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One type of home business that is unlike any other: the inventor. If you've invented something, chances are you do not have the resources to mass produce yourself – it will send the plans and designs to someone else to do in his factory. In doing so, however, how can you protect against theft of your idea by them, or anyone else who sees it? The answer is patent registration.
What is a patent?
A patent is when the government gives the exclusive right benefit from an invention for a specified number of years. If someone tries to sell something that is covered by its patent, then you have the legal right make a choice between paying a licensing fee or stop.
Each patent has a patent number – You may have seen 'Pat No printed on some things, followed by this number. You may also have seen 'patent pending ", which means that the patent has been applied but not yet granted.
His invention should qualify.
Not all inventions can be covered by patents. Check that your invention meets these two requirements:
It's new and secret? You can not have showed your invention publicly before filing a patent. Whatever you do, do not take your invention round and show people before thinking about the patents – may make it impossible to get one.
Is not it obvious? Your invention must not be something that would be obvious to experience in their chosen sector. This is to stop people rushing to patent things that anyone could imagine, and then charging high fees for its use.
In addition, you can not request a patent for any of the following: a scientific or mathematical theory or method, a work of art (books, plays, etc. – computer programs are included), a way of doing things (for example, a new business method). Many of these things are, instead, covered by copyright. Patents are intended to real physical inventions.
Where can I get one?
Wherever you live, chances are you have a government agency called a "patent office", or similar. There are also patent agencies for larger areas, such as the European Patent Office or, ultimately, WIPO (World Intellectual Property Organization).
To begin, you must apply for a patent in the patent office of their country – it is best to get a lawyer to guide you through this, and make them sign an NDA (nondisclosure agreement, a contract saying he would not tell anybody about your invention). Depending on your country, this can be absurdly cheap or really expensive.
Once you've done this, usually only have one year to file a patent you may want to the rest of the world. You usually had to apply individually for each country in which I wanted a patent (this got very painful and expensive very quickly). Now, however, Now you can take advantage of the PCT (Patent Cooperation Treaty), allowing you to apply once and eventually receive protection in all 126 countries that have signed the treaty.
You may ask a PCT patent either through the patent office of their own country, or through the office of WIPO in Geneva. Once more important to stress that you really should get a lawyer if you plan to go through this process, such as international patent law is not especially intuitive or easy.
You should be aware that if your patent application is rejected at any time, you will not get their fees back – although you can apply again, if you want to pay again.
What if I do not get a patent?
If you have looked at the prices, you may wonder: What's the worst that could happen to me if I did not get a patent? The only answer I can give is that you happen to explain the idea that you can steal and you will not be able to nothing. Moreover, once your invention does not come on the market, success attracts many imitators, and they will probably be able to produce your invention cheaper by sacrificing quality.
In essence, a patent provides protection against competition – but if you think you could do well in the market, regardless I had many imitators, then maybe patents are not for you.
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