Generally
Where can I get patent information?
In addition to the information about patents that you will find here, you can find information about patents at the USPTO Web site at www.uspto.gov/main/patents.htm. The USPTO Web site provides a wide variety of information about patents, electronic filing of patents applications and other patents documents.
TIP: The USPTO Inventors Assistance Center (IAC) is staffed by former Supervisory Patent Examiners and experienced Primary Examiners who are available to answer general questions concerning patent examining policy and procedure. You can contact the IAC at 800.786.9199 or 703.308.4357.
Do I need a patent attorney?
This is something you need to decide immediately. For a great many people, the answer to this question is "Yes." Obtaining a patent is a very complicated process and requires knowledge in a number of areas.
TIP: Unless you have an engineering or scientific background and can understand the sophisticated and subtle technical and legal issues involved in applying for a patent, you should seriously consider hiring a patent attorney.
Where can I find a patent attorney?
First, ask family, friends, neighbors, business associates or your personal attorney for recommendations. If they do not know anyone, the names of attorneys who specialize in patent law may be found in the telephone book or by contacting a local bar association.
he Patent Office will not recommend an attorney. However, the Patent Office does keep a list of patent attorneys and agents registered with the USPTO.
TIP: You can search the Patent Office register by ZIP Code at the USPTO Web site: www.uspto.gov/main/patents.htm.
What about companies that say they help inventors get a patent?
While there are reputable firms that will provide help in promoting, marketing and licensing inventions, you need to be careful in selecting one of these firms. Some of these firms are unscrupulous.
How do I tell the difference between the reputable and disreputable firms?
First, be wary of firms offering "free" help to get your idea patented, promoted, marketed and licensed if they require you to give them personal information to get their "free" information package on patents. They want to use this information to solicit you to buy their services.
Second, do not sign any agreement or give any money to these firms unless you clearly understand what the agreement says and what you are getting for your money. You should be able to review and have your attorney review any agreement before you sign it. Once you sign an agreement, you have committed yourself to giving up valuable rights or control of your idea and committed yourself to pay money for services that you may not need or that are worthless.
Third, make sure that any promises made by the firm are in writing. Do not accept any oral statements or promises as being legally binding.
Fourth, the American Inventors Protection Act of 1999 gives inventors certain rights when dealing with invention promotion firms. Before an invention promoter can enter into a contract with you, it must disclose the following information about its business practices during the past 5 years:
- how many inventions it has evaluated;
- how many of those inventions got positive or negative evaluations;
- its total number of customers;
- how many of those customers received a net profit from the promoter's services-that is made back more than was paid to the invention promotion firm; and
- how many of those customers have licensed their inventions due to the promoter's services.
Fifth, check out the firms with the Federal Trade Commission, the Better Business Bureau, the state consumer protection agency or the state attorney general. If there have been any complaints filed against a firm, one or more of these agencies should have the complaint and any agency action taken on the complaint on record.
Are there any warning signs that I should look out for when considering using a patent promotion firm?
The FTC and the Patent Office have brochures on what inventors need to look for when hiring an invention promotion firm.
The FTC has a pamphlet "Invention Promotion Firms" that can be found in the Consumer Information, Products and Services section of the FTC Web site at: www.ftc.gov/bcp/edu/pubs/consumer/products/pro21.shtm. Or you can write or call the FTC for the brochure at: Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Ave. N.W., H-130, Washington, D.C. 20580; telephone number: 877.382.4357.
The Patent Office Brochure "Scam Prevention" can be found at the Patent section of the USPTO Web site at: www.uspto.gov/web/offices/com/iip/index.htm. Or you can write or call the USPTO for the brochure at: U.S. Patent and Trademark Office, Mail Stop USPTO Contact Center, P.O. Box 1450, Alexandria, VA 22313-1450; telephone numbers: 800.786.9199 or 703.308.4357.
I have an invention that I want to license now. I do not want to take the time and money to get a patent on it. Can I go ahead?
Yes, you do not need a patent on a unique invention or process to generate licensing fees or royalties.
My invention is not really working right now, but I want to get started on the patent anyway.
You better get your invention perfected first. You cannot patent one that does not work.
Can my U.S. patent protect me in France?
Your patent is not effective outside of the U.S., but it can help prevent the importation of a product from outside this country.