It's been three years since the last major revision to American https://eurekapat.com/patent/procedure.php https://ha-yoo.com/ law, and the world of patent litigation has not yet found its footing. There are still too many ambiguities in the law, and not enough clear direction from the courts, but that is probably more of a reflection of the fact that it is still very early in the litigation process.
In the meantime, entrepreneurs are still finding ways to bring new products to market, and investors are still looking for ways to monetize innovative ideas, even if they never end up in court.
It's a great time to be an entrepreneur, and a great time to be thinking about investing in a new product or idea.
But what's the right way to go about doing business? How can you ensure that you're paying attention to the legalities of this whole process? What exactly does it mean to be a "patent troll"?
If you're reading this, I assume you've already decided to file for a patent. Congrats! That's an important step in the right direction. Maybe you've even made some rudimentary sketches on paper (if you're anything like me, you've probably spent more time on the paperwork than you have on the invention itself).
Now, you may be wondering, what should I be doing next? Well, if you've decided that you want to keep going, the next step is to take the next step and actually build a real, functional prototype of your invention. You don't need to rush this part. Take your time.
Why should you build a functional prototype? Well, if you've decided to build something that will inevitably end up in court, having a working model is probably the best way to ensure that you're prepared for what's to come. Even if your invention never makes it to court, the sheer act of building a functioning device can bring a whole new meaning to the phrase "proof of concept."
Beyond just the legal ramifications, building a prototype gives you a deeper understanding of the way your invention works, and allows you to more easily communicate your idea to other people. It can also help you identify aspects of your design that need to be improved upon.
With the recent advancements in 3D printing, things like prototypes and working models have become much more accessible to the average inventor. If you're looking for a way to bring your invention to market, Fab Labs offer the perfect opportunity to do so. Simply put, a Fab Lab is a workshop where you can bring your invention, or concept, and have experts in various fields (including your own) help you make it a reality. In terms of legalities, a fab lab is regarded as a "worksafe" location, where no actual manufacturing takes place. Inventors can register their patents at fab labs, or apply for a patent through a service provider like Patent Genius, which also offers patent prosecution and management services.
The great thing about a fab lab is that it gives you the opportunity to build and test your invention, without risking damage to your product. As an inventor, you know what's important to you, and what else you can afford to skimp out on. By separating fact from fiction, you've got a chance to work on what's essential, without concern for the rest. Cost-wise, you can get an entire fab lab, including the equipment necessary to manufacture your product, for around $25,000 (just a small fraction of the cost of a traditional patent attorney).
Okay, now that you've got a working model of your invention, it's time to start thinking about investors. This is a critical step, and one that you need to take seriously. Even if your idea is something as simple as a new type of cup that doubles as a vase, you need to make sure that you've considered every angle before taking that crucial next step. You don't just want to rush into this part, or you might end up in court without even having a chance to try out your product.
It might also be a good idea to get expert help, either through a venture capitalist or an angel investor. One of the best places to find angel investors is through crowdfunding platforms, like StartUpLift or CrowdCube. When you set up a crowdfunding campaign for your invention, you're essentially creating a pitch document, or a roadmap, for prospective investors. What's important is that you're ensuring that everyone knows exactly what to expect, both in terms of the legalities of being an inventor, and the practical aspects of bringing your idea to market.
This is important to keep in mind; when you register your patent (if you decide to go this route), you're also registering your trademark. While you're busy working on perfecting your device, hoping to one day find a market for it, you need to make sure that you're protecting your intellectual property. You've got to keep those royalties flowing, and the only way to do so is through careful trademark protection.
What's important is that you choose a trademark that is easy to spell, and easy to remember. Also, make sure that the mark you choose is unique and has not been registered by someone else. If you run into trouble at any point along the way, you can always file a trademark infrigement, but until then, you're going to have to live with whatever bad luck that comes with selecting that particular combination of letters. And don't forget, you're going to have to renew your registration every year, so make sure you document this fact somewhere. (Yes, I'm aware that all of this is a lot to keep track of, and it can be expensive to hire a patent attorney, but it's still a lot cheaper than losing your shirt in a lawsuit.)
At this point, you're almost ready to take your invention to the next level. All that's left is to package it up and ship it off to the Patent Office. This stage is called “grant application” or “priority document,” and it's a mouthful. Basically, what this stage entails is submitting a comprehensive package, including your patent application, along with all the necessary supporting evidence (such as the working model, if you've got one).
The great thing about this stage is that it not only gives you a chance to show off your invention, but it also provides you with a number of options. Most notably, the Patent Office will either grant you the patent, or it will deny you the patent. If you've got an idea that falls under the novelty clause, you're going to have to prove that your invention was novel, and that it had never been invented or known before. Typically, this requires that you, the inventor, provide the Patent Office with prior art (i.e. inventions, designs, or documents that were created before you started making your invention) that it can use to determine whether or not your concept is truly novel.
Once you've been granted a patent (or denied one), it takes a while before you can actually use the patent, or enforce it. This is because the Patent Office has to go through a tedious process of examining the patent, to determine who has the right to what you've invented. Most likely, this is going to take several months, or even over a year.
This is an important question, especially if you decide to go down the route of filing for a patent. Maybe you've heard the term “patent troll,” and you're wondering what it means. Well, let me tell you what it means. A patent troll is someone who files for patents (usually in bulk), purely for the sake of collecting money from someone. The typical patent troll will sue companies that make a whole range of products, from bikes, to lawnmowers, and everything in between. This, of course, is risky business, because if you lose a lawsuit, you're liable for big legal fees. Even more importantly, if you win a lawsuit, you're probably not going to be able to collect much, if anything at all, in damages.
So, just to be on the safe side, don't go messing with patent trolls. There are many different ways that they prey on unsuspecting companies, so keep your eyes open, and don't get involved with any of their schemes. Unless, of course, you've got nothing to lose, and want to take the chance of riling up a hornet's nest.