Top Niche Ideas

An inventor may have an idea, but the process of getting the idea patented takes quite a bit of work. He or she must determine if the idea has been thought of already, must produce a convincing argument that it’s an original creation and must be ready to classify the invention based on US Patent and Trademark Office (USPTO) regulations. An inventor may be turned off to the idea of getting a patent for this reason. Nevertheless, going through with developing the invention and marketing it could lead to others reproducing the idea and the original inventor losing revenue. A patent protects that from happening.

In order to avoid having to navigate through complicated patent laws and regulations, it may be beneficial to hire a patent attorney to help out. A patent attorney is very knowledgeable about patent law and is certified to specifically work on patents by the USPTO. In addition, in a lot of cases, patent attorneys have backgrounds in science and engineering, so they know quite a bit about inventions in both fields. In addition, they can handle matters beyond patents for the inventor, including copyrights they may need for information about their product, or trademarks for the business that could be formed from the invention.

Choosing a patent lawyer may be difficult. There are over 28,000 patent attorneys and about 9,000 patent agents in the United States today. Many specialize in particular types of patents, whether they happen to be for machinery, software, pharmaceuticals or even for organisms. Many inventors use the internet to search for the right patent lawyer. The USPTO has a search engine that will let the inventor find patent lawyers that are geographically closest to them, and websites like Findlaw contain directories of patent lawyers and law firms to browse through. Be sure to research the lawyer by asking them how many cases they’ve taken on, what their specialty is, what services they can provide, etc. In addition, if you know people who are in an industry that produces similar products to your invention, you may want to consult with them to find a good attorney.

Usually the services a patent lawyer provides are concrete. They know the USPTO very well and work with them on a regular basis. They will be able to use contacts in the USPTO to expedite the patent filing process. They will be able to assist you with filling out the application so that there aren’t mistakes. They will be able to take your idea and write it up into a description that follows the rules of the USPTO. They will clarify just how to construct drawings of your creation so that they are clear and properly show what your creation can do. They will warn you what to expect once the patent has been filed. Finally, they will be able to hold your hand once the patent has either been accepted or rejected.

Yes, patent lawyers are not inexpensive. Their fees vary, but usually they fall in the $5,000-$10,000 range. However, if you decide not to get a patent lawyer, there are many opportunities for the inventor to make a mistake. Their patent may become delayed or rejected because the application was not in its best form. Investment in a patent attorney is very likely to be returned in the long run.

You’ve been inspired by many famous inventors – Thomas Edison, Leonardo da Vinci, and even the Segway inventor, Dean Kamen – and you’ve finally crafted an idea that you’re positive will be patent-worthy. You’ll need to put together a significant amount of paperwork to convince authorities that your creation should be issued a patent. One of the most important aspects of your paperwork is the drawing of your object. You’ll need to create a visual representation of your item and show how it works. This is imperative so that the US Patent and Trademark Office (USPTO) knows exactly why your creation is special.

Drawings must be detailed, accurate and easy to interpret. You’ll have to be sure not to leave out any functionality or characteristic. These responsibilities can be very intimidating, so you may want to consider hiring a draftsperson to do the drawing. Doing so can guarantee that the drawings will be of quality, but there are some drawbacks. First of all, draftspersons can charge $100 and up for every drawing they put together. They can also miss out details, or may not be able to properly show what your invention can do. In addition, because you’re working with someone else, you have to be sensitive to their schedule and ability to follow deadlines. Finally, if you’re an aspiring inventor who sees a future creating more inventions, you may want to be able to take on the project of drawing yourself, so it’ll be easier the next time around.

There are many options available for the inventor that wants to construct his or her own drawings. First of all, it’s very important that you are familiar with the documentation rules that the USPTO requires you follow. You can familiarize yourself with these rules by visiting the rules database on the USPTO website, or consulting with your patent lawyer.

Once you’ve familiarized yourself with patent drawing rules, you’ll need to consider how you’re going to construct the drawings. The best way, for many, is to use old fashioned pen and paper. If you do it this way, you have the option to create drafts of each drawing in pencil to make sure you don’t have too many errors. Keep in mind that when you construct these drawings, the final draft must be in India ink, and should be relatively clear. Shadowing, lighting and small details will be important to display in the drawing, so you may want to do some reading up about proper black and white art representation before you complete the drawing. In addition, color can further describe what your invention can do. Nevertheless, the addition of color is a bit more complicated, as you need to produce three copies of the color representation, explain why color is needed, and pay a nominal fee. Still, doing this may be useful if you plan to use the drawings in brochures for your invention. If you really don’t trust yourself to draw freehand, you can take photographs of your invention and trace them onto paper initially. Then you’ll have a black and white replica of what your invention looks like.

Those that really don’t want to use their hands to draw out what they created can purchase Computer Aided Drawing (CAD) programs. There are many on the market and they are very easy to use. They’re also geared toward strict drawing rules, so you can feel safer that you won’t make a regulatory error. Still, like all things that make life easier, the programs are expensive. You may find that hiring a draftsperson can cost just as much.

No matter what, by using one of these methods, you can feel a bit more confident that your patent application will impress those it needs to. With a little bit of practice or monetary investment, you can try your hand at preparing your patent drawings yourself and be ready to jumpstart your inventing career!

For the average inventor, getting the willpower and drive to patent and manufacture an invention can be a difficult process.  There are many obstacles that can frighten the innovator and may cause he or she to put a device, process or concoction somewhere it collects metaphorical dust.  It’s no secret that becoming a successful inventor is as challenging – if not more than – as starting your own business.  In fact, you may find that you have to start your own business to promote the product.  Therefore, you’ll need to have a large monetary base to get your product out.

One place that commands a significant amount of money is the field of patent law.  To the novice inventor, the idea of going through the patent application process – including paying the non-refundable fees, obtaining the correct terminology, following the correct rules and making sure that the invention hasn’t been reproduced – can be extremely daunting.  Patent lawyers can often help out with this process monumentally.  Patent lawyers are available all over the world and can be considered a tremendous investment for the inventor who has deep pockets.  However, you may have the next revolutionary machine and not a lot of money to spend to make sure no one else claim it’s theirs.  What can you do?  The following is a set of steps you can take to avoid having to shell out $5,000 and up for a patent lawyer.

First: Can your invention be protected?
You know what your invention can do.  You know how it is similar or different to the products you have seen marketed every day.  However, you must be sure that a) it isn’t too close in functionality to another invention and b) that the US Patent and Trademark Office (USPTO) can legitimately understand why it’s a unique product.  In order to do this, you’ll need to do two things.  First of all, run a search through the USPTO database to see if other inventions that are closely like yours exist.  List how they’re similar and how they’re different.  Be sure that when you fill out your patent application, you compare and contrast these inventions to your own and be clear about why yours fills a niche that the others do not.  Secondly, learn what different classifications of inventions exist for the USPTO.  This will help you fit your invention into a place where regulations exist.

Second: Is your invention modern?
When Thomas Edison invented the light bulb, it was revolutionary and it made him a household name.  Today, if you were to go to the patent office with a new version of a light bulb that did not improve on his original invention, you may be shot down.  Yes, you may have a novel idea, but if it couldn’t be found useful when compared to similar products that exist today, but if the USPTO doesn’t find it modern, then it may reject your application to patent it.

Third: Can your invention be commercialized?
You can pretty much tell what a marketable invention is by watching mail order commercials.  Things like towels that hold ten times their weight and high-volume vegetable slicers are quick and easy sellers, whose patents were well-earned.   If you have an invention you’re proud of, but you’re not sure if it will sell, it may be best to do a little market research.  The best place to start with this research is to find what’s called ‘prior art’, which include inventions that are close to yours which you may have improved upon.  If your invention doesn’t have enough appeal so that it could potentially grab market share from prior art, then it probably won’t get a patent.

Fourth: Can you fill out the paperwork?
In order to have a patent approved, you must be able to fill out a patent application successfully.  This application will require quite a bit of information, including descriptions of the functionality of your invention, why it should be given a patent, and quality drawings of the invention and how it works.  Instructions about how to fill out patent applications are widely available in libraries and on the web, so become familiar with USPTO terminology and rules before trying to fill the application out.

Although it can be tough when you first become an inventor to get your product patented, it’s a wonderful experience.   Avoid paying for a lawyer and pave your own way to a patent!

First time inventors often have a lot of questions that need answering.  “What paperwork do I need to file?”  “Should I get a patent lawyer?”  “How much money will I need to sell my product?” “How do I determine if my invention already exists?”

All of these are legitimate questions.  However, before you pursue getting a patent, arguably the most important question is the latter: “How do I determine if my invention already exists?”  Luckily, in the present, there are a number of ways to make sure you haven’t reproduced someone else’s patented creation.  Whether you’re an independent inventor or are in charge of making sure that your company’s many new technologies are recognized by the US Patent and Trademark Office (USPTO), you can use similar methods to determine if you could be making a copycat product.  In addition, if you’ve made a career out of inventing, there are many sources available to stay on top of recent patents filed so you know what trends and technologies are fashionable and marketable.

The first place to look for filed patents is in online databases.  The advent of the internet has brought with it a number of places online where information about patents that are currently in filing process or have been granted can be obtained.  Such websites as Patentmonkey, Freepatentsonline, Wikipatents, or espacenet contain extensive databases of patents filed by many sources.  While these websites are arguably good quality, they don’t always update recent patent activity.  If a patent has been bought or sold, or if patents have been based upon prior creations, it’s likely that sort of information has not been updated in the databases, and when you go to file a patent, you may come across some surprises.

One way to ward off these unexpected obstacles is to expand your search.  You could, for example, run a patent search on a number of these websites to see if there are any changes to the patents listed in one database and not the other.  You could also compare your results to the information that the USPTO database has, which is also accessible online.   Nevertheless, if a patent has been filed via a PCT – an international patent application – you may need to expand your search.

You can start by looking at court cases in the United States.  The US Court of Appeals for the Federal Circuit offers a website where you can search for cases related to patents.  The information available is comprehensive and is kept very much up to date.  Another great national website is the Kuester Law Technology Law Resource website.  This center for intellectual property includes news about patenting, intellectual property lawmaking, and pertinent inventions that could be of interest to you as an inventor.

If you’re more interested in obtaining an international patent, there are also a number of places you can check for prior creations.  One is the Hieros Gamos website, which contains a well-populated international directory of lawyers, legal jobs, court cases, articles and any other legal-related information one may need.  This website is quite thorough, and it may be difficult to navigate at first, but some may find that this is the best one-stop-shop on the web for patent review.  If you find Hieros Gamos to be too thorough, you can run a search through the World Intellectual Property Association.  Unlike Hieros Gamos, this website is targeted for those who are only interested in the patenting process.

You can also go to patenting websites of other countries.  China, Canada, Australia, even the European Union have their own patent databases to review.  If you choose to file an international patent, the searches will be done regardless of this process, and they can take up to sixteen months to complete.  Therefore, although doing the searches on your own through a number of web portals may take some time, it’ll save quite a bit of time if your invention has already been patented.