Patents are valuable - is false
because patents only have commercial value if they can be used to
protect a profit stream by excluding others from making, using or
selling whatever is covered by the patent's claims. In fact many
of those who study patents are fairly certain that less than 2%
make any money for anybody.
A patent means the invention works as verified
by the government - is false because the government does
not get involved in testing inventions to see if they work. In fact
US Patent and Trademark Office (PTO) auditors believe that as many
as 10% of all issued patents are invalid - a high percent of those
due to the fact the invention does not work.
You can get a Provisional Patent that is good
for 1 year - is false because there is no such thing as
a Provisional Patent. What you can do is file a Provisional Application
for Patent, the current Small Entity fee is $75, that will provide
a date of priority placeholder for you. If you fail to file the
full application within 1 year you lose your priority date and may
stand to lose substantial other rights as well depending on what
you did during that year.
A Provisional Application for Patent just needs
to describe the idea - is false because the Provisional
Application for Patent must meet exactly the same criteria for full
disclosure and providing enabling information to one skilled in
the art as the full Patent Application. The Provisional Application
does not require the formal structure, the disclosure of prior art,
or the claims of the full application and can use less formal drawings.
You can get a patent for an idea - is
false because you cannot get a patent far an idea or mere suggestion.
Patents are granted to people who (claim to) "invent or discover
any new and useful process, machine, manufacture, or composition
of matter, or any new and useful improvement thereof" to quote
the essence of the US statute governing patents. Complete and enabling
disclosure is also required.
A patent can be enforced for 20 years - is false because a patent can only be enforced from the time it
issues till it expires. New rules provide some guarantee that the
enforceable term of a utility patent will be at least 17 years and
that some royalties may be collectable when a patent is published
before it issues. Design patents are only good for 14 years and
only cover the ornamental appearance of the item and not its structure
or functionality.
A patent gives the owner the exclusive right
to make, use, and sell their invention - is false because
a patent only give its owner the right to EXCLUDE others from making,
using, and selling exactly what is covered by their patent claims.
A holder of a prior patent with broader claims may prevent the inventor
whose patent has narrower claims from using the inventor's own patent.
A patent right is exclusory only.
A US patent is honored world wide -
is false because a US patent is only enforceable in the US. It can
be used to stop others from importing what is covered by the patent
into the US but other people in other countries are free to make,
use, and sell the invention anywhere else in the world that the
inventor does not also have a patent.
A patent protects and invention - is
false because only a patent in conjunction with a legal opinion
of infringement will give the owner(s) of the patent the right to
sue in a civil case against the alleged infringer. The US Government
does not enforce patents (however, the Customs Service can help
block infringing imports) and infringement of a patent is not a
crime. The responsibility, and all expenses, for enforcing the rights
granted by a patent (and securing Customs Service help) lie with
the patent owner(s).
The first thing you need to do after having
an invention idea is get a patent - is false because there
are other, much less expensive, steps you can take to maintain your
US and international patenting rights with very little risk. When
properly used, the US PTO Disclosure Document Program ($10), non-Disclosure
Agreements (Free), and Provisional Applications for Patent ($75)
along with maintaining good records and diligent pursuit can keep
your patenting rights intact until you do, as a timely business
decision, spend the $5,000 to $10,000 it typically takes to get
a patent.
A patent attorney has to write and file your
patent application - is false because you can write and
file your own patent application pro se or you can also have a patent
agent write and file your application. A patent attorney is both
an attorney and a patent agent. A patent agent can be anyone with
sufficient scientific or technical knowledge and who has passed
a patent practitioner test administered by the US PTO.
It is very hard to learn how to write your own
patent application - is false because many people no smarter
than you do it every year. It does take some study and time (reading
Patent It Yourself by David Pressman, among other things, is highly
recommended) and it is also a very good idea to pay a patent practitioner
to review and make suggestions on your application - several times
if necessary - before you submit it.
*The information on this page is used courtesy of
James E. White, inventor and author of "Will It Sell?..." www.willitsell.com
