The excitement level is at its peak when you give your life-changing idea a shape. In the startup world, they call it a prototype or MVP.
But that’s not just it! You must know how to protect your innovation, make it yours, and, most importantly, commercialize it.
Filing a patent for a technology that never-existed is a sensitive task. If you don’t belong to a legal background, you may face some trouble while filing the patent. However, you can always ask the right questions to get things done.
Now that you’ve made your mind to file a patent for your innovation, here are the questions you must ask before approaching a patent attorney:
- Is it novel and non-obvious? – To be novel, your innovation must be substantially different from anything known in public. Consider asking your patent attorney to perform a prior-art search of your invention. Because many times, you may find that your invention already exists. Having relevant prior-arts in your hand may help to refine or develop your invention around the prior- arts, making it stand out of the known product/idea. Moreover, prior-arts also provides a brief landscape of the technology which can help inventors to decide if they should invest in this idea or not.
Being non-obvious means not to be perceived by a person of expertise in that field. For example, you can’t just combine a smartphone with a keyboard. The best example of non-obvious is when a combination of a video camera and a tape recorder creates a camcorder.
- Does it possess any industrial applicability? – Your innovation must be useful; otherwise, what’s the point of inventing something! Your innovation must serve some purpose or make people’s lives easier.
After discovering the invention’s applicability, consult your attorney to verify whether your invention is in synergy with any big company. This will help you understand the licensing probabilities of your product/invention. Also, you can obtain a patent landscape report relevant to your design, which will help you understand the synergy of your invention w.r.t future technologies in development under the umbrella of big companies.
- What are your billing practices? – This question is to be asked to the patent attorneys. Let’s face it; nobody wants their eyes to pop out, looking at a bill! You need a precise estimate of the amount you’re going to pay for your invention patented. That quotation should include prior art searching, draftsmen costs, preparing, and applying. Needless to say, it may also include office actions. And if it doesn’t, watch out! Because of a standard patenting process includes at least one round of office action.
Some patent attorneys will establish a flat fee upfront, while others require a retainer. It depends! But the former makes billing much simpler for you (the inventor.)
At the same time, ask your patent service provider to equip you with the fee schedule, so you’re aware of the billing.
Conclusion
To sum it up, it’s imperative to become aware of your invention’s novelty, non-obviousness, and usefulness. As these factors make you understand if an invention is patentable and investment-worthy
Moreover, it’s equally important to clarify the pricing part from the attorney. Watch out for any hidden charges.
