We almost gave up on our multimillion dollar invention, Ghostline®, before we even got started. Other first-time inventors have fallen or nearly fallen into the same trap we narrowly escaped.
HERE IS HOW IT HAPPENED
We, as novice inventors, plunged into our preliminary patent search in a way common to those untrained in viewing patents. We looked at the titles of the inventions, the descriptions and the drawings. We had been told that the claims were important but we found the wording difficult and sometime downright impossible to understand. As a result, we focused little attention on them.
BIG MISTAKE!
The claims of a patent are the only portion of the patent that legally and explicitly describes what is granted. The claims are the only legally defensible portion of a patent.
After searching for several weekends at the local patent library, we came across a patent on a product designed for the same purpose as our Ghostline® invention. It was a poster board containing a faint grid to make it easy to create neat posters without having to get out the yardstick and draw light pencil lines. It looked like our invention, and the description even sounded like our description of Ghostline®. We were devastated! We thought that we had found our exact invention.
We were about to give up on our great idea when we decided to read the claims of the offending patent. Were we ever glad that we did!
The very first claim of that patent described the lines as being scored, or cut, into the poster board. Our unique method for creating the lines and applying them to the poster board was a dramatic improvement over the existing invention. Because our idea was a big improvement over the problems inherent in the existing patent, we were able to get three strong patents in all: two in the U.S. and one in Canada.
If, in your preliminary patent search, you find a patent that looks or sounds like your idea, do not give up until you have read and understand the claims thoroughly.
If the language of the claims is difficult to understand, this is the time to enlist the help of a professional. Go to a patent attorney or patent agent.
Take them your idea along with a copy of the patent or patents you found. Let the professional determine if it is time to give up or if it might still be possible to move forward with your idea with minor adjustments or changes to your invention. The patent professional can determine if your idea is an improvement over the existing patent. He can evaluate the existing patent and determine if the claims are narrowly written so that you might still be able to get a patent on your idea.
If the claims of the existing patent are written broadly enough to include your idea, or "anticipate" your improvement, is it time for you to give up? Not necessarily.
The USPTO tells us that most of the patents issued to independent inventors never make it to market. If this great product has not seen the light on day on the retail shelves, it may be an opportunity for you in a slightly different way. Contact the inventor of that invention. His name and address will be listed on the patent. He may be willing to sell you the rights to the patent (since he has not been able to do anything with it himself), or he may be willing to collaborate with someone (you!) who is as passionate about the idea as he is.
Do not give up on your idea until you have received incontrovertible evidence that you must.
Some great improvements on existing products have been abandoned prematurely simply because the inventor did not understand the importance of patent claims. Attention to detail at this point in the process may keep you from making a decision that could rob you of a wonderful income stream.
Mary Russell Sarao and Barbara
Russell Pitts are co-authors of "Inventing on a Shoestring Budget."
Contact them at www.asktheinventors.com
