Guide of Patent Protection

A farmer worked for over 5 years developing a blend of fertilizer and natural organic pesticides to try and create an all natural additive that increased his production of corn. Finally the farmer began growing more corn faster and increased his profits by 25%. He knew that his additive was the source of his success and was so excited by the results he rushed out to show his neighbor how effective his invention was. Six months later his neighbor showed up and told him that he needed to stop using his new additive or start paying the neighbor for the use of the additive. The farmer was enraged, how could his neighbor tell him what to do with his invention! Well the neighbor had taken a sample of the farmer’s additive, had a chemical analysis preformed and then applied for a patent for the additive. The farmer now had two choices; let his invention go, or file a long and costly law suit against his neighbor.

The farmer is in the right to want to regain his right to his invention, had he only created some type of documentation or applied for patent pending status he never would’ve had to get involved in a legal battle.

The above situation may be hypothetical but situations like this have happened before especially on the corporate level. Theft of an idea is common and without documentation to prove who original owner is, a legal case is difficult. Luckily the US offers two forms of protection to inventors. The first is that a patent should always be credited to the person who first invented it, not the first person to file for a patent, and secondly a patent or patent pending, allows the owner to publicly advertise their idea for profit and feel safe knowing that no one else can lawfully produce their product without permission.

Applying for a patent can be an exciting and prosperous time in any inventors life. Anyone can have a patent in their name and the entire patent process can take anywhere from 2-4 years. During this time the inventor may apply for patent pending status, which protects the invention during the length of the patent process.

A patent is granted to any invention, chemical, design, process, or product that can be demonstrated to be different and not obvious. The inventor must also prove that the invention is not something found in nature, nor can it be a common object already in use by an industry. The patent also provides the inventor 14 to 20 years of exclusive rights to their idea, depending on the type of patent.

Many people think that patents are difficult to obtain and that you need to hire an attorney to help. This is not true and doing it yourself can save a lot of money, while the process does take time and an attorney does help, anyone can apply and be approved for a patent. There are many books and self help websites that assist an inventor throughout the patent process.

The entire patent process can cost up to $20,000, however the amount of money that can be made on any one patent is limited only by the passion on the inventor and the demand of the consumer. Many inventors also present their invention to an established corporation during the patent pending phase and the costs associated with the patent can be funded for the inventor.