Sunday, September 13, 2009

Diary of an Inventor, Part 2

I think I've decided to try to get a patent. The ide of doing this myself from start to finish is too much, and kind of defeats the purpose of being a stay-at-home mom, so, the only real option for me is to license it and sit around waiting for royalty cheques. If that's what I want to do, having a patent in hand makes it more valuable and protects me somewhat, at least from honourable companies. Also, I have read that if you find someone infringing on your patent you can also go to them and sell the patent or have them pay you royalties, so ok, patent it is.

My eyes are still swimming from trying to slog through "The Complete Patent Kit" which lies in it's claims to make patent law make sense to the average person. I like to think I'm not an idiot, but law takes normal words and gives them new meanings, so nothing really makes sense.

An excerpt for your amusement:

"If the prior art that you uncover does anticipate your invention, your invention is not novel. If the prior art does not anticipate your invention, your invention will be patentable, so long as your invention is not obvious with respect to this prior art"

From what I have come to understand "prior art" seems to be a patent for something that already exists, so I'm guessing this means that if your invention is new and no one has done anything like it before, you can get a patent.

I have incorporated a business myself in the past (without a lawyer), but I'm starting to realize the patent process is far more complex, and rather than waste my money trying over and over, I might as well pay someone to do it right. I can start with the $500 "prior art search" and if it looks clear and that I have a good chance, I'll get it done.

Then I will go on "Dragon's Den" or "Shark Tank" and sell 90% of the company. I really only want to be a silent partner anyway!

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