Securing a patent is no simple task. Not only
does the applicant have to have created something distinctly original, they
must wade through complex decisions such as what type of patent to secure
(design or utility), what to reasonably invest in attorney fees (patents can
cost upwards of $10,000), and how to protect their idea during the
‘patent-pending’ phase. Further, from the initial prep work until the final
verdict, the entire process can take years to complete.
But for entrepreneurs who have worked hard to
design something new and different - and want to financially protect their
creative efforts - the effort is worthwhile.
1.Ask Questions During Research &
Development
If a manufacturer tells you a design can’t be
made - which will likely happen when creating something that hasn’t been made
before - asking questions instead of getting frustrated or defeated is your
best strategy. Answers like “We can’t do it” or “We don’t have the
right equipment” should not be conversation-enders. Instead, they can open up a
dialogue about the specific obstacles the supplier is facing.
Maybe it’s simply a question of testing a new
procedure and the factory doesn’t want to pay for it (but you are willing to!).
Or maybe there is a design tweak that will make the product more
production-friendly without compromising its look or performance. Whatever the
issue, you can’t address it if you don’t know exactly what it is.
Answering questions is important too, as
suppliers who are educated about why your product is valuable are arguably more
likely to help you bring it to life.
2.Understand the Importance of Language
From the very beginning of the patent process,
coming up with a persuasive way to describe what you have designed is key.
First, your filing attorney must be exceedingly clear about what sets the
product apart from others, otherwise, you run the risk of including incomplete
or faulty information in your application. Giving him or her the best possible
understanding you can is paramount to successfully positioning your request to
the patent examiner.
A great attorney will advise you about which
information to share, but preparing basic content in advance will help expedite
the process. Prior to your first consultation, make sure you’ve written a
detailed overview about why your idea is conceptually and functionally unique,
with specific details about the the construction and design and and ways the
product is measurably different than other items on the market. Reading legal
websites and searching for people in your network who have gone through the
patent process can also be beneficial prep tasks.
3.Work With People Who Are Experts At What They
Do
This is a common lesson for new entrepreneurs.
In an effort to get the best deal and make the most of their limited funds,
they make decisions based on cost alone. To avoid this error, it’s important to
remember two things. One, just because someone claims they can help with your
project, does not mean they are the best person for the job. Being able to help
and being a qualified expert in a given area are vastly
different. When hiring an attorney, look for someone with a deep
knowledge of your product category and experience with similar types of
inventions.
Secondly, while going with the most expensive
option certainly doesn’t ensure success, investing in quality often means that
you will have fewer hiccups while on your patent quest. Conversely, going with
the cheapest attorney you can find may translate to wasted time and higher
costs down the road, such as having to re-work expensive prototypes or re-start
the patent application from scratch.
By applying these tips to your patent efforts,
you increase your chances for a smoother application experience and ultimately
a patent-protected product.
Source: www.forbes.com
