Generally speaking, when a person makes an invention, the first step that should be taken is to prepare a written description or disclosure (with sketches) of the invention. The sketches do not need to be professionally done but do need to be understandable and capable of being photocopied.
These disclosure documents should be witnessed and dated by someone other than the inventor(s) and preferably someone who does not have a financial interest in the invention. Alternatively, the documents preferably are notarized.
If a prototype of the invention has been made, photographs should be taken of it and also witnessed and dated, along with any available documentation showing that the prototype has been tested and that it worked. If such photographs and documentation have not yet been made, we typically take Polaroid photographs of any prototype at our initial office conference and likewise witness and date them. We also make, witness and date at least two copies of the client's disclosure documents, one set for the client's files and one set for our files, acknowledging that we are receiving the client's information "in secrecy and confidence."
This all provides documented evidence on the invention and when it was made, which evidence can be useful at a later date.
We then usually conduct a patentability search on the invention through the records of the U.S. Patent & Trademark Office, to see if the invention appears to be patentable and what the scope of patent protection might be. The search may include a conference with one or more of the examiners in the Patent & Trademark Office, who work in the technology involved in the invention. The typical costs of a patentability search are detailed below.
A patentability search is not legally required but usually makes good business sense. It allows the client to know whether or not patent protection is likely available before going to the more substantial expense of a patent application. Also, having the results of a patentability search, allows us to prepare a better, stronger patent application, because we will then know the likely prior references the Patent Office examiner will be considering when the examiner is reviewing the merits of the application, and what aspects of the invention should be emphasized and what aspects are old.
If the search results are positive, namely, the invention appears to be patentable, then we would normally prepare and file, with the inventor's approval, a detailed formal patent application with the U.S. Patent & Trademark Office, which gives "patent pending" status to the invention.
Assuming successful prosecution of the patent application through the Patent & Trademark Office's administrative process, a potential twenty (20) year exclusive "monopoly" on the invention is granted, measured from the effective date of the filing of the patent application. ...............................
PUGH & AMBROSE, P.C. Home Page - www.PatentLaw.com