What is a Patent? When do I file for patent protection?

You have an invention that you'd like to patent. It may be the killer app that changes the way business is done, an exercise machine that will make people healthier, or a new kitchen gadget that will make preparing food more efficient. In any event, you want to protect it from others. Time to think about filing a patent!

What is a patent?

Patents encourage invention by giving an inventor a monopoly over his or her invention for 20 years. The quid pro quo is that the invention passes into the public domain after the expiration of the twenty years. You must file for a patent application in each country in which you would like to protect your invention, and you have one year from filing the first application in which to do this. For example, you file in the U.S. on June 1, 2011. By June 1, 2012 you will have filed in other countries you want to protect, such as Canada and the United Kingdom. In all other countries, your rights will evaporate and people will be free to use your invention.

Bars to Filing

Most importantly, make sure that the invention is not already out there, as this is a bar to filing. Secondly, keep the idea close to your vest before you file - a public disclosure is a bar to filing a patent in Europe and many other countries. In Canada and the U.S., you have one year from an inventor's disclosure to file for a patent.

Other Considerations 

Before filing for a patent, it is helpful to reduce the invention to a practical form, so you have already encountered the hurdles in the design before you file, and can include everything in the patent application. A patent protects the functional features of an invention only; aesthetic features are protected by industrial designs or design patents.

Trade Secrets

Whatever it is, the idea is one that can be taken by a competitor, whether merely by looking at the device or through a process of reverse-engineering. If the invention cannot be reverse-engineered, it may be better protected by being held as a trade secret, which has a potentially unlimited lifespan. It costs nothing - all that you need to do is keep it a secret, and make sure all those who encounter it know that it is to be kept a secret. Not an easy task! However, the Google search algorithm and the Coca-cola cola recipe are both trade secrets, and have been kept safe for years.

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