Ideas Are Not Inventions

ideas

Ideas are nothing new. For as long as there have been people, there have been ideas on how to improve their lives. From the wheel to the light bulb, these great minds have always come up with ways to make the world a better place for everyone.

However, how do you know if the idea in your mind is worth pursuing? Read on to learn about the thin, fine line that separates an idea and invention and how to protect your idea.

What are Ideas?

Ideas are formulated thoughts or concepts in mind. You can only think, imagine, or speak of them, but they don’t become inventions until they’re developed into a tangible form capable of achieving a particular function. For example, the idea for a new type of car doesn’t become an invention until someone designs and builds it. Likewise, the idea for the new mirror doesn’t become an invention until someone actualizes it.

What are Inventions?

Inventions are unique changes or original creations that are the fruits of intangible ideas. They aim to solve a problem or improve an existing method, device, or process. Inventions can result from years of research and development or just a quick fix for something that infuriates.

If you’re tired of losing your keys, you might invent something to help you keep track of them. Someone else might have the same problem and come up with the same solution. Here, they’ve invented the same thing simultaneously as you!

Invention ideas can also come from observing things around you and thinking about how to improve them. For example, if you notice your cat likes to scratch its claws on objects in your house, you might develop a scratching post that keeps your furniture safe from damage.

What to do with a good idea

First, get to understand if the idea is worth pursuing. If it is, you’ll need to make sure you can keep the idea secret until you file for a patent. If you don’t know how to tell if an invention is patentable or not, then you should contact a patent attorney. They can help you determine whether or not you have an incredible invention worth pursuing. Otherwise, there’s no point in spending time and money on it because someone will steal it if the idea is not patentable.

The next step is to find out if it’s patentable. Then, you can prepare and file a patent application. This process takes time, so it’s essential to start early. The final step is to get your patent issued. Once the Patent Office has approved your application, you’ll receive your patent certificate.

How to Tell if An idea can Be an Invention

Most ideas are just intangible; inchoate thoughts rarely lead to something useful. They’re often little more than a collection of words without any natural substance or context. If you can define your idea in great detail, there may be a good chance it will qualify as an invention. Of course, it’s possible to have an idea for some product or device without being able to describe it in detail because the design hasn’t been fully developed yet. But if you have enough information about your invention to describe it in detail, then chances are good that it qualifies as an invention.

The law treats ideas as property and protects ideas with patents, trademarks, copyrights, trade secrets, and other intellectual property laws. But ideas are not inventions. Their discoverers may be the first to think of them, but they were not the first to invent them. The person who creates an idea is not merely the first to conceive it but must also reduce it to practice by making and using it to distinguish the invention from other discoveries in nature.

The distinction between an idea and an invention is essential because only an inventor can benefit from its protection under patent law. The law does not apply to mere ideas or thoughts about how things might be improved; instead, it applies only to tangible embodiments of those thoughts, such as machines, chemicals, or processes that operate independently without human intervention or control.

Requirements of Patentability

There are three basic requirements for patentability:

1) Novelty

Novelty means that the invention must not have been invented before. The invention must be new or novel; that is, there must have been no similar invention before yours was made public (or “published”). The date of publication is usually considered to be the date when the inventor files a patent application with the U.S. Patent & Trademark Office (USPTO).

2) Utility

Utility means that the invention must be valid and practical. A great idea is the beginning of a business venture, but it’s not an invention. The idea itself is not patentable. It must be developed into a product or service with utility and is economically viable.

3) Nonobviousness

Nonobviousness means that the invention cannot be obvious based on what was previously known in the art or field at the time of its creation. To receive a patent on an idea, you must prove that it meets all three criteria above; however, if you fail to meet one or two of these requirements, do not give up hope. Besides patents, there are other avenues for protecting your ideas, such as trade secrets and trademarks.

An inventor will flesh out their concept into a description of how it works and how it can be made from materials at hand or available on short notice from suppliers who stock common parts and components of all machinery and equipment. The inventor will also explain how to use their device after it’s assembled by providing instructions on operating or using it properly.

Inventions and Types of Patents

There are three distinct types of patents: utility, design, and plant.

Utility patents

Utility patents cover inventions or discoveries which have a specific use and benefit to society and require detailed technical specifications. Examples include machines, processes, systems, or compositions of matter. In general, the invention must be new, useful, and non-obvious in order to qualify for patent protection. The application process is long and arduous but well worth it if you want to protect your invention from copycats.

Design patents

Design patents protect the ornamental design or appearance of an article but not its structure or how it works. An example would be a jewelry design that’s protected by a design patent. The application process is relatively simple compared to utility patents but still requires some technical knowledge on your part.

Plant patents

Plant patents protect plants that have been reproduced through means other than seeds, such as cuttings or grafts. Plant patents are issued only after the applicant has provided a complete description of the plant along with photographs demonstrating its unique characteristics so that anyone can grow it without fear of infringement lawsuits by competitors.

You Can Make Your Idea a Reality!

Ideas can never be inventions unless they are actualized. Follow us to learn more about how to turn your ideas into reality and live the dream you anticipate.

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Official Record of Invention Form

Statement Of Non-Disclosure and Complete Confidentiality Complete this form for a free, no obligation review of your idea.

This Record of Invention Form certifies that you are the originator of the invention disclosed, including all additional information submitted moving forward from this date. This Non-Disclosure Agreement certifies that nobody within or associated with For Sale By Inventor may knowingly manufacture, sell, distribute or attempt to profit from your invention in any way from the date you submit your invention.

The information you submit may be shared with a separate patent law firm to evaluate patentability and intellectual property rights. The information shared with a separate patent law firm will be bound by attorney client privilege.

All employees and representatives of For Sale By Inventor, including all related companies within the Montgomery IP Associates family of companies, are required to sign confidentiality agreements to ensure complete confidence for you and your invention idea.

*A digitally time-dated copy of your Record of Invention will be sent to you by email immediately upon submission for your records.

Disclosure

Your ideas are safe.

The purpose of the Inventor Disclosure is to inform inventors that the process of creating a new product/concept and developing it into a commercial success is extremely difficult, time consuming, often frustrating, confusing and usually costly. To succeed, inventors normally must accomplish, at a high level: the legal process (patents, copyrights, trademarks, etc); engineering, scientific or technical factors; production concerns; and, market distribution. For an individual inventor, this can be a daunting task and should be carefully considered before risking talents, time, energies and capital.

Although an inventor can always represent themselves, inventors are strongly encouraged to seek advice and assistance only from licensed professionals. For Sale By Inventor’s mission is to provide coordinated, professional services for inventors to help launch their invention ideas into new products onto the market.

For Sale By Inventor specializes in consulting, researching and educating small and micro entity inventors. For Sale By Inventor never evaluates an invention in terms of potential marketability.

For Sale By Inventor refers all patent and engineering work to a separate patent law firm on behalf of inventor clients. Advertising, virtual prototypes, websites and representation services are provided by Advertising – Generation, LLC through their proprietary website ForSaleByInventor.com. This process ensures a coordinated effort and complete confidentiality.

For Sale By Inventor and any related entities neither singularly nor collectively, considers itself to be an invention promoter or developer; regardless, the following is disclosed in the spirit of full disclosure.

The total number of inventors who contacted For Sale By Inventor and any related entities over the past 5 years is approximately 125,000; from that total, approximately 60,000 submitted ideas for review with about 12,000 offered contracts for research services; resulting in 3,974 contracting for professional research services. Following research, 2,162 received positive professional opinions of patentability and feasibility and were proffered development agreements. 1,127 inventors contracted for some combination of our patent, engineering and marketing services.

Of the total clients contracting for our services, 53 received licensing agreements and 27 have reported a net financial profit while hundreds of cases still remain active. Licensing is just one option that an inventor can pursue to commercialize their invention and was not pursued by clients who only contracted for legal, engineering or sales representation services. An additional 182 inventions have reported commercial success meaning that they either have been or are currently available for sale. Since these clients have no obligation to report their specific financial records to us, we are not aware of how many of these have made more than they spent on their invention.

DISCLAIMER: Past performance of professional services can provide no guarantee of future profits or that anyone will agree to purchase, license, produce or distribute any invention idea. Bringing an invention from an idea to marketed product is a high risk venture.

rev. 7/2017

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