary. I would also
recommend adding to your documentation any trademark names that you
would like to associate with your invention. You can search the
availability of trademark names at
www.uspto.gov.
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Build and test a prototype. This will help you to perfect your
design and it will also be a good indicator of whether or not you
should continue to pursue your invention. Depending on the invention
you can often build the prototype yourself or with the help of
friends. If necessary their are companies that can build a prototype
for you. Look in the yellow pages and on the Internet.
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Locate a patent attorney that is willing to
take the time to explain the entire process
and answer all of your questions. I don't know
of any patent attorneys that won't give you a
free consultation. Ask him or her what the
difference is between a utility patent, design patent
and a provisional patent. Ask which is most applicable to
your invention and situation. It may be in
your best interest to file more than one
patent type. The average utility patent
currently costs $10,000.00. If money is an
issue, you have the option of which type of
patent to file and the number of patents to
file. Whether or not you file for a design
patent or utility patent you have up to a year to file for the
other type of patent once the initial patent
issues. You must accept some of the
responsibility to insure that the quality of
your patent application is the best that it can be. No one knows
your invention, its advantages and uses better than you. Generally
speaking your patent is only as good as the information that you
communicate to your patent attorney.
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Attempt to license your product to a company that can incorporate it into an
existing product line. It's difficult if not impossible to market a
single SKU product, especially one that is unproven, even if you,
your friends and the people that you have shown it to think it is
the greatest thing since sliced bread. It's more difficult today
than in the past for a new vendor (you) to do business with major retailers.
Major retailers do not want to go through the
work involved in setting up a new vendor in their system, especially
for a single SKU product company, both of which do not have a
proven track record. You can research potential companies to license
your product/patent by visiting retail stores and performing
research on the Internet. Royalty agreements typical range from 3 to
5%, but can go as high as 8 to10% or higher if they really like
your product. The royalty agreement percentage is typically based on the
wholesale price, which is the price that the retailer pays the
manufacturer for the
product.
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It's very likely that your patent will initially be rejected. In
addition to responding to the examiners arguments, make a strong
attempt to write an additional claim or claims. It will increase
your chances that the patent will be allowed.
