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Maybe you might have an concept for a brand new product simmering at the back of your thoughts. You’ve got performed a number of Google searches, however have not discovered something comparable. This makes you assured that you’ve got stumbled upon the NEXT BIG THING.
Day by day inventors inform me they “have not discovered something prefer it.” And whereas that is a great begin, likelihood is that they have not been trying in the proper locations.
Earlier than investing further cash and sources, it is the proper time to seek out out definitively if the invention is exclusive, decide if there’s a marketplace for it, and discover how one can make it higher.
Inventors ought to do a search on-line with a aim of discovering two or three aggressive merchandise. In the event that they’re scared to do the search, that is a great factor, as a result of in my expertise, it often means they’re heading in the right direction.
And sure, the aim must be to seek out different merchandise out there which are already making an attempt to resolve the identical downside as their invention. That demonstrates {that a} answer is definitely wanted. And if there’s a want by a big sufficient group of individuals, then they stand a much better probability of turning the invention right into a worthwhile enterprise.
So inventors ought to go to a patent agent or patent lawyer with examples of two or three different comparable merchandise, and after signing a retainer settlement (which establishes the agent/shopper relationship) the dialogue turns to the specifics of the product together with drawings, mockups, and/or prototypes.
At this level, the agent or lawyer will do a extra thorough search of the U.S. Patent Workplace and different relevant databases in america and/or internationally. They’re figuring out if this invention is certainly distinctive, or if there are much more, comparable patented merchandise.
Some inventors take into consideration doing the search of the Patent Workplace on their very own, however there are a number of downsides to this plan. Their emotional attachment to the invention will cloud their judgment, and they’ll steer away from discovering different merchandise which are comparable. Though likelihood is they’ve already recognized a number of different opponents, looking out the U.S. Patent Workplace is a extra intense course of. From my expertise with purchasers who’ve performed their very own search, they’ve ignored comparable merchandise which have already been patented as a result of they can not face the fact that their concept is not as distinctive as they as soon as thought it was.
Nonetheless, discovering further comparable merchandise doesn’t imply that every one is misplaced. The technique modifications to evaluating the proposed invention with the patented one, and discussing methods to enhance it and make it patentable. patent agent or lawyer will present goal perception at this section. The method is to take the invention, ignore the elements which have already been integrated into one other patent or patents, and the rest is a patentable invention.
