How to Protect Your Idea Before Spending Money on a Patent
Matthew Yubas
Published by Broadword Publishing
166 London Court
Cardiff, NJ 08234
Smashwords Edition
Copyright Matthew Yubas
Author Website: www.ProductCoach.com
Matthew Yubas is a Certified Professional Marketing Consultant for the Small Business Development and International Trade Center. He has developed and marketed products for over 24 years as an engineer, product manager, and independent consultant for startups, small business, and Fortune 500 companies.
He has launched new products such as software applications, wireless devices, and websites. In addition, he has helped clients in a diverse number of industries that include photography equipment, auto accessories, soy candles, children's clothing, sporting goods, digital art, and home décor.
As an entrepreneur, he was a co-founder of a software company that developed one of the first personal information management software products. Matthew earned a B.S. in Engineering from Pennsylvania Spring Garden College in Philadelphia, and an M.B.A. in Management from San Diego State University.
He has been a professional member of the Inventors Forum, Licensing Executives Society, and Product Development & Management Association.
No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher.
This publication is designed to provide accurate and authoritative information with regard to the subject matter covered. It is sold with the understanding that the author and publisher are not engaged in rendering legal, accounting, or other professional service.
This product is not a substitute for legal advice.
Welcome
I’m excited for you! You have a great idea that you want to make into a successful product. In this document, you will discover a wealth of information that has taken me years to uncover through training, trial, and error. No matter what your product is, there core principals will apply to you. Please follow the step-by-step instructions and you’ll be far ahead of the game to make your product a success.
Best Success,
Matthew Yubas
Table of Contents
Provisional Patent Application Protection
Where to Find Patent Attorneys
Sample Non-Disclosure Agreement
“Because ideas have to be original only with regard to their adaptation to the problem at hand, I am always interested in novel ideas others have used successfully.”
Thomas A. Edison
Patents and Protection
The United States Patent and Trademark Office (USPTO – www.uspto.gov) grants patents to help advance technology. A patent gives you the right to exclude others. But, a patent does not give you the right to produce and sell your invention.
Before spending thousands of dollars on a patent, you’ll want to make sure your product idea is marketable and commercially viable. It would not be cost-effective to patent every product idea you have.
Once you file a patent, product details are open to the public to review. Products like WD-40™ and Coca-Cola™ were not patented because these companies know that patent filing will disclose their product secrets to the world. Unfortunately, some unscrupulous people review patents for the sole purpose of stealing ideas. They can take your idea, make a few changes, and call it their own. Also, a large company with a staff of attorneys can find a way to beat you up in court.
In the 1980s, I filed a patent for an improved telephone answering machine. An electronics company (whose name begins with “S”) filed a patent for a similar device shortly afterwards. They said, in essence, that I had no hope of beating them in court, so I dropped it.
If your idea is a “secret recipe” and difficult for others to replicate, then you might not want to file a patent. You would protect your idea as a “trade secret.” The key is not to publish information about the inner workings of the invention. And if you need to discuss the details with anyone, such as a design engineer, have them sign your non-disclosure agreement to have them keep your idea secret.
If your idea is a fad that might fade in a year, you probably don’t need to file a patent. But, you never know how long fads or technology trends can last. When the first photocopy machine was invented, people asked, “Why would anyone need to photocopy something?”
Infringement
Keep in mind that patents do not infringe on patents. Products infringe on patents. It’s therefore possible that your product, built to the specifications of your patent, may infringe on another patent. In fact, the patent office will search for potential infringement before granting a patent, but is not responsible for uncovering conflicting claims. In the event of infringement, the final authority to validate a patent is the court system.