384
General Engineering and Science
1.
Make sure the invention is new and practical and is not already in use. This
requires a preliminary search
of
the industrial literature to determine if the
invention is practical and is not already in use in the public domain.
2.
Keep records that document when and what was invented.
It
is important that
accurate records are kept showing your original sketches with a disclosure
statement describing what and how your invention works. It is useful to have
someone witness this disclosure document and verify the date that this invention
took place. It is often during this step that the invention concept is either modeled
(mathematical or physical or both) and tested. Thus, accurate records of these
analyzes or test results should also be kept. In the
U.S.
it is the first to invent
that
will
obtain a patent in the event of two individuals inventing the same
thing. Keep the disclosure document secret until the patent application
is
submitted
to
the patent office.
3.
Search the existing patents relating to the invention. Carry out an extensive
patent search of existing patents to find patents that are related to the new
invention. Make sure the new invention is novel
and
unobvious and is not in
conflict with existing patents. A search
of
U.S.
patents can be made in the Search
Room
of
the
U.S.
Patent and Trademark Office in Crystal Plaza,
2021
Jefferson
Davis Highway, Arlington Virginia. An individual inventor or a patent attorney
may hire agents that
will
carry out thorough patent searches. in addition, every
state in the
US.
has a
U.S.
Patent Depository Library where patent searches
may be conducted by private individuals.
4.
Prepare and file the patent application documents. This document is called a
“specification.” The specification must
be
clear enough
so
that anyone skilled
in the subject matter of the invention could recreate your invention and use it.
In the written portion of the specifications the inventor must state the claims
of
the invention. These claims must show that the invention is novel and unobvious.
Also, where applicable, illustrations must accompany the specification. There
are filing fees for patent applications and
if
the application is successful there
are maintenance fees to keep the patent in force. Literature describing patent
applications and how they are to be submitted can be obtained from the
Commissioner of Patents and Trademarks, Washington,
D.
C.,
20231.
This is
also the address
to
submit properly prepared patent applications.
Infringement of a patent occurs when an individual or company makes, uses,
or
sells an invention without the permission of the inventor, assignee, owner, or licensee.
The
U.S.
courts
will
award damages and place penalties on the infringer. But patent
infringement cases are very costly and time consuming.
Any inventor may apply for a patent regardless of age, sex, or citizenship. Once a
U.S.
Patent has been granted most other countries allow the inventor up
to
one year
to submit a patent application
for
a foreign patent. The exception is Japan which
requires nearly immediate submittal of a patent application to the Japanese patent
office at nearly the same time the inventor is submitting
to
the
U.S.
Patent office.
It should be noted that all other countries grant patents to inventors that are the
first to submit patent applications to their respective patent offices. We are the only
country the grants a patent
to
the first to invent (not the first
to
the patent office),
However, in
2003
the
US.
may change to the “first to the patent office” method of
granting patents.
Trademarks
A trademark is any work, name, symbol, or device or any combination of these
adopted and used by manufacturers or merchants to identify their goods and
distinguish them from those manufactured
or
sold by others. A service mark is a