Above the Fold

Finally!  You just solved that problem that’s been bugging you for years!  No one else could figure “IT” out, but you did last weekend… in your garage… in the lab… on the factory floor….

Hey,” you wonder, “should I ‘patent’ IT?”  “Can I patent it?”

A friend suggests filing a patent application immediately (maybe a “Provisional Patent Application” (what’s that, you ask)) while others suggest waiting until you do some tests, have a prototype, marketing, non-disclosure agreements… you know… have all your ducks in a row.  But what about the America Invents Act?  Should  you wait?  Isn’t the U.S. a “first-to-file” country now?

A quick search on the internet and a late night infomercial say that you can “get a patent” right away for less than $1,000.00!  Wow!  Really?  What kind of patent?

With some exceptions, the patenting process typically lasts about 3 years and can cost upwards of $10,000 and requires a lawyer…despite what that TV ad between the sitcom re-run and the slasher flick says.

Whatever you do, you might want to keep your invention secret until you talk with an IP attorney – a legal advisor with your interests at heart.  {No offense to consultants and invention companies but they’re usually pushing in a particular direction.}

Once you’ve decided on a patent (or a trade secret or a copyright or a trademark), an IP attorney (preferably, a registered patent attorney) will be able to walk you through the appropriate steps, laws, and the different types of patents and other IP and consider various options with you.

Oh yeah…see “IPLOG” at the top right?  Click that for the most recent blogs!

The Legalese: This is not a solicitation for services, an advertisement, nor legal advice.  See an attorney to discuss your specific facts, as individual needs vary.