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...Patent an Invention?
Lisel Ferguson '99 (J.D.) is a patent attorney with Perkins
& Miltner in San Diego.
Pay a professional. To patent an invention, no matter how
cool, it must be novel, non-obvious and useful. To find out
if your idea fits the bill, hire a registered patent attorney
to do a patent search.
Zip your lip. Keep your idea under wraps. Once you tell
people about your great gadget, you only have a year to file
for a patent. After that it's considered public domain.
Think anti-theft. If you partner with a company because
you can't afford to patent your idea on your own, enter into
a nondisclosure agreement that stipulates the idea was yours,
so the company can't claim it.
Put your money where your mouth is. Patenting an idea is
expensive. The application is $500 for small inventors and
companies with fewer than 500 employees, and $1,000 for large
inventors. Inventors who can't afford the application fee
or the related attorney fees — anywhere from $5,000 to
$10,000 — can file for a provisional patent, which costs
a mere $80, lasts for one year and allows for additional time
to invest in your idea.
First-timer tips. Learn more by logging on to the U.S.
Patent and Trademark Office Web site at www.uspto.gov.
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