Invention Protection

DOES AN INVENTOR REALLY NEED A PATENT?

An inventor should consider the importance of patent protection for their invention before applying. They should evaluate the following points:

1. Is it novel or has been done before? A patent search may reveal similar items. A Google or Amazon search may reveal similar items. There is no reason to apply for a patent if it is obvious it will be rejected.

2. Is it feasible or somewhere through the inventing process will a hurdle become too large to complete? Will the invention do what it says it will. Creating a final prototype to prove it works is one solution. Can it be manufactured in a cost effective manner so the retail price will be attractive to a buyer? Can the inventor afford to pay a manufacturer?

3. Is the market large enough to make money and can the market be reached effectively? A potential market and the ability to market to them may be so small it is not worth the expense of applying for a patent.

4. Is market domination possible such that a product is brought to market so quickly and in large quantities that it dominates the market and effectively eliminates others wanting to enter? There is no reason for a patent if domination is possible.

5. Are trade secrets revealed? A patent application gives away trade secrets associated with it. A secret formula or manufacturing technique should not be disclosed so others can legally or illegally use it. Trade secrets can include formulas, patterns, compilations, programs, devices, methods, techniques and processes.

6. Are protection costs too high? The cost of applying for a patent is an important consideration. It is important to consider if it will be too expensive to defend a patent if someone infringes on it and legal action is required.

7. Is a trade secret law enough to protect an idea or invention? Trade secret laws allow protection without applying for a patent.