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One of the major impediments to the success of independent inventors is a total lack of understanding of the difference between an idea and an invention
An idea is just a problem statement. An invention is a solution to that problem. Ideas aren't patentable -- only inventions are.
Assume, for example, that artificial Christmas trees didn't exist, and you've come up with the idea that an artificial Christmas tree might sell. People wouldn't have to go shopping for a new tree each year, they wouldn't have to keep it watered, or clean up fallen needles, and they wouldn't have the problems of disposing of it. And it would save trees, and relieve landfill clogging, etc., etc.
You feel this is a great idea, and you're afraid someone will steal it. So you go rushing off to a patent attorney (if you're lucky enough to miss the ubiquitous "Inventions Wanted" ads).
However, the attorney will inform you that you can't patent the idea of an artificial Christmas tree. You have to "reduce it to practice". What (and all) you can patent is an implementation of one, i.e., a design and construction that you work out.
So you go back and play around with different designs (in real or on paper) and finally come up with something that looks and feels pretty good to you. You rush back to the attorney, he does a patent search, and tells you it's "patentable". You tell him to go ahead, he gets a patent application filed, and you breathe a sigh of relief. Now you're "protected", and your fortune's made.
Friend -- you have a surprise coming! It's almost certain you've blown the time and money you've invested. You've let paranoia get in the way of common sense. In your fear of someone "stealing" your idea (and thereby losing you your golden opportunity), you've taken actions (and adopted a mind set) that virtually guarantees your loss of that opportunity. Yes, you've minimized some legal risk -- but at the cost of maximizing your business risk. That's a bad trade-off.
A better approach? Simply recognize the difference between an invention and an idea -- and quit trying to protect ideas.
In the case of your artificial Christmas tree, it's not your idea that may be saleable (or licensable) -- it's your implementation of that idea. You need to come up with a "winning" design. Unless you're extraordinarily skilled (or lucky), you need outside input to have any chance of doing so. |
