Before You Patent

by Attorney Richard Stim

Here are five steps to take before seeking a utility patent.

1. Understand what a patent does.
A patent is a grant to an inventor that allows the inventor to monopolize the manufacture, use, sale and importation of an invention. This right lasts a limited time (currently 20 years after the application date) and gives the patent owner the right to recover damages in a lawsuit against an infringer.

2. Keep a record of your invention.
Record every step of the invention process in a notebook carefully. Describe and diagram every aspect and every modification of the invention, including how you came up with the idea for it. Depending on the invention, you may also need to build and test a prototype. Document all of these efforts. Sign and date each entry and have two reliable witnesses sign as well.

If you want help in your keeping records, The Inventor's Notebook, by Fred Grissom and attorney David Pressman (Nolo), contains ten worksheets to guide you in recording the critical details of your invention.