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Patents are the way in which inventors can protect
their ideas and creations (usually a product of some kind, designed specifically
for commercial exploitation). If your invention is any sort of a mechanical, electrical
or electronic device capable of being mass-produced or used industrially, then
you should apply for a patent to stake your claim of ownership on it.
Patents, therefore, do not apply to publishable material such as books, guides,
manuals, home study/training courses and information. And so you will often need
to produce a prototype to get a patent.
Patents, like copyright, are a world-wide thing.
However, the process of applying for a patent can be lengthy as the invention
etc. will have to be assessed before one is granted. We am certainly not going
to go into it here as it is outside our area of expertise!
For a new patent to be granted, each application is scrutinised by patent experts
to decide if the innovation in question is original and does not infringe any
other patents.
Notice that we use the word 'innovation' here. A patent must be innovative
and not obvious. A patent will not be granted for an invention that
is already in common use, and therefore obvious.
So, what's the big deal about patents then?
If you are granted a patent, your rights as owner are absolute for twenty
years from the date of the application. During this time, you can prevent anybody
from manufacturing, using, selling, importing or otherwise exploiting your product.
You can do this on a national or GLOBAL scale.
That's the big deal about patents! Many international businesses (especially
where mass production of any kind is involved) are founded upon their patents.
Patents can lead to monster businesses and profits on a totally obscene scale.
Once you have your patent, you can exclusively
manufacture and sell your product.
This is an important benefit and one that can help you to protect your market
from competition.
Alternatively, you can decide who to licence your product to, so that they
can essentially pay you a suitably huge sum (and maybe a percentage as well) to
manufacture, market and exploit it for you.
Of course, you will have to accept a fee or royalties as payment for each license
- but this could be worth millions over time. A potential licensee can also ask
for the exclusive right to sell your product, for a fixed period.
Yet, be forewarned: the costs involved in obtaining a patent can be considerable!
This is especially true if an international patent is applied for. This is because
a new patent must be gained for each country in which you intend to trade.
The laws relating to patents are also very complicated. It is no surprise that
patent offices (the people who administer and control the granting of patents)
openly advise potential applicants to use a patent agencies and lawyers to deal
with the application and general process.
Patent agencies and lawyers have been helping inventors to pick their way through
the various stages of patent applications for many years and are worth contacting.
They could save you a lot of time and effort in the long run: but there
will be a fee for the service.
Patents also have to be renewed regularly and this a is very strict process:
miss your renewal date and you lose your patent. To find out more about patents
click here for links, or try the Yellow
Pages for your local Patent Office, or do a 'net search on 'patent office' - use
www.yahoo.com or www.dogpile.com
- there's loads of detailed info and agencies online eager to help with the task!
One final word of warning: NEVER discuss a potential patent (or an invention
you intend to patent) with anybody - not your wife, your brother, your best friend
- AND WE DO MEAN ANYBODY. Doing this can jeopardise the patent and as a result
may cost you dearly.
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