Denver Patent Attorney Mark Trenner answers questions on a local Denver radio show: Part 4

Continued from part 3:Questions & Answers from Patent Lawyer; Denver’s Mark Trenner

Okay, so if I have a new invention, I should file a patent application, right?

Not so quick. Do you know your invention is new?

I think it is.

But a lot of people think their invention is new. Many are often surprised to find out someone else already has their exact same product, or a product that is very close to theirs.

So how do I find out if my invention is new?

There are several fairly straightforward (and inexpensive) strategies an inventor can use to find out if their idea already exists. A good place to start is with a general Internet search (Google, Bing, Yahoo). Try to be as descriptive of your invention as possible when choosing your keywords (without being overly narrow so that you miss relevant ideas).

What about other online sources?

Yes, check out online retailers who sell related product lines. Check Amazon.com and other online retailers. If your idea is for a specialty product, check with specialty retailers. For example, if your idea is for an electrician’s tool, check with electrician suppliers.

If you don’t find your product online, try heading down to your local department store, and ask the salesperson where they carry products that are similar to your idea (but don’t tell the salesperson what your idea is!). Then browse that section of the store. You might be surprised what someone else has already thought of. You may just have never seen it, because, well, you weren’t looking until you had this idea!

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Questions & Answers from Patent Lawyer; Denver’s Mark Trenner.

Part 4 of 10

Okay, so if I have a new invention, I should file a patent application, right?

Not so quick. Do you know your invention is new?

I think it is.

But a lot of people think their invention is new. Many are often surprised to find out someone else already has their exact same product, or a product that is very close to theirs.

So how do I find out if my invention is new?

There are several fairly straightforward (and inexpensive) strategies an inventor can use to find out if their idea already exists. A good place to start is with a general Internet search (Google, Bing, Yahoo). Try to be as descriptive of your invention as possible when choosing your keywords (without being overly narrow so that you miss relevant ideas).

What about other online sources?

Yes, check out online retailers who sell related product lines. Check Amazon.com and other online retailers. If your idea is for a specialty product, check with specialty retailers. For example, if your idea is for an electrician’s tool, check with electrician suppliers.

If you don’t find your product online, try heading down to your local department store, and ask the salesperson where they carry products that are similar to your idea (but don’t tell the salesperson what your idea is!). Then browse that section of the store. You might be surprised what someone else has already thought of. You may just have never seen it, because, well, you weren’t looking until you had this idea!

Advice From a Patent Attorney; Denver area’s Mark Trenner Answers Question on Local Denver Radio Show:

So if I file a patent application for my invention, I can stop infringers from making my product?

It’s not that simple. First, filing a patent application does not give you any rights to stop an infringer.

Why not?

A patent application is nothing more than a description of your invention with claims identifying what you believe to be unique about your invention. The patent application has to be examined by the US Patent Office before it can be allowed to issue. And if the US Patent Office does not think that you are entitled to a patent for your invention, then they can deny your application.

Wait a minute, so even if I file a patent application, my invention isn’t protected?

That’s right. Just think if all you had to do to stop others from making, using, or selling your product was to file a patent application. People would file inventions for things that already exist, like a mobile phone. Then they’d go sue the manufacturers of mobile phones. The mobile phone manufacturer would spend all their time defending frivolous law suits against patent applications which could never be allowed to issue as a patent because the so-called invention already exists.

That makes sense. But then why should I file a patent application?

You do, however, have “patent pending” status as soon as we file the provisional patent application. You should mark your product and any advertisements/brochures, etc. as “Pat. Pend.” Legitimate businesses should at least investigate a claim of patent pending.

That is not to say there won’t be those who copy your invention. But this is true even for issued patents.

Common Questions Asked to Denver Patent Attorneys, and attorney Mark Trenner’s Answers:

This is 2 of 10 of a series of questions and answers by Mark Trenner on a local Denver radio show…

Do you have to be registered with the US Patent Office to file your own patent application?

No. You can file as what is called a “pro-se” applicant – or “on behalf of yourself” without having to pass the patent bar exam. I just give this as an example of the complexity of the patenting process, and reason why individuals might want to consider hiring a patent agent or patent attorney to assist them.

What’s the difference between a patent agent and a patent attorney?

A patent agent is someone who has a technical education and has passed the patent bar exam, but has not gone to law school and is not registered as an attorney. Patent agents can prepare and file and prosecute patent applications with the US Patent Office. But patent agents cannot give any legal advice.

A patent attorney has the same qualifications as a patent agent, but has also gone to law school and is registered as an attorney. In addition to doing everything that a patent agent can do, patent attorneys can help with legal issues, such as assigning or licensing an invention, filing a trademark application, and infringement.

You mentioned infringement, what does that mean?

Patent infringement is when someone else makes, uses, or sells someone else’s patented invention without a license to do so. If you are the patent owner, you can file a court action requesting the judge to order the infringer not to make, use, or sell your patented invention.

Recently Mark Trenner, an experienced Denver patent attorney, was interviewed on the radio. Here is a transcript of the article. It has some very valuable information about patent law and is great information for inventors…

This is part one of 10…

There are a lot of individuals who want to be entrepreneurs and start their own business. What do you suggest be the first step?

Even in today’s economy, and maybe because of today’s economy, there seem to be more people than ever who want to start their own business. Of course, the first step is to clearly define what the business is going to sell. What is the product going to look like today? And where do you plan to take the product lineup in the future?

That’s not an easy question to answer. But it is absolutely critical if your business is going to succeed.

Once you have that clear picture of your product, what’s next?

Protect your product. If your product is unique, file a patent application to protect your invention. If there’s nothing new about your product, for example if you want to open a coffee shop, then file a trademark application to protect your brand.

What is the difference between a patent, a trademark, and a copyright?

The one thing these all have in common is that patents, trademarks, and copyrights protect intellectual property. But they each protect different kinds of intellectual property. Copyrights protect original works of authorship including literary, dramatic, musical, and artistic works, such as books, movies, songs, and even computer software. Trademarks protect word and design logos – or “brands”. And patents protect inventions.

The patent process sounds complicated, where does an inventor go to learn more?

There is a lot of information available on the Internet. But be careful. There is a lot of mis-information, and there are a lot of people trying to sell you services that you don’t need. For a basic understanding of patents and the patenting process, start with the US Patent Office website. There is a lot of reliable information at www.uspto.gov.

I also post informative articles that you can read for free [on this site]

But quite honestly, there is more information on the US Patent Office website than most people can digest. And if you aren’t careful, you can actually end up losing important rights to your invention.

What are some of the risks of filing a patent application by yourself?

The patent application process is complicated. In order to be registered with the US Patent Office, you first need a college degree in a technical field like engineering. Then you have to pass an exam. People spend months studying to pass the exam, and some people don’t pass. There are so many laws, rules, and regulations, and you need a pretty good understanding of all of those in order to pass the patent bar exam.