An ounce of invention is worth a pound of paperwork
Imagine you design a better mousetrap, then someone else builds and sells it--and keeps all the profits. You can prevent this from happening by securing a patent, ensuring you reap the rewards of your own ingenuity.The United States' Founding Fathers believed so strongly in the right to patent inventions that they enshrined it in the Constitution. Of course, pursuing that right takes work, determination, and money. But the long-term benefits can be huge.A patent grants an inventor the exclusive right to profit from his or her invention for a limited period. During that time, no one can use the invention for profit without asking (or buying) permission from the inventor. In general, the inventor is

the only person who can hold a patent. However, exceptions are possible, for example if the inventor is dead or insane, or if an investor contributed significantly to the invention process. To gain a patent, the inventor must prove two things: that the invention is totally new, and that it's potentially useful. Because it's expensive to secure a patent, it's important to be sure about these two things before you start the process.In the U.S., patents last for 20 years (except design patents, which last 10). Inventors can gain patents for a wide array of inventions, including machines, manufacturing processes, business processes, and even chemicals and chemical mixtures.Note: This 2torial covers securing a patent only, and doesn't discuss copyrights or trademarks, which are different issues.

Determine if it will sell
Before you rush out to patent your invention, ask yourself if it's worth the time and money. After all, securing a patent is essentially a business decision--it's your way to reap the economic benefits your invention may bring. The whole process could cost several thousand dollars if you hire an attorney (which is highly recommended), so you'll want to be reasonably sure your investment will pay off. Inventors tend to be optimists, more interested in the possible than the probable. Try to be as objective as possible when evaluating your invention and its chance for market success. Ask yourself the following questions:

• Who will buy my product? How large is the potential market?
• How will I market it?
• Who/what are my competitors? How can my invention be used to create a product that is better and/or cheaper?
• How much will it cost to manufacture?
• How much could I realistically charge?
• Do I have the necessary capital to bring it to market? If not, do I have any potential investors?
• Are there potential legal or safety issues?
• Even if the product isn't immediately successful, will it be worth the investment anyway if it has potential to do well in the future?

Determine if it can be patented
It's not enough to show that you're the inventor; your invention must also be entirely new. Proving that might seem like an easy task, but the word "new" is complex in terms of patent law. This means you must try to find out whether anyone else had the idea before you (or at least whether anyone published, marketed, or patented the idea). Before investing the time and money it takes to obtain a patent, it's well worth researching the work of past inventors. Your search should include: Previous patents. If someone else has patented an invention nearly identical to yours, you won't get a patent. To conduct an informal search through past patents, go to the U.S. Patent and Trademark Office's official website (type "U.S. Patent and Trademark Office" into a search engine), where you can search past patents for free. You can also hire a patent agent or attorney to perform the service for you (see Step 4), but it's often better to conduct an initial search on your own, just to find out whether it's worth proceeding with a deeper search and the rest of the patent process. Publications. If an invention similar to yours has been described in any kind of publication a year or more before you apply for a patent, you probably won't qualify for one. In fact, even if you're listed as the inventor or publish or write the article yourself, you could lose the right to a patent if you don't file for one within 1 year of such publication. If this happens, your invention becomes part of the public domain. Sale or public use. If an invention like yours has been sold or in public use for more than 1 year before you start the patent application, you probably won't be eligible for a patent. Again, that includes any sales or public demonstrations that you yourself may make. To look for previous publication or sales, begin with a web search. Even if you don't find anything, though, you should probably still conduct a search at a good public library.

Gain provisional protection
There are several low-cost steps you can take to protect your ideas during the research phase. Keep an invention log. If you ever end up in court to defend your right to a patent, you'll need to prove when exactly you came up with the idea. Keep a careful log of the invention process, and have at least two witnesses sign and date it when it's complete. Witnesses can be friends, family members, or colleagues. Non-disclosure agreements (NDAs). While you're researching the manufacturability and marketability of your invention, you may need to reveal details to other professionals. Whenever you do so, ask them to sign an NDA--a simple, standardized legal document that prevents them from profiting from your ideas or communicating them to others. NDAs are not always legally air-tight, but they definitely help. While standardized NDAs are available on the Internet (search for "non-disclosure agreement"), you may want to consult with your own lawyer before selecting one. Provisional patent. To back up your invention log and NDAs, consider a provisional patent. It will give you temporary rights to your invention while it's in the development process. A provisional patent costs much less than a regular patent (an average of about $1,000 U.S. if you employ a patent agent or attorney), and lasts for 1 year. Essentially, it buys you time while you decide whether a regular patent is worth the investment. However, the granting of a provisional patent doesn't guarantee eligibility for a regular patent.

Consider professional help
Since the patent process can be long and expensive, the temptation is often to keep costs down by going it alone. However, the potential for gaining (or losing) large financial rewards means it's important to do it right. As a result, you should seriously consider professional legal and business counseling at various steps in the process. The U.S. Patent and Trademark Office (USPTO) has a list of qualified patent agents and attorneys, but it also recommends that inventors double-check an agent or attorney's reputation with the Better Business Bureau of the city in which he or she is located. If appropriate, consider asking friends or colleagues for recommendations, as well. Patent attorneys. An attorney can save you a great deal of time and hassle, since the details of patent law are extremely complex. An attorney can also help you write patent documents that give your invention more protections down the road; for example, covering every innovative aspect of your invention. Attorneys can also conduct an exhaustive search for previous patents like yours. Patent agents. Patent agents can serve the same function as patent attorneys, except they're unable to represent you in court if that should become necessary. However, that generally happens only if someone challenges the validity of your patent--and you can engage a separate attorney at this point anyway. Agents' fees tend to be somewhat lower than attorneys'. Of course, agents and attorneys aren't your only choices here. But no matter who you hire, it's important to ensure you don't engage professionals who prey on the natural excitement--and business and legal naivete--of some inventors. So when you do meet with someone, ask for references from clients who've gotten patents in your field (for example software, chemical, or business process patents). In addition, always ask whomever you hire to sign an NDA. Here are some further options: Invention promotion firms. Some patent agencies also provide a wide range of related services, including marketing and business consulting services. While such agencies can provide potentially valuable advice, the USPTO doesn't accredit such firms. Investigate firms thoroughly before signing on the dotted line. Other business and/or manufacturing consultants. As you explore how your invention can be mass-produced, and whether or not it has real sales potential, you may need to hire business and manufacturing consultants. Public and nonprofit agencies. Some state and local governments have agencies that support inventors in manufacturing and marketing their inventions. Private nonprofit agencies may serve the same function. Consult with your local Chamber of Commerce or your state's Department of Commerce to find out about any subsidized services that may be available.

Complete the paperwork
Once you're sure there are no past patents for inventions like yours, it's time to file the necessary paperwork. At this point, the services of an agent or attorney are recommended. The forms are not complicated, but you want to be sure you get them right. Otherwise your investment in the patent process may not pay off. If you're determined to go it alone, you can download all necessary forms from the USPTO website. Along with your application, you must submit a filing fee, which will vary depending on the kind of invention involved. You may also need to include drawings, supporting data, or even a prototype (see the USPTO website for more information about additional documentation). The completed application must be mailed to the USPTO. It generally takes 6 to 9 months for the USPTO to process your initial application. The office uses this time to conduct its own search for past patents like yours, then determines (possibly using any prototypes or supporting documentation that you provide) whether your invention works as you claim and has potentially useful applications. During this period, you are temporarily granted the rights of a patent-holder, though the patent is contingent upon final approval.
Almost 90 percent of initial applications for patent are denied. However, the USPTO tells you the reason for the denial, and you have 3 to 6 months to rewrite your application accordingly, without incurring additional fees. The fact is, it can take up to 2 years to secure a patent. About 50 percent of applications are eventually approved, though, usually after two or three rounds--so have faith. Once your patent is granted, you'll have to pay an additional fee to secure it. And in years to come, you'll have to keep your patent active by paying fees 3.5 years after the patent is granted, and then again at 7.5 years and 11.5 years. (Although a patent lasts from 10 to 20 years, it must be kept up to date in terms of patent fees.) By now, you can probably see why they say genius is 2 percent inspiration and 98 percent perspiration. Just remember: Securing a patent is a business venture, so treat it as such. Do it right, and you may just have a pile of dough to show for your efforts.