What You Should Know About Patents

 

              By Dr. Vernon Brahma

 

              The patent system, as it applies to individuals, has gotten completely out of hand. Most

              product creators, reinforced by the media, put a false importance and status to the power of

              the "almighty patent". Due to this myopic perception, people waste money at the rate of

              well over $100 million every year. Why are patents overvalued in the minds of the public?

              One reason is because we have been brought up to feel that a patent gave to the patent

              holder a special prestige, an Edison-like aura. Today, many inventors' groups and trade

              publications, mistakenly or not, also encourage innovators to seek a patent attorney before

              they do anything with their idea.

 

              According to the U.S. Patent Office, 88,793 patents were issued in 1987. Of those only 8%

              would ever go into commercial production and only 5% would ever make money for the

              inventor. Although these figures were from almost a decade ago it would be safe to assume

              that these percentages would hold true for most any year. Several other reliable sources

              confirm this ratio.

 

              The people who are unquestionably making money on the patenting process, without risk,

              are not the inventors, but rather, the patent attorneys, the patent agents, the patent

              searchers and the employees of the Patent Office. It is therefore in these people's interest to

              perpetuate the myths so long connected with patents.

 

              One of these myths is that getting a patent automatically means that the inventor is going to

              make money from his invention. Nothing could be further from the truth! In fact, you can get

              a U.S. patent even though your technology is not an improvement on prior art. This means

              that you can get a patent even if your invention is short on technical merit, compared to

              prior art, and more expensive to manufacture than prior art. Of course this means that

              getting a patent is not, by itself, proof that your invention has commercial value.

 

              WHY THEN, do so many people apply for a patent? Many have been misinformed as to the

              value of having a patent. They will generally spend between $9,000 and $15,000 and a

              minimum of about two years to get that piece of paper. There is also a certain amount of ego

              involved; it does give a degree of status to say, "I have a patent". But is it worth that much

              time and money for something to frame and hang on the wall? I believe most of us would

              agree that the main purpose of getting an idea for a new product is to make money from it.

 

              Another myth about patents is that a patent gives you protection, that nobody else can

              make and profit from your idea. This is simply not so. The Patent Office does not stop

              someone from infringing on your idea. It is up to you to stop the infringer. How do you do

              this? You take him (or her) to court if, after you warn him, he persists in infringing. This,

              quite likely, will cost you $50,000 and may take years. Meanwhile the infringer is still

              infringing and is still in business, making and selling copies of your product. Win, lose or

              draw it is you who pays! So if you think having a patent gives you iron-clad protection,

              think again. If you do not have the business acumen and a hefty chunk of money to sue to

              protect your patent why get one at all?

 

              Something else you need to know is that the Patent Office does not guarantee the validity

              of a patent. They give you that 'almighty' patent but it may not stand up in court for a

              variety of reasons. Of all the patent claims brought before the court, 80% are overturned or

              held invalid!

 

              This report airs out some of the misconceptions in regard to getting a patent. There are

              some ideas that should be patented but you, as an inventor, with your money on the line,

              have to decide what is best for your new product idea. If a patent doesn't add value to your

              idea, then your time and money would be better spent making a working prototype of the

              idea, determining how to manufacture it, what it should cost to make it, how to package it

              and how to market it. HBM

 

              Vernon Brahma is a self-made entrepreneur who runs a company he started with a new

              product idea 19 years ago. He writes articles for INVENTORS' DIGEST and is the author

              of the audio tape, "How To Turn Your New Product Ideas Into Cash!". Dr. Brahma

              believes that many new products can be brought to market by the innovator, by-passing

              the patent process. Interested readers can contact him at P. O. Box 6308, Marietta, GA

              30065 or by email to vbrabham@mindspring.com. To order the 65 minute audio tape send

              $19.95 to the above address. The tape tells how he took his new product ideas to market

              and how you can too and is sold on a money-back guarantee.