Posted by Dean on November 06, 2010 at 05:49:03 from (68.46.208.21):
In Reply to: patent posted by jd 530 on November 05, 2010 at 18:07:32:
JD:
A patent is, in effect, a contract between the inventor and the government. The inventor agrees to fully disclose his invention to the public (the published patent) while the government in exchange gives to the inventor a legal right to prevent others from practicing his invention for a limited period of time absent a license.
Note: The burden of enforcement is on the inventor and this can be VERY expensive. Litigation is where the real money is made by patent law firms.
You cannot patent abstract ideas, laws of nature or physical phenomena. You can patent processes, machines, manufactures and compositions of matter if they are useful (no prepetual motion machines) novel and non obvious.
In theory, one can prosecute ones own patent application but, as John T. has already told you, patent law is a HIGHLY specialized area of law, and I would certainly not recommend doing so especially if you believe that your inventnion has significant market value.
There are many procedural requirements that an applicant must follow in order to be granted a patent. The process can be time consuming and expensive but the real expense begins after the patent is granted if it has significant market value.
As an inventor, you must make a judgment call regarding the perceived value of your invention. If you believe that your invention has significant market value you should contact a patent attorney promptly. Do not use the invention mills advertised on TV and the internet.
Do not talk about your invention to others, do not show it to anyone and do not even offer to sell it. Once you do so the clock starts to tick and a patent will most likely be barred unless you file your application (a potentionally time consuming process) within one year.
Dean, who no longer practices patent law and who is NOT offering legal advice.
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