1. What does patenting my idea involve?
Patenting your idea is a rather involved process. The process requires some strong decision making skills on your behalf and a strong belief and motivation that your idea is worthwhile and noteworthy. We at Brainstorm Patents value everyone's ideas. We know that many ideas require a lot of time and effort to to see them through, and we respect anyone that has the drive to turn an idea into reality. One of the steps to turning an idea into reality is patenting your idea. This process typically begins with a patent search conducted by Brainstorm Patents to reveal existing patents and products that may cover the basic ideas and concepts of your idea. If the patent search comes up favorably, it is typical for an inventor to proceed with filing a provisional patent application with the USPTO. The provisional patent application serves as official paperwork documenting the details and filing date of your invention (think of it as a bookmark on a timeline). Once the provisional application is filed, you have obtained "Patent Pending" status for one year. During this year, it is strongly suggested that you begin to research the marketability of your idea. If the market is strong, most people will proceed with the filing of a utility patent application. This application is the final step in the process of patenting your idea. After an examiner reviews the application, it will be accepted and you will be given a patent number, or it will be denied and the idea must seek other avenues of protection.
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In order to patent your idea, it must meet certain criteria. Your idea must be novel, non-obvious, and useful. Typically, in order to be patented your idea must fall under one of the following: machines, articles of manufacture, methods or processes, compositions of matter. Ideas that fall under the following categories are not patentable: purely mental processes, mathematical algorithms or formulas, naturally occurring things, scientific principles, inventions solely useful in making atomic weapons, and human beings.
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3. What is a provisional patent?
A direct quote from the USPTO:
Since June 8, 1995, the USPTO has offered inventors the option of filing a provisional application for patent which was designed to provide a lower cost first patent filing in the United States and to give U.S. applicants parity with foreign applicants. Claims and oath or declaration are NOT required for a provisional application. Provisional application provides the means to establish an early effective filing date in a patent application and permits the term “Patent Pending” to be applied in connection with the invention. Provisional applications may not be filed for design inventions.
The filing date of a provisional application is the date on which a written description of the invention, and drawings, if necessary, are received in the USPTO. To be complete, a provisional application must also include the filing fee, and a cover sheet specifying that the application is a provisional application for patent. The applicant would then have up to 12 months to file a non-provisional application for patent as described above. The claimed subject matter in the later filed non-provisional application is entitled to the benefit of the filing date of the provisional application if it has support in the provisional application. If a provisional application is not filed in English, and a non-provisional application is filed claiming benefit to the provisional application, a translation of the provisional application will be required. See title 37, Code of Federal Regulations, Section 1.78(a)(5).
Provisional applications are NOT examined on their merits. A provisional application will become abandoned by the operation of law 12 months from its filing date. The 12-month pendency for a provisional application is not counted toward the 20-year term of a patent granted on a subsequently filed non-provisional application which claims benefit of the filing date of the provisional application.
A surcharge is required for filing the basic filing fee or the cover sheet on a date later than the filing of the provisional application.
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A utility patent is what most people think of when they talk about patents. A utility patent is the final step in the patenting process. A provisional patent provides an effective filing date for your idea, but does not mean anything unless it is followed up in 12 months or less by a referencing utility patent. A utility patent is a patent that covers machines, articles of manufacture, methods or processes, and compositions of matter. A utility patent has a term of 20 years and provides legal protection of your idea in the case of someone trying to copy or reproduce your idea without your consent. A utility patent only provides protection from the date of your application filing, not for any time before.
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5. How long will it take to get my patent?
If only there was a straight answer to this question! Unfortunately, the USPTO is a large government entity with many, many different components that must work cohesively. Each patent must make its way through various departments at the USPTO before it even gets assigned to an examiner. Depending on the patent area, the backlog may be very long (like biochemical and computers), or it could be less. The average time for a patent is hovering between 24 and 36 months (yes, 2 to 3 YEARS!) to complete the utility patent application process. There is a good article citing specifc details and numbers at IPWatchdog. For the specific patent backlog details, please follow this link - USPTO Backlog. Unfortunately, the trend continues to reflect a larger backlog and longer wait times for patents. Below is a table showing some numbers from the IPWatchdog article. First Action Pendency is the time it takes between application submission and the first response from the examiner. You can see that it takes about 6-10 months after first review from the examiner to complete the process. In other words, don't expect a quick turnaround on your application!
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First Action Pendency |
Average Total Pendency |
|
2005 |
23.0 months |
32.3 months |
|
2006 |
22.6 months |
31.1 months |
|
2007 |
25.3 months |
31.9 months |
|
2008 |
25.6 months |
32.2 months |
6. Does getting my patent make me rich?
We wish that we could help you become wealthy that easily! While we strive to help in any way possible to make you rich (remember us when you do strike it big!), receiving patent approval does not instantly equate into success. Obtaining a patent only proves that you have a concept that is novel, useful, and non-obvious. It doesn't prove that there is a large market, or even a small market for your concept. Again, we certainly want to help everyone attain the highest levels of success, so let us know how we can help and we will. One depressing statistic on "financially viable" patents - of the patents that are approved, only 3% are ever financially successful. Here's hoping that your patent is in the 3%!
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7. Do I have to be an engineer or scientist to patent something?
NO WAY!! You don't even have to consider yourself an inventor! All you've got to do is have an idea that is novel, useful and non-obvious. There are stories all over the place about stay-at-home moms who have patented ideas and gone on to make millions. There are stories about high school drop-outs that have left their mark on history. There are lots and lots of stories of "Average Joes" who have successfully navigated the patent process and lived to tell about it. Dream big, then Brainstorm!
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8. Where's the bathroom?
We get this question a lot. The bathroom is the first door on the right as you pass the receptionist. If you still can't seem to find the loo, there is some nice shrubbery outside....
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9. What is the difference between a patent agent and a patent attorney?
In a nutshell, as far as the USPTO is concerned there is no difference. The difference lies outside of the USPTO. Patent Agents CANNOT conduct patent litigation in the courts (defend your patent in the court system) or perform various services which the local jurisdiction considers as practicing law. Relax, you're covered.
Straight from the USPTO:
Most inventors employ the services of registered patent attorneys or patent agents. The law gives the Patent and Trademark Office the power to make rules and regulations governing conduct and the recognition of patent attorneys and agents to practice before the Patent and Trademark Office. Persons who are not recognized by the Patent and Trademark Office for this practice are not permitted by law to represent inventors before the Patent and Trademark Office. The Patent and Trademark Office maintains a register of attorneys and agents. To be admitted to this register, a person must comply with the regulations prescribed by the Office, which require a showing that the person is of good moral character and of good repute and that he/she has the legal, and scientific and technical qualifications necessary to render applicants for patents a valuable service. Certain of these qualifications must be demonstrated by the passing of an examination. Those admitted to the examination must have a college degree in engineering or physical science or the equivalent of such a degree.
The Patent and Trademark Office registers both attorneys at law and persons who are not attorneys at law. The former persons are now referred to as “patent attorneys” and the latter persons are referred to as “patent agents.” Insofar as the work of preparing an application for a patent and conducting the prosecution in the Patent and Trademark Office is concerned, patent agents are usually just as well qualified as patent attorneys, although patent agents cannot conduct patent litigation in the courts or perform various services which the local jurisdiction considers as practicing law. For example, a patent agent could not draw up a contract relating to a patent, such as an assignment or a license, if the state in which he/she resides considers drafting contracts as practicing law.
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10. What has the team at Brainstorm Patents invented?
Sure, we can claim to be inventors and "one of the little guys", but can we back it up? Absolutely. We have an on-going, ever expanding list of ideas/concepts/products that we add to regularly. At the time of this writing, the list had 146 ideas on it - granted, some are dumb, others are not feasible, but a lot are REALLY GOOD! Products range from child seat safety devices to "muscle forming" tattoos to pet exercise products to automotive gadgetry to high-rise condominium concepts. The brainstorming juices are always flowing, and as a result, our list of inventions is ever growing (in case you're wondering, we're being a bit vague because we are in the patent process with some of the ideas).
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11. Why is Robin's nose crooked?
Seriously? That's one of the most frequently asked questions? I'm not buying it, but I'll answer anyway. My nose has always been a bit crooked. Then growing up, it seemed that I misconfigured it and contorted it a couple of times during some sandlot football games. It's never recovered and has been whacked a couple more times now in flag football games. I guess that's what I get for having a big nose!
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12. Why don't you display your list of successfully executed patents?
The first and foremost reason is that we haven't successfully executed any patents yet. With over a two year backlog at the USPTO, we won't have anything to show for some time! We can tell you that we do have many items that are currently "Patent Pending", but nothing that has made it through the entire process yet. We also don't think that displaying a list of successfully executed patents proves anything. Just because we helped a client with a patent for a special toaster oven doesn't mean that we are or are not qualified to help another client with a circuit board patent. We want to be known for our work ethic and our dedication to inventors, not for our list of accomplishments.
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13. What is the timeline for getting a patent?
This question somewhat overlaps with Question #5 above. As a general rule of thumb, count on a MINIMUM of 3 years from the time of initial consultation to the time you receive notification that your patent application has been approved. Three years is a minimum timeline that can be extended based on a slew of circumstances ranging from incompleteness of client information to longer backlogs at the USPTO to prototype and design complications. Rest assured, that Brainstorm Patents will always work expeditiously to ensure that you receive your patent as quickly as possible.
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14. Do I need a working prototype to get a patent?
No. A working prototype is not a requirement from the USPTO for granting of a patent. However, we at Brainstorm Patents strongly recommend that you invest the time and money into obtaining a working prototype. It doesn't have to be pretty or polished, but a functional prototype allows us to understand the limits of your idea and write a stronger patent application. In addition to helping with the patenting process, a prototype is almost always a requirement when you are trying to showcase and sell your idea to companies. Brainstorm patent has prototyping resources that we can use to help shape your concept into reality.
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While we do not currently have any open positions that need to be filled, we are always interested in speaking with people looking to enter the patent field. We may have a need that we didn't realize, and we'd love you to help us fill the gap. Please don't hesitate to contact us to schedule a time to meet, or feel free to pass along your resume/bio/cv/etc. for our review as well. All of our contact information is on the "Contact Us" page in the menu.
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16. Do I really need to patent my idea?
Yes and no. No one is going to arrest you and take you to jail if you have not patented your idea. However, most companies want to see that you have begun the patent process before they will sit and discuss opportunities with you. It is also a much safer approach to have some form of patent protection before you try to convince others to buy/license your idea - if it is not patented, they have nothing barring them from "stealing" your idea and using it for their own profit. We at Brainstorm Patents feel that you should at least file a provisional patent application to provide some form of legal protection, but ultimately, we feel that if your idea has market potential, you do need to proceed with a utility patent application.
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17. What is the "Golden Ratio"?
The Golden Ratio is 1.61803399. As it is a ratio, it is dimensionless. What is the significance of the Golden Ratio? According to Wikipedia, "At least since the Renaissance, many artists and architects have proportioned their works to approximate the golden ratio—especially in the form of the golden rectangle, in which the ratio of the longer side to the shorter is the golden ratio—believing this proportion to be aesthetically pleasing. Mathematicians have studied the golden ratio because of its unique and interesting properties."
What that means, is that when you're working on the design and prototype of your idea, a good starting point for dimensions is to use the Golden Ratio as a guide. The significance of the Golden Ratio has probably been blown way out of proportion, but there's no arguing that the Parthenon, Notre Dame (in Paris), and Stonehenge are pretty impressive structures based on the Golden Ratio. When in doubt, ask Brainstorm Patents, but when in in doubt and it's 3 A.M., definitely go with the Golden Ratio.
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18. How do I get a prototype of my invention?
Brainstorm Patents offers prototype services along with patent services. We know how hard it can be to get a working prototype made and working. To that end, we want to help! Let us help you get your design off of paper and into real life. Whether it is a "proof of concept" prototype (usually just a quick and dirty prototype) or a finished product prototype, we can get the job done. Give us a call and we'll walk you through the prototyping process.
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19. What are the percentage of patents that get approved?
This number is always in flux, so what may be accurate today will be inaccurate tomorrow. It is safe to say that somewhere around 45% of the patent applications that are submitted are approved. This is in contrast to the norm 5-10 years ago when the approval rate hovered around 70%. Some argue that the approval rate dropping is a good thing, others counter that argument. All we care to argue is that our approval rate will exceed the USPTO average at any given time in the future.
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20. How many of those patents are financially successful?
Again, this number is vague and tough to pinpoint, but of the patents that do receive approval, less than 10% are financially successful. Most references will quote a number below 5%, but we like to be optimistic here at Brainstorm Patents. The patent simply opens the doors for you - it's up to you whether you walk in or not. With Brainstorm Patents behind you, we'll SHOVE you through the door!
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