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If you have come up with a brilliant idea that could be used within a manufacturing industry or business, the first thing you should do is patent that idea. The process of patenting will protect you. If you do not patent your idea and discuss it with a company, and then in time you find out they have used your idea, you will have absolutely no recourse if you wanted to sue that company. To know how to patent an idea, your invention should fall into one of the three categories below.
In the USA, a government-issued patent lets an individual stop other people from using or selling their item within the US, or importing it into the US.
You can not receive a patent on anything that anyone could have figured out, or something like the law of gravity (it was not your idea!) Or any printed materials (these are covered by copyright).
A Utility Patent protects the rights of an individual who has invented an innovative technological product, for example a machine, a chemical compound or a new component part of a machine. That patent will be extant for 20 years from the application date and a utility patent is the most commonly applied for patent.
A Design Patent protects a product's original ornamental design, but does not cover the design philosophy or mechanical characteristics. These patents last for 14 years from the date the patent was granted.
A Plant Patent is these days the least applied for and is issued when a new species of plant is discovered and this plant must be very different from previous discoveries.
There are other considerations in knowing how to patent your idea, and if it will be accepted.
Your invention must be useful (if it was not nobody would want it anyway!) The idea should be a viable technical or industrial process, an innovative way of doing business or a new chemical mixture or compound that could be useful within a manufacturing process .
• It must be proven to work! That goes without explanation.
• It must be unique, not a new spin on something very similar – that may be an infringement.
• You can not patent a basic or very simple idea; it has to be an item or process for which the inventor will have to submit a detailed description and drawings which will be scrutinized.
• You can not patent earthquakes, fire, rainstorms or thunder, for obvious reasons.
To protect yourself from someone else using your idea you must patent that idea to receive the law's full protection and knowing how to patent an idea is very important.
You can later sell the patent rights outright, or enter into a licensing agreement with a manufacturer, which leaves you as owner of those rights.
If you have an idea that you think will make you millions of dollars, be prepared to hire a patent attorney, which will cost you a couple of thousand dollars. Patent infringement must be considered, and even after thorough research you may not be aware of a similar idea that has already been patented – so do not open yourself up to an expensive law suit!
When you know how to patent your idea successfully, be aware that it can cost you many thousands of dollars. But if you are onto a winner, your returns will be substantial.
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