Frequently Asked Questions
I have what I think is a great and original idea.
What do I do next?
Put your thoughts on paper! You should
use a bound booklet, not loose-leaf, and date each entry. Describe what
your idea is and what it will do. Make some sketches to clarify your idea.
A written record could be important in the patenting process. Make a rough
prototype using cardboard, wood, or some other material.
How can I find out if my idea is new?
You can do some initial research by using the internet to do patent and product searches, as well as checking the
marketplace - stores that might sell a product like your idea for example.
Failure to find anything similar does not necessarily mean your idea is
new. You may have to retain a patent specialist to do a comprehensive
search, which you will have to pay for.
How can I protect my invention?
First, write a ‘non-disclosure form’. It states that in exchange for you revealing your idea to
someone they promise not to convert it to their own use in any way. The
form will need to have a good, detailed description of your idea. Have
the person date and sign the form before you disclose any information.
You should also visit the USPTO website and read through the Disclosure
Document Program, then register and use the document number you acquire
on your disclosure forms. Note that there is a fee for registration.
Patenting is complicated and expensive. You will
most likely need to hire a patent attorney. Do not rush to patent. You
will have to decide whether to invest in a patent based on a realistic
evaluation of your invention's market potential. A patent does not give
absolute protection. If your patent is infringed on, you will have to
pay all the costs to defend it. The Canadian
Intellectual Property Office has free information defining intellectual
property which may be useful to you.
I just want to sell my idea, how can I do that?
An idea is just that until most of the above steps have been taken.
Ideas alone are not products. Making a prototype is essential. It need
not be very elaborate but it must demonstrate that your idea has merit.
Making a prototype also helps you to simplify, fine tune and visualize
the finished product, its manufacturing needs, and to more easily describe
it for a patent should you decide to get one.
Potential buyers or licencees will want the assurance that your product is patentable or, more likely, has
a patent. The reality is that you will have to spend money and do most of the
work yourself to turn you idea into a product and to prove there is a market for it.
Be wary of companies that promise to research, patent, market or sell your idea or product. Many are not
reputable. The USPTO website has information about fraud and how to avoid it.
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