Frequent Questions

Here are are some of the most frequently asked question we receive during our presentations and via email on this website.

The Great Idea!

I have some great ideas but I don’t want to actually invent the products myself. Is there a company that will pay me for my ideas?
            The good news is that your great ideas are a fabulous start and you may be able to turn your creative ideas into cold, hard cash!  The bad news (if you want to call it that) is that it is nearly impossible to sell ideas. I wish we could tell you that such companies (those that would buy unprotected ideas) exist, but we know of no one who buys ideas. The problem is that there are many people with lots of good ideas
            That said, there is still plenty of room for innovation in this country. Manufacturers do sometimes buy or license the rights to developed products. You may indeed be able to sell your ideas once you have done the research to determine that the ideas are yours to pursue and you have, at minimum, filed a patent application with the United States Patent and Trademark Office.

What should I do after I get a great idea?
            Follow through! Many people have some really good ideas for great new products, but most of them never do anything about it. Thomas Edison, one of the greatest and most prolific inventors in American history, said, "I have more respect for the fellow with a single idea who gets there than for the fellow with a thousand ideas who does nothing." Following through is the difference between a successful inventor and a dreamer.
            Don't get us wrong! There is nothing wrong with dreaming. In fact, it can often be the starting point. Some people daydream terrific ideas. Others actually dream great ideas while they are sleeping. Our terrific idea came in a real dream. Inspiration can come at any time and in many ways. Be open to it.

Through the years, I have seen a lot of my product ideas appear on the store shelves. I now have another good idea. How can I make sure that I get the money from my good idea?
            Now you are on the right track!  Don’t take it sitting down. Do the work necessary to guarantee that YOU will be the one to make the money on your next great idea. That exact thing has happened to almost everyone. How many times have you seen something on the market that you yourself thought of?  We can tell you that it has happened to all of us who are involved in inventing. It is a sinking feeling to see someone else making money from something that we thought of and did nothing about. We believe that ideas are "in the ether" and if an idea occurs to one person, chances are excellent that it has also occurred to several others.  The person who will benefit from it is the one who moves forward, immediately!
Don't dally!  If you do, your great idea could be someone else's invention. The United States is a First to Invent country, not a First to File country so it is very important that you start researching and documenting your progress in an inventor’s journal  And, keep moving forward!  Nothing happens until you make it happen!  Andy Rooney of 60 Minutes says, "Opportunities are never lost; someone will take the ones you miss."  We have seen that this is true.

 

First to Invent
Unlike most other countries in the world, the US patent law system observes the rule that the inventor who first invented an innovation, (not the first person to file for a patent on it) will be granted the patent. In order to prove ownership of an invention, you must prove that you started working on the idea at an earlier date, diligently pursued the invention without ever abandoning the effort, and actually reduced it to practice. This is why your inventor’s journal is vitally important.

I have a great idea, but I don't know how to get started. What do I do first?
            The brainstorm of a great idea is a wonderful beginning but it is only the beginning. Now your inventive adventure begins!  The very first thing to do is to determine if the idea is yours to pursue. With any new idea, you must start at the beginning of the inventive process. It is very important that you not tell anyone about your idea without first having that person to sign a nondisclosure agreement. (You will find sample nondisclosure agreements in the back of this book).

NON-DISCLOSURE AGREEMENT
A non-disclosure agreement (NDA), also known as a confidential disclosure agreement (CDA), is actually a legal contract between the owner of proprietary information (the inventor) and the receiver(s) of that information. It states that the parties agree not to disclose the information covered in the agreement for a specific term (in years).

            Start your inventor’s journal and then perform both a market search and a preliminary patent search. These searches can be time consuming but it is crucially important that both be performed as thoroughly as possible before proceeding further.  The good news is that both of these searches can be done for absolutely no cost at all because you can do them yourself. It will only cost you the time you spend on them. If at this point you find that your invention already exists, you will have saved yourself from investing your hard-earned cash in a futile project.

I have an idea for using an existing product in a completely new way for an entirely new market. Can I get the  company that makes this product to pay me for my idea?
            Hmmm. This would be the absolute easiest route to success if you can finesse it!  It is certainly possible that a company might pay, at least something, for an idea that would expand their existing market substantially. It is not something we have any personal experience with but it sounds reasonable. You might need to approach the manufacturer by explaining that you know of another use and a brand new market for their product that could increase their sales dramatically. Explain that you will tell them what it is if they will agree to pay you a royalty on all sales to that new market. Do your homework before you go to them. Find out how big that potential market could be. Would they be distributing the product to retail outlets that they do not currently serve, or would the product just appear in another part of a store where their product is already sold?  It is certainly worth a try. We wish you great success!

I have a great idea that I just cannot believe is not on the market already. It's so obvious. Why would this be?
            We hope it is because you are the first person to think of this fabulous invention!  However, the sad fact is that some very good products don't reach the marketplace because they are just too expensive to manufacture and sell. 
             But...don't jump to that conclusion. There could be other reasons as well. If a good market search and patent search does not turn up your idea, it would be wise to get a professional marketability study performed. A professional marketability study from a reliable source can give you a definitive answer to whether manufacturing cost is the problem or if there might be another reason this product is not on the market.  The marketability study might also recommend that you move forward quickly with this great idea!
            New products frequently appear that are so obviously useful that they should have been marketed long ago. If you are fortunate enough to come up with something that is very obvious, very marketable, and economically feasible, it could be a real winner!

I have thought of a great invention but I don't have any idea of how to actually make it. What now?
            Thinking out of the box is great and it is often the launching pad for terrific ideas, but thinking too far out of the box may result in frustration. We advise first-time inventors to stay within their area of expertise. Too often first-time inventors confuse an idea with an invention. For example, I may think that it would really be neat to have cars that hovered above the road on jets of air, eliminating the need for tires and making for a very smooth ride. That's an interesting idea, but that is all it is… an idea. I wouldn't have a clue as to how to create such an invention. Or, I might think, “wouldn't it be great to have a machine that you could just walk into that would immediately transport you to another location in the world.”  Those are just ideas!  They are way out of my area of expertise!  Inventions like those will have to be left to the scientists, or more likely, to the science fiction writers.
            Staying within your area of expertise does NOT mean that you have to know everything about how to make your invention right now. It just means that you must have the ability to find out what you need to know in order to proceed with your invention. When we began working on our first invention, Ghostline®, we did not know all that we eventually learned, but we did know that we could find the information. We could find the people who knew the information we needed to learn in order to figure out how to do what we wanted to do.
            We often hear from people who have an idea (a "wouldn't it be nice if" idea) but they don't know how to do it themselves and they don't know how to find an expert in the appropriate field to help them. By the way, if you are not cautious, the expert you hire to help you develop your invention may turn out to be the actual inventor, instead of you.. In order to be the inventor, you must have an idea of a way to make your invention work. At the very least, your expert may have to be listed as a co-inventor. The way to avoid this complication would be to have a special nondisclosure document that would make it clear that you are hiring the expert, paying him for his assistance, and stating that he has no claim of ownership whatsoever to your eventual invention. This document is called a contractor’s non-disclosure agreement and you will find a sample of this agreement on this website in the links on the home page.
            The chances of success for a first-time inventor are greatly enhanced when the inventor stays within his/her area of knowledge. Don't try to invent a complicated device on your first time out. Many simple, yet useful items that will make life easier for all of us are yet to be invented.

How soon will I start making money on my idea?
            This is something everyone with a great idea wants to know!  We certainly did. Unfortunately, there is no quick answer. There are too many variables to be able even to make a reliable guess. We can tell you that it will probably be much longer than you think. Inventing is fun and exciting but it is not a fast process. Some people seem to think that they can have money rolling in within six months of when they first had the idea. There may be cases of this happening, but they are the exception rather than the rule. The period from idea to income will probably take two or three years or more. If you have a great idea however, don’t let the time involved deter you. Once the money does start to come in, all the effort will have been worth it.

I think my idea is a great one but how can I know if it would make a good invention?
            You are a wise product developer to ask this question. Many times independent inventors are so enamored with their ideas that they fail to look at them objectively to determine if they are likely to succeed in the marketplace. There are criteria against which you should measure your idea. If your invention meets all or most of the following criteria, you probably have a winner!

            If your invention meets most or all of the above listed criteria, you have a great chance for success. This does not mean that it cannot be successful if it does not meet all of these criteria; it just means it is not as likely. For example, an expensive item that is a one-time purchase can be a successful invention if the potential market is large enough.

I know that I am the first with this idea. I have never seen it for sale and I would have seen it if it were for sale. Where do I go from here?
            We totally understand how you feel. When you have a great idea for a product that you need and you have never seen it on the market, you just assume that you are the first with the idea. We have to fight that tendency ourselves every time we come up with a new product idea. It is a natural thing to do. We are sorry to have to tell you though, that it is not as simple as that. Many, many ideas that never make it to the market have been patented. If they are in the patent database (if they have ever been patented), you cannot get a new patent on them. The United States Patent and Trademark Office (USPTO) tells us that 97% of the patents issued to independent inventors never make it to market. But they are still patent protected, making them unavailable for new patents. Other great ideas that are not patented have been offered for public sale, perhaps on an obscure website or in a catalog with limited distribution. If they have ever been offered for sale, it will not be possible to get a patent on them.
            So, the first thing you must do after getting your great idea is to complete some research to be as certain as you can that the idea is available for you to pursue. You do this in two ways. First, you will need to do a market search (to be certain that it is not already offered for sale). Then, you will need to do a preliminary patent search. You can do this search yourself from the comfort of your own home or office with the resources that are available over the Internet.

Can I do a market search myself?
            You can and you should!  Before you invest money in your idea, invest your time to determine if the idea is yours to pursue. Start by going to the type of store that would offer your invention for sale. For example, if your idea is an office product, go to office supply stores and make sure that you do not find your invention already being offered. Then, check specialty catalogs that might be likely to carry a product such as yours. Some products are offered online through websites and nowhere else, so it is a good idea to do an online search using key words and checking all of the links that appear for those words.

I have never done a patent search. How do I do this?
            You can do it in one of two ways. You can go to one of the Patent and Trademark Depository Libraries (PTDLs) that are scattered around the country or you can do it from your own computer. Your local library can direct you to the closest PTDL or you can find a complete listing of the PTDLs on the USPTO’s website at  http://www.uspto.gov/go/ptdl/ptdlib_1.html. The PTDL librarians are thoroughly trained to help you to do the best search you can.
            If you choose to do your own online patent search there are a few things you need to know in order to make sure that you check thoroughly.  We offer a free step-by-step guide to patent searching on our website at http://asktheinventors.com/Books/patentsearch.htm. There is also a new free Google patent search site that is very user friendly. You can find it at www.google.com/patents. The aforementioned search sites are for US patents only. If you wish to search international patents, you can do so at www.espacenet.com.

What is a preliminary patent search?
            Good question!  A preliminary patent search is another search that you can and should do before you invest your time, your money and more importantly, your heart and soul into this invention idea. Preliminary patent searches are also often called knockout searches. The purpose of a preliminary patent search is to take a look at the United States Patent and Trademark (USPTO) database to see if you find your exact invention idea. While this preliminary search won’t replace the professional patent search, if you do find your exact invention, you have avoided spending time and money on a futile effort.

 

If it is a simple idea, Could it still be a good one?
            You bet! In fact, it is often the case that the simplest inventions are the best and have the widest appeal. For example, if you were to think of a simple container for breakfast cereal that is easier to deal with than the traditional cereal box, your invention would appeal to millions of people. If, on the other hand, you were to think of a new kind of foot pedal for a unicycle, that invention would appeal to far fewer people.
            Many simple ideas have been the greatest. Where would we be without Ziploc bags?. . . or Velcro?   These simple ideas have made a difference in all of our lives. 

Can I tell all my friends about my great idea?
            Fight the urge!  If this idea is as great as you think it is, you do not want to do anything that might jeopardize your chances of success. Tell only those friends that you trust completely and have them first sign a non-disclosure agreement. You can explain that you must ask them to sign the non-disclosure agreement in order to protect your rights to file for patent protection, not because you do not trust them. It’s the truth.
            Until your idea is protected, it is better to tell as few people as possible. In inventing, the first person to apply for a patent is usually the one who receives it. Because the USPTO observes the one-year rule in regard to patent applications, it is vitally important to always obtain a signed non-disclosure agreement (NDA) for your files before revealing your idea to others. As long as you have gotten a signed NDA before showing or discussing your invention, it is not counted as a public disclosure.. 

Public Disclosure
The USPTO has a One-Year Rule that requires that your patent application is filed within one year of the first Public Disclosure. A public disclosure can be any of the following situations:  showing or describing the invention without first obtaining a signed NDA, describing it in a published document, offering the invention for sale or actually selling it. If you fail to apply for a patent within one year of any of the above instances, the invention will be considered to be in the public domain and not eligible for a patent.

I'm just a kid but I have thought of some great ideas for inventions. Can I be an inventor too?
            Absolutely!  There are products on the market right now that were invented by young people. Did you know that the technology for television was invented by a 14 year-old boy?  Young people are great inventors!  Go to any store and you will see products that were invented by youngsters. There are no age requirements for owning a patent. Go for it!

I want to make a change to a bicycle that will be an added feature. Would I just get paid a royalty on the added feature or on the whole bicycle?
It is all going to depend on the agreement you and your attorney are able to work out with the manufacturer. We believe it would depend on how much your invention changes the bicycle. Is it a small additional feature or is the basic design changed so that bicycles with your invention would be significantly different from ordinary bicycles?  If it is a small feature that would be added to an existing bicycle, you would probably be paid royalty only on the added feature.
            If, on the other hand, your design changes the entire bicycle, we think you could reasonably expect to receive a royalty on the wholesale selling price of the entire bicycle. For example, when CPP International sells a piece of poster board with the Ghostline® grid printed on it, our royalty is based on the total wholesale selling price, not just the cost of adding the Ghostline® grid to an ordinary piece of poster board.

What should I do if I have an idea that improves an existing patented product?
            Most inventions are improvements on existing products. Yours is a legal question and we are not attorneys. That said, this is our understanding of your situation. It depends on the patent on the existing product. If that patent is written in broad enough terms to anticipate your improvement, then you would not be able to develop your product. If, on the other hand, your improvement is not anticipated in the existing patent, you may be able to get a patent on your improved version of the product. I hope that is the case for you. In any event, you should speak to a patent professional. Take a copy of the existing patent along with your improvements when you go to visit with them.

Getting Started

Is it important to document when I first had my idea? How do I do that?
            It can make the difference between having the right to get a patent on your idea and losing the opportunity!  It is very important to document when you first had your idea because the U.S. is a First to Invent country. This means that if more than one person were to file for a patent on the same invention, the person who can prove that he had the idea first and that he has been continuously working on it would be legally considered to be the inventor.
            You can document your idea by starting an inventor’s journal and by filing for patent protection. Throughout our country’s history there have been numerous times when more than one person filed a patent application on the same invention at about the same time. The person who was able to document that he was first with the idea and was continuously working on it was the person who was entitled to the patent. Did you know that Alexander Graham Bell’s patent on the telephone was challenged by another inventor of an extremely similar device? Bell won the right to the patent by proving that he was first with the idea. Henry Ford also faced a challenge when he attempted to patent the automobile. Again, he proved he was first so he was granted the patent. We can’t emphasize enough the importance of documenting when you had your idea!

Can I send a self-addressed letter to myself to prove when I had my great idea?
            Oh, we wish it were that easy!  The short answer is no. The courts have ruled that a self-addressed letter to yourself is not legal proof of when you had the idea. The reasoning is that someone could mail an unsealed envelope to himself, insert a back dated description and seal the envelope at a later time. Popular belief has long held that this “poor man’s patent” would prove the origination date of an invention idea. That is simply not true.

What are the very first things I should do to get started?
            At the risk of being redundant. . . start an inventor’s journal, perform a market search, and a preliminary patent search.  This bears repeating, however. It is that important!

I didn’t find anything at all in my patent search. That’s good, right?
            Not really!  If you found nothing, at all, even close to your idea, you may not have done a thorough enough search. Most ideas will turn up some similar patents or at the very least patents on products designed to solve the same problem. Patent searching is a tedious task and, even with our guide, it should take you at least a day or two to carefully look at patents using key words and then look at prior art and classification numbers. You may not have taken enough time doing your search. Get back to work!

PRIOR ART
Prior art is a broad term given to all knowledge, products, patents, information etc. which relate to the subject matter of a patent application and which was public prior to the date the patent application was filed. In addition to products on the market, prior art can include information in published articles and known methods and techniques.

I found a patent on my idea but it has expired. Can I get a new patent on it?
            It would be great if we could do that, but the answer is a resounding no!  Once a patent has expired, it goes into the public domain. That means that anyone can manufacture, distribute and sell the product. The technology described in the patent belongs to everyone and anyone who chooses to use it.

In trying to do my online patent search, I cannot get any of the images. What am I doing wrong?
            Relax!  You are not doing anything wrong. Your problem is easily solved. First, you must have Adobe Reader (a free download) and then you simply need to download either InterneTiff or AlternaTiff, free programs that you can find by simply typing InterneTiff or AlternaTiff into Google or another search engine.

PRINTING PATENT IMAGES
When you are viewing patent images and wish to print them, click on the icon at the top of the image page, NOT the icon at the top of your monitor that you normally use for printing.

I’ve done my market search and my preliminary patent search and have not found my exact idea anywhere. How can I start claiming this idea as mine?

            Wonderful!  It’s looking good for your idea at this point. You can start claiming the idea as yours in a couple of ways. First, you can (same song different verse!) . . . start keeping an inventor’s journal!  Second, you can begin using non-disclosure agreements each and every time you show or discuss your idea with anyone. Since the U.S. is a First to Invent country, it is very important that you start documenting when you first had the idea, when you started working on it, and that you have been continuously working on it without long periods of inactivity. We are going to keep telling you to start your inventor’s journal until it becomes ingrained, so get used to a little nagging. Like your mom, though, we are doing it for your own good!

What is an inventor’s journal and where can I get one?
            The inventor’s journal is simply a blank book with stitched-in (not glued-in), lined pages that are numbered. You can number them yourself if the book does not come already numbered. You can get them from many sources. They are often called composition books and generally are available from drugstores, grocery stores, office supply stores, etc. The cost is minimal, usually under $5. A little fancier, and a little costlier, version is also available from the United Inventors’ Association (www.uiausa.org).

How do I fill out an inventor’s journal?  
            Very carefully and thoroughly!  Your journal will only be considered a legal document and proof of when you had your idea if you fill it out in a very precise manner. You can start out by describing and drawing your invention the best that you can. Then you need to have two people who are not related to you to read your description and sign and date the page where you described it. This is very important. It is essential that you keep your journal in exactly the right sort of journal book. It must be a book in which the pages are stitched or sewn in. It must not be a book with glued pages. Another important thing about your journal is the manner in which you write your entries. Write your idea in detail in the book and include drawings as needed. Fill in the pages completely, writing in ink from top to bottom and side to side, ignoring the margins. You must write on every single line all the way across the page. If your sentence ends before the end of the page leaving a portion of blank line, simply line through that area to indicate that it was intentionally left blank at the time of the entry. Ignore the margins. Just completely fill it in. Do not ”white out” or erase anything. Just cross out any mistakes. You must not leave any spaces that could be filled in at a later date. That is why it is important to cover each entire page. Do not skip any pages. Write on both the front and the back of each page. Your journal is VERY IMPORTANT because it establishes when you first got the idea and exactly what your idea is.
            Each new entry into the journal should start immediately following the last entry. It is important to always date the beginning of each entry. Your journal will be a complete record of your progress with your invention. Keep it just like a diary. Tell every detail of your efforts regarding your invention. List names of people you talk with and new ideas relating to your invention as they come up. The journal can serve as legal proof in a court of law of when you first came up with the idea for your invention and how you developed it.
            If two people have the same idea and both have journals, the one with the earliest beginning date will be considered the inventor. This is the reason it is important not to leave any blank spaces as you write in your journal. If you need to show your journal in a court of law, and the spaces are all filled in, it doesn't look as if you came back at a later date and added information.
            After you have thoroughly described your invention, ask a friend who will have no financial interest in your invention to read, sign, and date the book after he/she has signed a nondisclosure agreement (NDA). Date each subsequent entry and keep a continuous record of your progress with your invention. Staple receipts for materials, etc. to the pages if you wish. Periodically, ask a friend to read, sign, and date the journal. It does not have to be the same friend as long as you have a signed nondisclosure agreement from each person who participates.

When you talk about keeping a journal (which I have started) and having 2 people sign it other than a relative....does that count significant others or domestic partners?  
            Would that significant other or domestic partner share the benefits from your invention? If so, they should not be the ones to witness your journal. Your journal should be witnessed by people who would not profit from your invention.  

Also, is there a time limit on how soon someone signs the journal after you write your initial idea description?
            There is no time limit but. . . the sooner the better!

What if I need to tell someone my idea in order to get his or her help? 
            There is a right way and a wrong way to do it. Be smart!  Do it the right way to protect your invention and your right to file for patent protection on it. If you need to tell someone, ask him to sign a non-disclosure form. You can find sample NDA’s at the back of this book. Do NOT show or discuss your idea with anyone, even a professional service provider, such as a prototype designer, without having him to sign the appropriate NDA for your files. The exception to this rule occurs when you discuss your invention with a patent agent or a patent attorney. These individuals are bound by the ethics of their professions to hold your idea in confidence, so sharing the idea with them without using an NDA will not start the clock ticking on your patent filing date.

What are non-disclosure agreements and why are they important?
            You need to get familiar with these right away. NDAs, described in Chapter One, are legal documents that should be used liberally by every inventor.  Non-disclosure agreements (NDAs) ,sometimes called confidentiality agreements, are extremely important for protecting your idea and for allowing you the time you need to develop your product. They are simple legal documents that you should have signed by anyone to whom you show your invention. The documents state that the recipient has seen your invention and he agrees not to tell anyone else about it or to use it in any way.  In addition to putting the receiver of the information on notice regarding your ownership of the information, the NDA serves another very important function.  Getting a signed NDA for your files before revealing your invention prevents the disclosure of the idea from being a public disclosure.  A public disclosure starts the clock ticking on the filing date for your patent application, allowing you only a year in which to file.
            A sample non-disclosure document, prepared by our Texas patent attorney, is provided at the back of this book. It can also be printed from our website (on the home page under the Ghostline® ghost on the right side of the page).  The NDA is a legal document that you will keep in your files to prove when and to whom you showed your idea.
            There are two basic types of NDAs that are used by independent inventors. The first is a standard NDA and it should be used when showing or discussing your invention with anyone. The second is a Contractor’s NDA and it should be used when hiring any professional to help you make a prototype or develop your invention. The Contractor’s NDA simply states that they are working for hire and any improvements or changes they make to the invention remain the sole property of the inventor. This NDA protects the inventor from inadvertently ending up with a co-inventor who would have a claim on the invention.

Do I have to go to an attorney to have a non-disclosure agreement created?
            You can, if money is just burning a hole in your pocket and you want to spend more than you have to.  Unless there is something about your invention that requires more specific information than the usual NDA’s provide, you do not need to go to an attorney to get an NDA. NDAs are readily available from multiple sources. You can find sample non-disclosure agreements in the back of this book. Also, most inventor clubs give free non-disclosure agreements to their members and guests. Free non-disclosure agreements can be found on the United Inventors’ Association (www.uiausa.org) website as well. If you have any question about the protection of the NDA you plan to use, consult an attorney or an agent in your state.

I don't know what kind of protection I need for my idea (Patent? Trademark? Copyright?)
            We cannot advise you for your specific situation, but these are the differences, as we understand them. A utility patent, also referred to as a non-provisional patent, protects useful processes, machines, articles of manufacture and compositions of matter. A design patent is granted on the ornamental design of a functional item. A trademark is for a product name, logo or slogan that describes a product. A copyright is for written, musical, or artistic work. An intellectual property attorney could tell you which kind or kinds of protection would be appropriate for your idea.  Most patent attorneys and patent agents do not charge for the first visit with an inventor. Or, if you don’t know a patent attorney or patent agent, head to your local inventor’s club where you will probably be able to discuss the type of protection you need with a patent attorney or patent agent for absolutely no charge.

What happens if I find my product already for sale or already patented? Does that mean I am out of luck?
            Don’t give up until you have no alternative!  You may or may not be out of luck. It depends on several factors. If you find that your invention idea is already offered for sale and it is not patented, you may manufacture and sell it, too. If it is not patented, it is in the public domain. That means anyone is entitled to make and sell it. Many successful products have never been patented at all. The Post It Notes product is a well-known item that falls into this category.  That product was never patented but it has certainly been a success in the marketplace. Many different companies make their own versions of it.
            If you find that your product is already patented but is not on the market, that too, may offer you an opportunity. If the inventor never managed to get his idea to market, he may be willing to either sell the patent rights to you or he may be delighted to find someone who is as enthusiastic about the idea as he is and thus be willing to partner with you. You can find the patent holder’s name and address listed on the patent.

PUBLIC DOMAIN
A literary work or an invention whose copyright or patent has expired or that never had such protection is said to be in the public domain. These works and inventions are available to anyone.

Do you have a list of the steps of inventing that will help me keep on track with my invention?
            We do. While many of the steps to inventing are the same no matter what your product is, there are few hard and fast rules of what must be done and when. These are steps we took when we invented Ghostline®. You may wish to use them as a guideline or you may want to blaze your own trail. Whatever you choose, hold on to your hat for a wild ride!  Inventing is exciting, exhilarating, discouraging, tedious and thrilling (sometimes all in the same week!).

I feel so all alone in this process. I need a support group to help me through this. Are there clubs for independent inventors? If so, where can I find them?
            Indeed, there are such organizations and you are a wise inventor to seek them out! Inventor clubs often have patent attorneys and patent agents among their membership who give freely of their advice at the meetings. There are usually members who are prototype professionals, marketing professionals, as well as inventors at every step of the inventive process. The networking opportunities and the shared resources at the meetings can make the difference in whether you get your product to market or not.
            Inventors Digest Magazine (www.inventorsdigest.com) and the United Inventors’ Association (www.uiausa.org) both maintain lists on their websites of active inventor clubs.
            If you are not in an area served by an inventor’s association or club, you can find support and encouragement on websites like ours as well as the websites of Inventors Digest Magazine and the United Inventors’ Association. There is help if you seek it out!

I have a great idea for a baby product. My friends tell me I should take it to Babies R Us. Should I?
            Whoa!  We know you are excited about your idea but you could ruin your chances of making any money from it if you rush off to show some company your idea before you have done your due diligence. Undoubtedly, your friends are excited about your idea and want you to jump right to the end of the process. They mean well, but it would be a BIG mistake to do that now. You should have some protection in place before you show it to any manufacturer or retail store. But, first things first. . . do a market search and a patent search before you do another thing.

Making it real!  Build a prototype

What is a prototype?
The dictionary describes it this way:  “the original or model on which something is based or formed”  For an inventor, a prototype is simply a working model of the invention.  It does not need to look like the final product. It does not need to be made of the materials of the final product. It only has to show what the invention is, how it works, and that it does work. That's it!

I know my invention will work the way I envision it.  Why do I need to actually build a prototype?
Your words sound familiar to us because we felt the exact, same way!  But not going through the prototype process would have been a huge mistake.  We thought we knew exactly what our invention should be.  Ghostline®, our invention, is lines that can be seen up close for lettering or drawing on poster board.  We made our first prototype by simply measuring and drawing light pencil lines on poster board.  When we got ready to have our first prototypes printed (after studying inks, screen and off-set printing) we first tried extremely thin black lines (too dark!  We could see them across the room!).  Then we tried gray lines (again too dark!)  We decided to try blue lines (again, no good!)  We thought we had hit upon the correct ink formulation when we tried pure white (too hard to see!).  When we decided on yellow lines and had the first batch printed we were elated when we saw them at the printers (under florescent lighting).  The lines were easy to see up close but could not be seen at a distance.  We thought we were home free until we took them home and placed them on the kitchen table (under incandescent lighting). . . OOPS!  The lines disappeared entirely!  All in all, on a simple invention like ours, we went through seven or eight prototypes before we finally hit upon the exact right formula that made the lines visible from a writing distance but virtually imperceptible from any distance away. 
We learned that even the simplest of inventions needs to go through the prototyping process.  During that process you will find things that will not work, that you thought would work.  You will discover improved ways of making your invention that you might never have thought of if you had not made a prototype. 
Going through the prototyping process you will be able to make your invention in the best possible form.  This is very important when it comes time to file for your patent protection.  You want to be the one who has thought up every possible improvement on your invention before someone else does and makes your patent obsolete. 
We strongly urge every inventor to make a prototype of their invention, if they can at all! Skipping the prototyping process is a big mistake!

Can I build my own prototype?
Absolutely!  In fact we encourage you to make your own prototype.  You can make it out of any materials or even other products that you find.  Go to the hardware, hobby or any specialty store that might have the parts you need to assemble your prototype.  Build it to be certain that it works the way you think it will. 

Does my prototype have to look like the final product?
No, it only needs to demonstrate what your invention is, how it works, and that it DOES work. 

How can I find someone to help me build a prototype?
There are many sources of help.  The first place to look is your local inventors club that may have professional prototypers as members.  Another place is in the Yellow Pages.  Sometimes they are listed as prototypers.  Other times they will be listed according to the services they provide.  For example, if you need a machine shop to help you simply look under “machine shops” or “metal fabrication.”          

How much will it cost to build a prototype?
There is no way to even guess at the answer to this question.  It all depends on your invention, its complexity and the materials of which it is to be made. 

I don’t have a machine shop; can I make my own prototype?
If you have tools to use or can borrow them from a relative or friend.  Many independent inventors devise ways to make their first prototype themselves.  If you can, do it!

My prototype needs some engineering, where can I find help building it?
If your product needs engineering help you may be able to find that in the engineering department of your local university.  Often graduate or senior students will take on projects for independent inventors for bargain prices.

My prototype needs to be made of plastic, how can I do that?
If your prototype needs to be made of plastic you can find listings for plastic manufacturers.  Speaking of plastic prototypes, if you only want to make one or two working models you may be able to make them yourself with the help of a video that explains how to make your own plastic prototype from simple readily available materials. You can find that video at www.plasticprototypes.net.

Check out this source for rapid prototypes!

Alpha Prototypes

Rapid Prototyping Services - the process of converting CAD drawings into physical parts. Specializing in stereolithography. Easy online quotes that provide instant pricing for prototypes.

What is an injection mold?
It is an expensive mold used by manufacturers.  They pour liquid plastic or other materials into the mold and create thousands or millions of identical products.  Injection molds are extremely expensive often costing from $20-30,000 on the low side to well over $100,000 or more!  Most independent inventors find the costs prohibitive.  That is really just as well in most cases, if you plan to license your product. Unless you plan to be the manufacturer of your product you should make the best prototype that you can to show what your invention is, how it works and that it does work.  Then, if you license your product, let the manufacturer get the injection molds made.  It is unlikely a manufacturer would use your mold even if you had one made.  It is likely that they will make minor changes that would necessitate a new mold anyway. 

 

How can I be sure that my idea is not already out there?

It is essential to conduct both a market and patent search to make sure that you are the first person with the idea.  We suggest that you start by going to the type of store that would eventually offer your invention for sale.  For example, if your idea is an office product, go to office supply stores and make sure that you do not find your invention already being offered for sale.  Also, check specialty catalogs that might be likely to carry an invention such as yours.  If you do not find it at the kind of store that carries similar items or in a catalog, it is time to do a patent search.  There are several ways to do this.  One way is to go to the nearest Patent and Trademark Depository Library (see the list posted on our website under "Libraries").  The librarians in the Patent and Trademark Depository Libraries are very knowledgeable and helpful and this service is free.  Or, you can conduct a fairly thorough search online by going to www.uspto.gov (on our "links" page) if you enter every key word that you can think of to describe your invention.  It is also very important to do a "classification" search.  Many times you will come across inventions listed in the same classifications as yours that you might have missed doing only a key word search.  It is also very important to search all possible years.  When we were inventing Ghostline, we found a patent from 1877 (that was NOT a typo) that had to be listed as "prior art" for our second patent.  If you need a little help in doing the search online we offer a free patent search e-book.  Just request it through our website and we will send it right out to you.   Finally, you can hire the search done by either a patent agent or one of the firms that specialize in this service in the Washington, DC area.  We have links to the patent agent we personally use as well as a firm we trust in the DC area.  You can find links for both on our "Helpful Links" page.

What if I need to tell someone my idea in order to get his or her help? 

If you need to tell someone, have him or her sign a "non-disclosure" form that says that they are not allowed to talk to anyone else about the idea. You can find a sample NDA that you may print out on the right side of our home page right under the little Ghostline ghost.

I don't know what kind of protection I need for my idea (patent? trademark? copyright?).

We are not attorneys so we cannot give you any legal advice but these are the differences as we understand them.  A utility patent is for an invention that is utilitarian (it has a use).  A trademark is for a product name, logo or slogan that describes a product.  A copyright is for written or artistic work.  An intellectual property attorney could tell you which kind or kinds of protection would be appropriate for your idea.  

What should I do after I get a great idea?

Follow through! Many people have some really good ideas for great new products, but most of them never do anything about it. Thomas Edison, one of the greatest and most prolific inventors in American history, said, "I have more respect for the fellow with a single idea who gets there than for the fellow with a thousand ideas who does nothing." Following through is the difference between a successful inventor and a dreamer. Don't get us wrong! There is nothing wrong with dreaming. In fact, it can often be the starting point. Some people daydream terrific ideas. Others actually dream great ideas while they are sleeping. Our terrific idea came in a real dream. Inspiration can come at any time and in many ways. Be open to it.

Once I have a good idea for a new invention, then what?

The first thing to do is to start keeping a journal. In the journal you need to describe and draw your invention the best that you can. Then you need to have two people who are not related to you to read your description and sign and date the page where you described it. This is very important. It is essential that you keep your journal in exactly the right sort of journal book. It must be a book in which the pages are stitched or sewn in. It must not be a book with glued pages. Another important thing about your journal is the way you write in your entries. You must write on every single line all the way across the page. Ignore the margins. Just completely fill it in. Each new entry into the journal should start immediately following the last entry. It is important to always put the date at the beginning of each entry. Your journal will be a complete record of your progress with your invention. Keep it just like a diary. Tell every detail of your efforts regarding your invention. List name of people you talk with and new ideas relating to your invention as they come up. Your journal will show when you first had your idea and how you developed it. The journal can prove in a court of law when you first came up with the idea for your invention. If two people have the same idea and both have journals, the one with the earliest beginning date will be considered the inventor. This is the reason it is important not to leave any blank spaces as you write in your journal. If you need to show your journal in a court of law, if the spaces are all filled in, it doesn't look as if you came back at a later date and added information. You can find inexpensive books that are perfect for this purpose at any drugstore, grocery store or office supply store. They are often called 'composition books' and can be purchased for under $3.

INVENTION IDEAS

I have some great ideas, but I don't want to actually invent them myself.  Is there a company that will pay me for the ideas?

Many people want to sell an idea but that is nearly impossible unless your invention is a toy and that industry works in a completely different way. Many times patents are not required for toys or games. Generally companies want to buy inventions that are protected with a patent. 

I want to make a change to a bicycle that will be an added feature.  Would I just get paid a royalty on the added feature or the whole bicycle?

We believe it would depend on how much your invention changes the bicycle.  Is it a small added feature or is the basic design changed so that bicycles with your invention would be significantly different from ordinary bicycles?  If it is a small added feature that would be added to an existing bicycle you would probably be paid royalty only on the added feature.  If, on the other hand, your design changes the entire bicycle, we think you could reasonably expect to receive a royalty on the wholesale selling price of the entire bicycle.  For example, when Carolina Pad sells a piece of poster board with the Ghostline grid printed on it our royalty is based on the total wholesale selling price, not just the cost to add the Ghostline grid to an ordinary piece of poster board.

My invention is a . . . . . . . . . and I want to know if you would be interested in partnering with me?

We are flattered that you would ask us to "partner" with you but we partner only with one another.  We may be able to help you by working as your agents, if your product is in the school/office supply category.  If it is not, we may be able to recommend legitimate agents who do work in the area of your invention.

I have an idea for using an existing product in a whole new way for a completely new market.  Can I get a company to pay me for my idea?

It is certainly possible that a company might pay, at least something, for an idea that would expand their existing market substantially.  It is not something we have any personal experience with but it sounds reasonable.  You might need to approach the manufacturer by explaining that you know of another use and market for their product that could increase their sales dramatically.  Explain that you will tell them what the market and use is if they will agree to pay you a royalty on all sales to that new market.  Do your homework before you go to them.  Find out how big that potential market could be.  Would they be distributing the product to retail outlets that they do not currently serve, or would the product just appear in another part of a store where their product is already sold?  It is certainly worth a try.  We wish you great success!

We are students and we want to know how to invent an automatic napkin dispenser.  Can you help us?

The name of our website may have caused you some confusion.  It sounds like we answer any question but actually this is a website run by my sister and me, who try to help people who want to be inventors.  We give them advice and tell them the steps they need to take to go from having an idea to having an actual product on the market. 

I have thought of a great invention but I don't have any idea how to actually make it.  What now?

We advise all first-time inventors to stay within their area of expertise.  Too often first-time inventors confuse an "idea" with an invention.  For example, I may think that it would really be neat to have cars that "hovered" above the road on jets of air, eliminating the need for tires and making for a very smooth ride.  That's an interesting idea, but that is all it is, an idea.  I wouldn't have a clue as to how to actually make such an invention.  Or, I might think, wouldn't it be great to have a machine that you could just walk into that would immediately transport me to another location in the world.  Those are just ideas!  Way out of my area of expertise!  Inventions like those will have to be left to the scientists, or more likely, to the science fiction writers. 

Your area of expertise does NOT mean that you have to know everything about how to make your invention right now.  It just means that you must have the ability to find out what you need to proceed with your invention.  When we were first working on our first invention, Ghostline, we did not know all that we eventually learned, but we did know that we could find out what we needed to know.  Or, we could find the people who knew the information we needed to learn in order to figure out how to do what we wanted to do.

We often hear from people who have an idea (a "wouldn't it be nice if" idea) but they don't know how to do it themselves and they don't know how to find an expert in the appropriate field to help them either.  By the way, the expert you hire to help you develop your invention may turn out to be the actual inventor, not you, if you are not cautious.  You must know of a way to make your invention work to be the inventor.  At the very least, your expert may have to be listed as a "co-inventor."  The only exception to this would be if you have a special nondisclosure document drafted (by an intellectual property attorney or a patent agent) that would make it clear that you are "hiring" the expert and they have no claim whatsoever on your eventual invention. 

The chances of success for a first-time inventor are greatly enhanced when the inventor stays within his/her area of knowledge.  Don't try to invent a complicated device on your first time out.  There are many simple, yet useful, items that will make life easier for all of us yet to be invented.

I have invented a new food item.  Does the information on your website apply to food inventions also?

Food items are some distance away from the types of inventions we are familiar with, but you may need to get some sort of protection, depending on exactly what your item is.  If it is a new recipe for something you may only need to keep it confidential as a "trade secret."  A patent attorney or patent agent could tell you for sure.

Inventors Digest Magazine devoted an entire issue to the development and marketing of food items.  Just go to www.inventorsdigest.com and look for 'Back Issues.'  Then look for the one that say, "Inventing for Food" on the cover.  Perhaps that magazine will give you some guidance in the development and submission of a new food item.

I have a great idea that I just cannot believe is not on the market already.  It's so obvious.  Why would this be?

Some very good products don't reach the marketplace because they are just too expensive to manufacture and sell.  But...don't jump to that conclusion.  There could be other reasons.  If a good market search and patent search does not turn up your idea, the Wisconsin Innovation Center, http://academics.uww.edu/business/innovate/index.html , is an excellent place to start.  Their evaluation can give you a definitive answer to whether or not cost is the problem.

How can I figure out how much it will cost to manufacture my invention?

That can be a difficult thing to do, but here are some guidelines:  Most products need to be able to retail for 4 to 5 times the cost of producing them.  So, if you can find a similar product that is on the market, look at the retail price and divide that by 4 or 5, that should give you a 'ballpark' idea of the cost of production.  If you cannot find a similar item, look at other items that would be made from the same materials and use approximately the same amount of materials and see if you can do the math backwards on them.  This is a very rough way to do it.  Obviously the best way is to find the cost of the raw materials and get estimates from manufacturers on the cost of producing the item.

FUNDING

I have good ideas but no money.  Where can I find funding?

Funding is about the biggest obstacle an independent inventor has to face.  We have a couple of links for you to check out.  Each one has several sources of possible funding.  The first, www.uiausa.com/ConnectionPage.htm#funding , is from the United Inventors Association website.  The second link, http://inventors.about.com/cs/gettingthemoney is from a search engine called About.com.  There are a number of funding sources listed there.  We do not have personal experience with them, so check them out thoroughly before doing business with them, but we have no reason to believe that they are not legitimate, either.  It is just a good policy to check out any unknown source.

PROTOTYPES

Where can I get a prototype made and what will it cost?

Prototypes do not have to be elaborate or expensive.  It does not have to be made of the materials that the final product would be made of.  Just make it out of any material you can find.  It only needs to demonstrate what your invention is, how it works, and that it DOES work.  If your invention is something that you cannot make even a rough prototype of yourself there are companies that specialize in making prototypes.  Their fees can sometimes be quite expensive so if you are able to make it yourself you are often better off to do so.  Watch our "Helpful Links" page.  We expect to list several reputable prototype makers there soon.

If your prototype is something that needs to have a plastic injection mold they are extremely expensive.  Now, however, there are less expensive alternatives.  A process that is called "Rapid Prototyping" accomplishes the alternatives to plastic injection molding.  The machines that do the rapid prototyping are basically 3-D printing machines.  The machines take a drawing and "build" a model, microscopic layer by microscopic layer.  There are several different machines that are able to build prototypes in this manner.  The most common rapid prototyping machine are the ThermoJet, Genisys, Prodigy, JP System 5, Objet Quadra and the Z402.  You can find listings for companies all over the world that provide rapid prototyping servies by using the keywords, "Rapid Prototyping Service Bureaus" or by going to:  http://home.att.net/~castleisland/u_lks.htm .  On this site, page down to the heading "Commercial Service Providers" and you will be able to find the rapid prototyping service nearest you.

Rapid prototyping does not replace plastic injection molding for durability.  It is, however, able to make a prototype that will clearly demonstrate what will be needed to manufacture your invention.  A prototype made with the rapid prototyping process is usually more than sufficient for an inventor to show a prospective licensee.  And, the cost is dramatically less expensive.  It is not unusual for a plastic injection mold to cost tens of thousands of dollars.  Rapid prototyping can cost around $20 per cubic inch of material used to make it.  That's quite a difference.

What is a prototype?

It is a model of your invention. It does not have to look exactly as you envision the final product to be. It just has to be a good enough model that any prospective manufacturer could see exactly how it works, and that it will work. Your prototype may be made of cardboard, when the actual product would be made of plastic or metal.

Are "virtual prototypes" useful for independent inventors?

Yes! When the cost of making an actual prototype is prohibitive virtual prototyping is an excellent alternative. Virtual prototyping consists of 3D CAD animated drawings that illustrate what your product would look like from every angle. If there are working parts to your invention they demonstrate how the parts work. Virtual prototyping can be expensive but we know of a source of excellent virtual prototypes at the most reasonable costs available. Contact us if you wish to get a referral.

PRODUCT EVALUATIONS

Do I really need a professional evaluation of my invention?

Before you spend a lot of money on a patent for your invention it is a good idea to get it evaluated by a professional firm.  They can analyze the competition, the market acceptance and the cost of manufacturing your product, among other things.  There are several places you can go for legitimate invention evaluations ( Beware of the scam evaluation and promotion companies!) The costs for their services vary generally from around $50 (for a very limited study of your invention) to around $500 for a very thorough and useful evaluation.  You will find a few listed on our "Helpful Links" page and our "Want Us to Help You?" page.

Is it possible to get a market evaluation before you begin the patenting process, or should you wait until you get some type of protection?

It is not only possible to get a market evaluation first, it is highly recommended!  Most people, in their zeal to get their great ideas 'out there,' don't consider 'doing their homework' first and sometimes cause themselves a lot of grief.  It is great to hear from someone who is doing their product development in a methodical way.

If you get a good evaluation before proceeding to patenting, you can often save yourself a lot of money, far more than the cost of the evaluation.  These evaluations cover so many important things that product developers need to know about their new products, such as who (and what) your competition is, where the actual marked lies, how large the possible market may be, manufacturing cost vs. retail selling price, possible weaknesses in the product that could be corrected before patenting, even possible licensees, etc.  Good evaluation services have contacts all over the world that they utilize in evaluating new products.  That is something that an independent product developer would find very difficult and time consuming to do.

These services will provide you with signed non-disclosure documents, so you can feel comfortable in disclosing your information to them. We have two such services that we recommend on a regular basis because we know them to be thorough and reasonable in price.  They are:

http://academics.uww.edu/business/innovate/index.html and

http://uiausa.com/UIAIAP.htm .

 

How did you find your patent attorney?

We joined our local inventors group and got the recommendation from them.  We actually visited with about four attorneys before we decided on one.  We hired him, had difficulty communicating with him and finally went back to the first patent attorney we saw.

How much did it cost to get a patent?

In 1994-95, when we were getting our patent, it cost between $6,000 and $8,000.  We paid around $2,500 to start and then paid other fees as they were due.  It is our understanding that most patent attorneys allow clients to pay fees as they come due and as work progresses on the patent.  Many patent attorneys or patent agents do not charge at all for the first visit with them when they evaluate the patentability of your invention.  Check to be certain that this is their policy, however, before scheduling an appointment.

What is a Provisional Patent Application and how might that help me, an independent inventor?

A provisional patent application is exactly that, an application. It will never result in an actual patent unless you convert it to a regular utility patent application. There are advantages to filing a provisional patent application if your product is ready for licensing (i.e. a thorough patent and market search has been done, a working prototype exists, and an analysis of cost of manufacturing vs. retail selling price has been done). It is also a good idea to have a professional product evaluation performed by a legitimate source (NOT THE COMPANIES YOU SEE ADVERTISED ON RADIO, TV AND IN PRINT!). The filing fee for a provisional patent application is only $100 (significantly less than the filing fee for a regular utility patent application). The beauty of the PPA is that it allows you to legally state that your product is "patent pending" from the moment you drop your application into a U.S. mailbox. You are then ready to present your product to potential licensees with some degree of comfort that they are unlikely to "rip you off" knowing that you have filed with the USPTO. Also, if you are able to find a licensee during the one year time period of the PPA then the licensee would likely pick up all the expenses related to filing and prosecuting the actual utility patent. You, of course, would still be listed as the inventor on the patent. The disadvantage of a PPA is that it has only a one year time period. If you let the one year elapse without converting it to a regular utility patent application and you have divulged your idea without the use of NDA( i.e. made a public disclosure of your idea), then you would forfeit your right to ever file for a patent on that invention. (Remember, we are not attorneys and there may be nuiances of the law and filing requirements that a competent attorney could and should help you to understand.) If you have NOT divulged your idea without using an NDA you may still file for a patent on your idea. You would, however, lose the earlier filing date that you would have benefited from if you had converted your original PPA to a regular utility patent application.

How much does it cost for a professional to write a Provisional Patent Application?

It all depends on where you go for help. Rates vary widely. Most attorneys and agents charge between $800 and $2,400 to write the provisional patent application.

Take a look! This letter recently came to us. This is a FREE online course to help you prepare your own Provisional Patent Application.

We are happy to provide you free access to our course, Do-It-Yourself Provisional Patent™. The 3-hour course is provided in 20 short segments, and we recommend that you watch six or seven segments at a time. The course is comprehensive and will enable you to write your own high-quality provisional patent application on your invention without the need for a patent attorney or any other resource.

The course is free to you with no strings attached. We do ask, as a courtesy, that you provide us feedback and/or a testimonial (if you are happy with the course) after you have completed it. Also, if you feel ready to take the next step and write your own nonprovisional application, our Do-It-Yourself Patent Course™ is available at www.PatentDVD.com.

Good luck!
Andrew Knight, J.D. and the Staff at Do-It-Yourself Patent Course™

 

I have a patent which I have licensed to a company. They are supposed to pay the patent maintenance fees. How can I be sure that they have paid them?

Maintenance fee information is available on the USPTO website and you can pay your maintenance fees online there. The exact location is: http://ramps.uspto.gov/eram/patentMaintFees.do

Did you do your own patent search?

We did.  In 1994 it was before patent searching on the internet was available through the United States Patent and Trademark Office's website (www.uspto.gov) so we did it at our local Patent and Trademark Depository Library.  The librarians there are trained by the USPTO and can help you to do a fairly thorough patent search yourself.  After having satisfied ourselves that our idea was patentable our attorney recommended that we have a professional search done also.  That is a good idea even though it turned out that we found the same "prior art" that the pros did.  Our attorney had the professional search done for us before we knew that we could go directly to the patent search firms rather than through the attorney and save a bundle of money in the process.  Our attorney charged us approximately twice what it would have cost if we had hired the professional searchers ourselves. 

Is the patent search guide you offer enough of a search before I file for a patent?

No!  The patent search guide teaches you how to do a preliminary patent search only.  It serves several purposes.  First, it allows you to do a "knock-out" search.  In other words, if you find your idea right away, you will save yourself further time and money if you know how to look for it in the patent database.  Also, if you do the best search that you can possibly do and have not found your invention, but you have made notes of the patent numbers and perhaps printed out the patents that are closest to your idea, you can save yourself some money when you take it for a professional search. 

I have done a patent search using your guide and found absolutely nothing!  Is this good news?

Not really.  If you found nothing at all even close to your idea, you may not have done a good enough search.  Most ideas will turn up some similar patents.  Patent searching is a tedious thing and even with our guide, it should take you at least a day or two to carefully look at patents from key words and look at prior art and classification numbers. 

Do I have to have a patent attorney?

You can submit your own patent application but we would not advise it. The rules of the USPTO regarding exactly how a patent application should be are very specific. Your best chance for actually getting awarded a patent are with the help of a competent patent attorney or patent agent. The road to getting a patent is long and there are pitfalls that a good attorney can help you to avoid. Also, a patent attorney or patent agent can write the claims in such a way that your patent is more likely to be comprehensive, affording you more protection.

We personally recommend patent attorney, Alan Theile. He is with Strasburger, Attorneys at Law, in San Antonio, Texas but he works with inventors all over the country. In addition to being an intellectual property attorney he is also a contract and international contract expert. To reach him Click Here.

I had my attorney file for a patent on my behalf.  When the "first office action" came back from the USPTO my attorney recommended that I drop it.  I did and then a year or so later I saw "my invention" on the market patented by someone else!  I feel betrayed by my attorney and the USPTO!  Do I have any legal recourse?

We are surprised that your attorney was willing to just accept the first office action (rejection of the patent, citing claims on other patents) as this is indeed routine with the patent office and it is almost unheard of for a patent to be accepted and issued without at least one office action.  Most attorneys and their clients understand this and just prepare to have to rewrite some claims in order to have it allowed.  We do understand that there is some attorney costs involved in rewriting the claims and resubmitting to the USPTO, but it is usually not as much as the writing of the initial application and can usually be paid over some period of time.  This is a real shame that you elected to drop it, especially since someone later patented essentially the same thing. 

As for whether you have recourse with the patent office, or your attorney, this is a legal question and we are not attorneys, so we cannot say what you might be able to do.  We would suggest contacting a different patent attorney for advice on how to proceed.

Does the USPTO routinely reject patent applications at the "first office action" in order to drive up costs for independent inventors?

We don't know.  We do know that it is their job to make certain that they protect patents that are already issued by rejecting any claims that could overlap those on existing patents.  So, for this reason, we believe they sometimes get over zealous in rejecting claims just to protect themselves.  We think they figure that if you really want your patent badly enough, you will provide proof to them that your claims do not interfere with those of a patent that is already in existence.

You can't.  It is a bit of a gamble when you file.  It is possible that someone else has already filed but it has not yet been published.  Patents are published 18 months after they are filed unless you are only filing for a U.S. patent and have specifically indicated on your application that you do not wish to have it published until it issues.  If you are filing for patents in countries other than the U.S., it is our understanding, that 18 months it the maximum amount of time that it will remain unpublished.

I found a patent for my invention but it is very old and expired.  Can I patent it now and sell it?

If you have found your exact invention then, no, you cannot receive another patent for the exact same invention even if it is no longer sold in the market place.  Once a patent expires it becomes a part of the "public domain" and anyone who wishes may manufacture and sell it.

I did a patent search and found a very close match to my invention but mine is better - am I out of luck?

Not necessarily, it all depends on how the claims are written on the offending patent.  If they are "broad" and anticipate your improvements then you would be out of luck.  If, however, the claims do not anticipate your improvement you may still be okay.  When my sister and I were inventing Ghostline we found a patent for a product that also produced a poster board with a very faint grid.  It served the exact same purpose as our invention.  At first we were devastated until we read the claims carefully.  It was then that we discovered that the patent that concerned us had a completely different and inferior method for applying the grid to the poster board.  We were able to go on and get three patents on our product.  So, the moral of this story is, read the other patent carefully.  If you are not certain that you understand the patent language (sometimes it can be very obtuse!) then take it to a patent professional (a patent agent or a patent attorney) and have them review that patent as well as your product idea. 

I have an idea I want to patent.  I do not have an actual prototype.  Can I do that?

This is what the USPTO says about that:  "A patent cannot be obtained upon a mere idea or suggestion.  The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine.  A complete description of the actual machine or other subject matter for which a patent is sought is required."

In trying to do my online patent search I cannot get any of the images.  What am I doing wrong?

What you need is 'Alternatiff.'  It is a reader for those image files from the USPTO.  This is a free download.  Then, you should be able to view the images.  Just go to this link and follow downloading instructions:

http://www.alternatiff.com/

How long does patent protection last?

The term of a utility patent is 20 year from the date