WHY PATENT NOW?
An idea may either be locked up as a trade secret or locked out in the public domain when it is not patented. The purpose and benefit of patenting is two-fold. It is a quid pro quo system between the inventor and the public where protection is offered in exchange for disclosure. The intention of our patent system is to create a safe environment for which knowledge and information may be extracted out of secrecy, enabled for private enterprise and commercialization, and ultimately added to the body of public knowledge for future ingenuity. The protection afforded by patents enable an inventor to freely disclose an idea in the commercial and public arena based exclusive rights derived from the patent. The current life of protection for utility patents in the United States is 20 years from the earliest filing date of a U.S. application to which priority is claimed and 14 years from the date of issue for design patents.
The current patent system in the United States is a “first to invent” system (subject to change on March 16, 2013 via the America Invents Act, enacted Sept. 16, 2011). That is, the first inventor to conceive and develop an invention theoretically has a right of priority. However, typically the first inventor to file an application will have the first chance at the apple unless priority becomes an issue. Thus, the first to file an application in compliance with all other rules enjoys the presumption as the first to conceive. Therefore, it is always best practice to be the first to file on an invention.
You may want to start the patent process now if you have a conceived invention that you hope to commercialize. There are many critical elements and dates that come into play which may either positively or negatively affect the development and marketing of your invention. Therefore, your product development and marketing strategy must be closely tied in with your patenting strategy. You need not have a final prototype before consulting with attorney or to initiate the patent process. In fact, it is advisable to start the process early by conducting a patentability search at the initial stages of product development. What you learn from the current art in the area may affect how you develop your final product. Even if the invention is discovered to be non-patentable in light of the existing art, you may still be able to capitalize on the idea should all relevant patents be expired on the invention. Before investing significant time and money on a new concept, it is advisable to consult with a patent advisor as it affects the determination of your overall strategies.
Current U.S. patent law provides specific time limitations and grace periods for patentability according to the novelty provisions of 35 U.S.C. 102. It is important to keep record of dates of disclosure, invention and application filing to ensure timely action is continually taken during patent prosecution and during the commercialization of the invention. It will be necessary to consult with a patent expert to determine less obvious patent limitations and complicated filing issues related to your specific invention. It is not advisable to prosecute a patent on your own without assistance of an expert.
The discussions provided in this website are not intended to serve as legal advice and should not be interpreted in that way. Each individual invention has its own unique set of issues requiring specialized attention and research by a patent expert.
