Invention Protection

intellectual protection - patents, copyrights and trademarks

 
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.  Create a final prototype to prove it works is one solution.  Can it be manufactured in a cost effective manner that the retail price will be attractive to 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 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, method, techniques and processes.

6.  Are protection costs are 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.
 
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