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How to Patent an Idea #patent #rolfclaessen - YouTube
Channel: Rolf Claessen
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exactly how to patent an idea.
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In this vide, I explain
exactly what I think
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would be the best practice
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to protect your idea with a patent.
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When you think you had a really good idea,
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and made a new invention,
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maybe first do a really good search
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on Google, or maybe Ebay,
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which I also find sometimes very helpful.
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And once you have found
out that, in your opinion,
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no one else has come up
with exactly your idea,
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do not talk to other
people about your idea.
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Because if you talk to
other people about your idea
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this can be considered novelty destroying.
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A patent needs to be novel when filed,
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as a patent application.
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And anything that is in the public domain,
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so publicly known before the filing date,
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for example something
you tell other people
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without a secrecy agreement,
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can be novelty destroying.
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The U.S. patent law and
not many other laws,
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have an exception to this rule.
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If you personally are talking
about a certain invention,
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then this is harmless or
not novelty destroying,
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if this happens 12 months prior
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to filing the patent application.
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But there is a danger.
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If other people talk about your idea,
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then this might be novelty destroying.
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So better not talk to other people
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before you have filed
a patent application.
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And this rule doesn't
apply to other countries,
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or at least not to most other countries.
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So for example, if you
file a patent application
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in the U.S. and then
you want to later file
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a patent application in Europe,
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and you claim the priority of
the U.S. patent application
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then whatever you have
said before the filing date
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will be considered novelty destroying
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with regard to your
European patent application.
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So do not talk about your invention
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to other people before
filing a patent application.
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When drafting your patent application,
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I strongly suggest that
you enlist the help
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of a patent attorney.
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First of all, the patent
attorney is doing nothing
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but drafting and filing
patent applications
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so patent attorneys
have a lot of experience
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in for example, searching for prior art
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that is recommended, in
addition to your Google search.
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A patent attorney should
first search the prior art,
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and search databases if your
invention is really new.
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Then the patent attorney
really has a lot of experience
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in drafting the patent application.
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And in my personal
view, it's a good recipe
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to get a really strong patent application.
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First do a really good
search for prior art.
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Also via your patent
attorney, or other companies
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that offer patent searches.
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And then once you have identified
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maybe five to 10 really close documents,
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so documents that disclose
very similar invention,
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not exactly your invention,
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but very similar inventions.
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Then you identify maybe
10 to 20 differences
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for each of these documents.
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So let's say you have invention A,
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and there's a document
disclosing an invention B
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that is very similar,
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try to find at least
10 or more differences
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that make your invention
different from invention B.
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And then for each difference,
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try to come up with what
the advantage would be
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connected with this difference.
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So for example, if you have invented a car
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with four wheels and a rearview mirror,
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let's say a rearview mirror
was not known before,
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and cars with four wheels were known.
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So invention B is a car with four wheel,
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and you have a car with four wheels
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and a rearview mirror,
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then the difference is the rearview mirror
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and the advantage is that
you have less accidents
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because you can see more of the traffic.
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Try to do that for each of the documents,
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and identify as many
differences as you can
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for each of the documents.
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Then, or before that,
you explain your idea
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or your invention in as much detail
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as you can to the patent attorney.
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And once the patent attorney
has your detailed description
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together with all the differences
to the prior documents
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and advantages connected
with these differences,
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then the patent attorney has
a really good starting point
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to draft a very strong,
good patent application.
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Once your patent attorney has filed
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the patent application for you,
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the examiner will start a search
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with his own search strategy of course.
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And the examiner often
comes up with documents
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that fall within your broadest claim one.
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And now your differences to the prior art
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come into play because now most likely,
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one of these differences will allow you
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to differentiate yourself
or your invention
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from the references
that the examiner found.
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And this discussion with the examiner
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often then leads to a granted patent.
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I hope I was able to show
you how to patent an idea.
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If you are new to my channel,
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and want to know more
about patents, trademarks,
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and designs please
subscribe to my channel.
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If you like the video, hit like.
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If you have comments and questions,
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I will be glad to answer
them below this video.
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And most importantly, protect
your intellectual property
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and go make it count.
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