If you’re a product developer, learning how to create effective patent applications is a must. Firstly, you’ll need to understand how to navigate today’s intellectual property environment. But, there’s also a gray area of knowledge that only a few are privy to – and that’s where my expertise comes in.
In this article, we’ll uncover some of the best ways to protect your ideas from theft. As someone who has gone up against the biggest toy company in the world, I’ll be able to teach you a thing or two about how to protect your ideas.
Your Patent Application Expert: Why Listen to Me?
With over 20 patents to my name, I’ve been able to sell my highly sought-after patent portfolio for millions of dollars! Not to mention having to fend off the copycats. If you have created a good product, it will get copied! Most people believe that a patent will create protection – well, in most cases, that’s not going to happen. Defending your patent is no easy feat, taking up a lot of time and money.
However, throughout my years of entrepreneurship, I’ve learned that patents are just words. These words mean different things to different people.
For example, a judge or a jury might have different views on what a patent claims than a patent examiner, licensee, or investor.
As independent inventors, the cards are never in our favor, and we’ve learned to adapt and fight for what we want. You need to battle it out and learn the tricks of the patent application trade to navigate the gray areas.
Please note I’m not a patent attorney. I’m not giving you legal advice. I’m giving you business advice.
But I think I’m qualified to give you good advice on creating intellectual property that has value in the marketplace.
So let’s dive into how we can use the system to our advantage. By the end of this article, you’ll have a grasp on how to exploit any gray areas to get more of your patents approved.
How To Get Paid for Your Ideas
By creating “perceived ownership,” you can get companies to pay you for your ideas. You can do this by:
- Becoming familiar with the laws.
- Out-working them.
- Out-designing them.
- Creating gray areas.
- Being one step ahead.
- Knowing how the game is being played.
- Being an asset.
- Eliminating risk.
- Creating confidence.
In most situations, licensing simple ideas is relatively easy. Licensing an idea with great potential is different, especially if the volume is significant, as you’ll be up against huge competitors.
You’ll need to learn to play the game with a different, more complex strategy.
To do this, you should:
- Start by writing a well-written, transaction-ready provisional patent application (PPA) from a business perspective.
- Write your PPA as a selling tool.
Five Things to Include in Your Provisional Patent Application
- Assert the Problem
Be sure to clearly explain the problem, making it easy for anyone to understand. In other words, make sure that whoever is reading it is doing so from your perspective. Even patent examiners have said that if they can understand the problem and identify with it, they’re better equipped to come up with a solution.
- Describe the Solution
Explain your solution so that anyone can understand its measurable value. Being a good storyteller makes it easier to have a patent issued to you.
Patent examiners have previously told me that the better they can understand the solution, the quicker they are to issue a patent. It also helps a licensee or investor make a decision on your application faster.
Remember, your application is a selling tool, so learn how to be a storyteller.
- Outline The Manufacturing Steps
This is an essential aspect of the patent application process and often one that is overlooked. It involves the product’s production and the tools and materials needed to create it.
Providing this type of information is priceless as it demonstrates that you know the intricate details that apply to the manufacturing and production of your product.
If you’re not 100% familiar with the manufacturing process, you can hire someone that understands the design from an engineering standpoint. Alternatively, you can seek guidance from ex-employees or other companies with this expertise.
They can advise you on the application process and explain the materials needed to achieve your desired results. But don’t over-rely on licensees for this information, as they might need more confidence that you know what you’re doing.
Remember to include any new manufacturing techniques. This way, once the patent application receives approval, you own these techniques in addition to the ones you are currently employing.
- Include Workarounds and Variations
The goal in this section is to protect the innovation and not just the invention. Think about how someone could steal your idea by reverse engineering your design and coming to the same result.
Think of every way that your invention could be stolen. Including workarounds or variations in your patent application eliminates competitors from going around you.
It also demonstrates that without being able to bypass you, they’ll need you on their side.
This is where you can work the gray areas for your benefit. Combining the manufacturing, materials, workarounds, and variations allows people to see how complex your idea is.
Even patent attorneys should be left unsure about all the details, making you, as the inventor, much more invaluable. disc
- Utilize Drawings
Including drawings in your patent application makes it more solid and effective. It’s also an excellent way to include all your application’s different variations and workarounds.
Drawings and pictures create even more room for questions of doubt and make it overwhelming for anyone to look at. Anyone that looks at your patent and sees a bunch of details and drawings will be even more convinced that it would just be easier to work with you.
Once your provisional patent application is ready, you can be sure there are still gray areas you can manipulate. Now that you’ve protected not only the invention but also the innovation, your PPA has become a great selling tool.
This has worked for me many times, and it can work for you!
Potential Patent Application Challenges
As with everything in life, you’re bound to face challenges throughout your journey to obtain a patent. Thankfully, there are a few simple ways to prepare for and combat these challenges.
The biggest question you’ll face is, “Why should we pay you?” This is what every licensee or investor is thinking. You’ve done a great job covering all aspects of your PPA, leaving them at a loss and creating a gap in their knowledge that only you can fill.
With a good patent attorney and all the details mentioned above, you’re bound to succeed at a claim or two. Usually, this is all you need to sell your ideas.
Let’s now consider a couple potential challenges you might face and how to tackle them head-on:
- Patent examiners
Patent examiners are the ones who review your patent application to ensure that they are, in fact, unique ideas. To proceed with your application, they need to do the following three tasks:
- Examine patent specifications
- Search databases for similar, pre-existing creations
- Assess the technical literature of your application
2. Market demand
Market demand is the icing on the cake. Creating market demand allows you to show your product to customers, retailers, or anyone ordering large volumes.
Combining market demand with a well-written, transaction-ready, provisional patent application creates a business opportunity. At the end of the day, it’s all about new business. So creating market demand is essential in staying ahead of your competitors.
And remember, knowledge is king. Intellectual property is one of the largest games in the world. The more you understand about patents and the law around them, the better equipped you’ll be to tackle any problem that arises on your journey to becoming a legal intellectual property owner.
Resources To Learn More About Provisional Patent Applications
To learn more about provisional patent applications from a legal perspective, read the articles on IPWatchdog’s Inventor page.
To learn how to use provisional patent applications to help you get a licensing deal, read my book Sell Your Ideas With or Without a Patent.
Looking for help drafting your own PPA? Check out our program SmartIP, which was co-developed by world-renowned patent attorney Gene Quinn.
