1. Keep it secret
Don’t tell friends: Discussing the idea is hard to resist, but you risk putting the information the public domain. A friend tells a friend - pretty soon the idea is lost!
Don’t tell potential business partners: They are in business, remember. If they see an opportunity, it could be your loss.
Don’t tell potential customers: Perhaps your invention could be built by your competitor who already has a good relationship with your client. They get together, they talk...
Don’t talk to the media:
Don’t publish it:
Don’t use it in public:
2. Searching
Conduct searching of: scientific literature, the Internet, patent databases. You'll need an assortment of search tools and tips.
Why? is it new? identify infringement avoid reinventing the wheel
3. Assess the prior art
What are others using?
Closest competing invention?
Is there an equivalent?
Is there any combination of existing inventions which are similar?
How does your invention differ?
Is your invention better?
4. Is it yours?
Right to apply true and first inventor(s) assignee(s) personal representative individual vs company director vs employee vs contractor
5. Identify your market
Where are you going to manufacture?
Where are you going to sell?
Right to exclude: manufacture sale importation use
6. Is it an invention?
US approach “Anything under the sun that is made by man”
European approach must include technical character, technical problem, technical features excludes business methods, computer programs, medical treatment.
Examples mechanical/electronic devices chemical formulations manufacturing processes DNA molecules modified plants/animals medical treatment computer software
7. Is it worth patenting?
How new is it?
What size is the market?
What’s the technology?
8. Prepare the patent
What the invention does
How it does it
The name of the invention
The components of the invention
parts of a device
steps of a process
The function of each component
What components are new
How the components interact
What components are essential?
Can components be substituted?
Labelled drawings flow charts sequence listings diagrams
9. Keep track of dates
10. Assess your invention
Is it worth continuing?
In which countries?
Is it still new?
Is it being infringed?
