One of the first things to do when you have an idea is to write it down. Documentation is the most important step you can take to secure future rights to your idea. Documentation should be in a bound or engineering type notebook. These are like a basic school notebook that no pages can be added to. It is also a good idea to get a notebook that is also difficult and noticeable if some pages are removed.
The notebook should be your journal about your product or idea. Who do you talk to, what do you do to develop it. Rough drawings, etc. The idea behind this is to establish a “first” or “primary” claim about the idea. By having all the documentation and doodles dated and written, it is much easier to establish when the idea was first conceived and by whom.
So you have the product designs and idea written down. Now is the time to decide if the time, expense, and hassle of obtaining a patent is worth it. There are three basic factors that drive the decision to apply for a patent.
1. Market potential. Is your product the next big thing that will literally be worth millions, if not billions of dollars? If the answer is “YES”, then it is worth the effort to obtain a patent. Unfortunately, most decisions are so clearly defined. Many products with limited or local market potential can enrich the ambitious entrepreneur, but may not be worth the effort to obtain patent protection. The limited appeal of the market does not mean that it is not worth the effort to develop a product. Somewhere between these two extremes it becomes increasingly important to obtain patent property rights.
2. Sell the idea to another company. When companies buy ideas, designs, etc., they are really buying intellectual property rights. However, if you haven’t established ownership or those rights, anyone and everyone can take your great product idea and call it their own. Then it would be up to you to establish your first property claim. A patent establishes your position as the owner.
3. Value in dollars. The higher the value of the product, the more it should be considered as a patent candidate.
The patent process is not that difficult to navigate, but it may be a good idea to consider asking for help. Additional information can be obtained from the United States Patent and Trademark Office. They are online at http://www.uspto.gov/web/offices/pac/design/toc.html. A good patent attorney could also be considered to handle paperwork and filing applications on your behalf with the federal government.
Once a patent is approved and issued, you have established ownership rights to your idea or product. However, this does not mean that you are protected. Once obtained, it is up to YOU to defend your rights through the court system in case someone uses your design ideas without your permission. This can be a very expensive proposition and is why the above three points should be considered before applying for a patent.