Inventor's Dilemma:

It goes something like this:

Jill Enterprise has a great idea. She gets a do-it-yourself patent
book, does a cursory search and doesn't find her invention. She feels
she stands a reasonable chance at getting a patent. Does she hire a
patent attorney or file it herself?
 

Smart: Professional Patent Search

Jill is smart. She does doesn't do either. First, Jill needs to see if her invention is patentable.
While all the do-it-yourself books are great, none will match a professional patent search. Jill
needs to plunk down nearly $1,200 to see what the experts think. If you knock spending
$1,200, fine you should not be patenting.

Unless Jill is an expert in the field, forget doing the search herself. The time and energy Jill
would spend  to do the search would cost her more and I doubt she would feel sure about
her results. It's boring, hard work but undoubtedly the most critical step.

75% Best Case

Once Jill gets an all clear, (understand that's about 75% all clear on prior art because no
one can view patents filed in the last 12 - 18 months) she prepares her own provisional
patent. Jill struggles over writing it herself or hiring professional help.

Preparing the Provisional

Unless Jill has a lot of dough or is backed by a company, I would recommend she write
the provisional application herself. If she can afford to have it written by a good
patent attorney, or at least reviewed by a patent attorney prior to submittable, even
better.

Good Representation

It's a big plus having a good legal firm represent her, if only on retainer. Many businesses
will not take Jill seriously if she is not represented. Those that do are probably thieves. Patent
rights are complex and best left to the pros. What Jill wants is a firm that can negotiate the
licensing as well as handle the patent application. Often these are handled by two separate
firms.

How do you find a good patent attorney? I'll have to do that in a follow-up.

As an inventor Jill can breathe easy knowing that for $1,200 she'll have a good idea if her invention
is patentable. It's a bargain. It is about the minimum I'd recommend spending if one is serious about
seeing if their patent is doable. I haven't addressed the invention companies that advertise on TV
and the radio because I figured if you were gullible enough to be misled by them, you wouldn't be
reading this.

Ready, Set, Market

Jill needs to prepared to market her invention to prospects right after she files her provisional
patent because the clock is ticking on the one-year limit to file your patent. Jilll's goal should
now be to raise enough money to file her prominent attorney on retainer in all the countries
she wants to market.

Bookoo Bucks!

Jill will need big money if she decides to file globally. That's the beauty of other people's money.
Which bring us to the second inventor's dilemma: license or start company. This really
depends on Jill.

Jill's Considerations:

• Can she license to companies without them stealing it easily?
• Does she have time, energy & drive to start a company?

These aren't the sole considerations but two critical ones.

Easy to Steal?

First, it's easy to steal an invention on paper, then when you have prototype and
few customers. Personally, I'd recommend to Jill that she make a prototype on
her own dime or with the help of friends & family. Sadly the courts have made it
easy and profitable for companies to steal. First Jill would be unlikely to get an
injunction. She would need hundreds of thousands if not millions to sue them.
Best case if she wins and they don't bankrupt her fist, is they give up 5% of the
profits - Whoopie! No wonder patenting is left to mostly larger companies.

Add a Trademark

Only Jill is smart and she grabs a snazzy trademark for her invention. Yes, my
friends, the high price attorney's will tell you that the right, catchy name can
be worth it's weight in gold. Also the fees for filing trademarks are under
$500 so consider them seriously.

Start a Business

Only Jill knows if she has the stamina of running a business. I'll provide more on the topic in
future articles. You are welcome to share this article free of charge so long as the original link
is included.

About the Author: Alan Rudo is not an attorney and is not offering advice. The above are strictly
is personal opinions and views. Currently he also publishes these articles as Wiki Tiki's Blog at alohaonecard.com

Original Link: http://www.alohaonecard.com.