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Invention Ideas - Do You want a Patent Before Selling Invention Ideas to Businesses?

A United States Patent is essentially a "grant of rights" for a smallish period. In layman's terms, it is a contract in which the United states government expressly permits an individual or company to monopolize a particular concept to acquire a limited time.

Typically, our government frowns upon any type of monopolization in commerce, as being a the belief that monopolization hinders free trade and competition, degrading our economy. A good example is the forced break-up of Bell Telephone some years ago into the many regional phone groups. The government, in particular the Justice Department (the governmental agency which prosecutes monopoly or "antitrust" violations), believed that Bell Telephone was an unfair monopoly and forced it to relinquish its monopoly powers over the telephone industry.

Why, then, would the government permit a monopoly in the form of a patent? The government makes an exception to encourage inventors to come forward with their works of art. In doing so, the government actually promotes advancements in science and technology.

First of all, it should objectives to you just how a patent acts as a "monopoly. "A patent permits the owner of the patent in order to anyone else from producing the product or using undoubtedly seen other courses covered by the patent. Think of Thomas Edison ideas for inventions remarkable most famous patented invention, the lamp. With his patent for the light bulb, Thomas Edison could prevent any other person or company from producing, using or selling lights without his choice. Essentially, no one could marketplace him in light bulb business, and thus he possessed a monopoly.

However, in order to receive his monopoly, Thomas Edison had to give something in restore. He needed to fully "disclose" his invention to your public.

To obtain as a famous Patent, an inventor must fully disclose what the invention is, how it operates, and really way known with the inventor to ensure that it is.It is this disclosure on the public which entitles the inventor the monopoly.The logic undertaking this is that by promising inventors a monopoly in exchange for their disclosures to the public, inventors will continually strive to develop new technologies and disclose them towards public. Providing these for the monopoly him or her to to profit financially from the design. Without this "tradeoff," there effectively few incentives to have new technologies, because without a patent monopoly an inventor's hard work brings him no financial reward.Fearing that their invention would be stolen when they attempt to commercialize it, the inventor might never tell a soul about their invention, and the islands would never advantages.

The grant of rights under a patent lasts in your limited period.Utility patents expire 20 years after they are filed.If this hadn't been the case, and patent monopolies lasted indefinitely, there is serious consequences. For example, if Thomas Edison still held an in-force patent for the light bulb, we could need to pay about $300 purchase a light bulb today.Without competition, there'd be little incentive for Edison to improve upon his light.Instead, once the Edison light patent expired, everyone was free to manufacture light bulbs, and plenty of companies did.The vigorous competition to do that after expiration of the Edison patent resulted in better quality, lower costing light lighting.

II. Types of patents

There are essentially three types of patents which you need to be aware of -- utility patents, design patents, and provisional patent applications.

A utility patent applies to inventions which have a "functional" aspect (in other words, the invention accomplishes a utilitarian result -- it actually "does" something).In other words, the thing which is different or "special" about the invention must be to have functional purpose.To meet the criteria for utility patent protection, an invention must also fall within at least one of the next "statutory categories" as required under 35 USC 101. Bear in mind that just about any physical, functional invention will become another victim of at least one of these categories, and need not be troubled with which category best describes your invention.

A) Machine: involving a "machine" as something which accomplishes a task a consequence of the interaction of that physical parts, because a can opener, an automobile engine, a fax machine, etc.It is effectiveness and interconnection of these kinds of physical parts with which we are concerned and which are protected by the obvious.

B) Article of manufacture: "articles of manufacture" should be thought of as things which accomplish a task similar to a machine, but without the interaction of various physical parts.While articles of manufacture and machines may seem turn out to be similar in many instances, you can distinguish the two by thinking of articles of manufacture as more simplistic things which ordinarily have no moving constituents. A paper clip, for example is an article of manufacture.It accomplishes a project (holding papers together), but is clearly not a "machine" since it is a simple device which does not rely on the interaction of assorted parts.

C) Process: a mode of doing something through one or more steps, each step interacting in some way with a physical element, is known as a "process." An activity can be a new method of manufacturing a known product or can even be a new use for a known product. Board games are typically protected as a process.

D) Composition of matter: typically chemical compositions such as pharmaceuticals, mixtures, or compounds such as soap, concrete, paint, plastic, and the like invention idea can be patented as "compositions of matter." Food items and recipes are often protected in this fashion.

A design patent protects the "ornamental appearance" of object, instead of its "utility" or function, which is safe by a software application patent. Consist of words, if ever the invention is really a useful object that rrncludes a novel shape or overall appearance, a design patent might produce the product patent appropriate safeguards. To avoid infringement, a copier enjoy to set up a version will not look "substantially similar towards ordinary viewer."They cannot copy the shape and look without infringing the design patent.

A provisional patent application is one step toward obtaining a utility patent, where the invention usually will not yet be prepared to get yourself utility certain. In other words, whether it seems as if the invention cannot yet obtain a computer program patent, the provisional application may be filed previously Patent Office to establish the inventor's priority to your invention.As the inventor continually develop the invention help to make further developments which allow a utility patent staying obtained, after that your inventor can "convert" the provisional application to even a full utility implementation. This later application is "given credit" for the date when the provisional application was first filed.

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