INVENTION ANALYSIS

INVENTION ANALYSIS
The professional way to examine an idea and adapt it to patent registration.

To examine the idea, we will go through all the stages: understanding what a patent is; what conditions require an idea to be patented; how to test your compliance with the conditions required for obtaining a patent that will also stand up in court, if necessary.

Once you have answered all the questions, our smart Online Invention Analysis report will be sent to your email within 10 seconds, showing the patenting potential of your idea and recommendations how to move forward with it.
What is a patent?

According to Wikipedia - A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of years in exchange for publishing an enabling disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce their rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant.[1]: 17

The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims that define the scope of protection that is being sought. A patent may include many claims, each of which defines a specific property right. These claims must meet various patentability requirements, which in the US include novelty, usefulness, and non-obviousness.[2][3]

Under the World Trade Organization's (WTO) TRIPS Agreement, patents should be available in WTO member states for any invention, in all fields of technology, provided they are new, involve an inventive step, and are capable of industrial

.[4] Nevertheless, there are variations on what is patentable subject matter from country to country, also among WTO member states. TRIPS also provides that the term of protection available should be a minimum of twenty years.[5]
1. Does your idea or invention solve a defined need?

YesNo
1 yes
Since your idea offers a clear answer to a need, you have the prerequisite justification to submit a request for patent registration.
1 no
As you say, your idea or invention does not meet a contemporary or future need, there is no point in protecting it through a patent as it is an expense that you will not get back, unless you have other, non-financial goals.
2. Have you made any inventive steps?

YesNoDon't know
2 yes
Based on your answers, you have probably made the inventive step that is a prerequisite for filing a patent registration request.
2 no
It is clear to you that you have not made an inventive step, then save your money and avoid filing for a patent, because a patent is registered only when there is evidence of invention. There is no point trying to get professional advice as long as you don’t know how to define your invention. I'm glad I was able to help save you significant sums of money before you were told exactly the same thing!
2 dno
As you say, you are not sure about the inventive step, before doing anything else, please check the patent libraries to see if there is a previous mention of a similar idea, either as a patent or as a design sample.
What is an inventive step?

According to the wording of the Patent Office, an inventive step is one that does not seem obvious to the average professional or based on information published before the application date.

If you think you have an inventive step, you should think of different ways the same result could be obtained and registered as part of the patent or design and define the preferred alternative.

You can obtain protection only for the alternatives you describe for the patent. Any other solution leading to the same outcome not mentioned in the intellectual property you lave listed will not be protected. Without violating your patent, others may generate other inventive steps that can be defined in words or in a drawing.
3. Can your idea be defined as an innovative design?

YesDon't know
3 yes
If your idea can be defined as a design, then it is best to apply for a registered design, which is both cheaper and easier to enforce.
3 dno
If you have any doubts about what to apply for, you should examine the differences between registering a design and registering a patent. If necessary, consult a patent attorney who will clarify the point.
4. Does your idea meet a real need or a personal one?

YesNoDon't know
4 yes
Since, as you say, your idea meets a real need ( even though inventors are not always objective), there is no problem in moving forward, assuming it truly is a real need you have identified rather than a personal need with no commercial potential. It is the need that determines the commercial potential of your idea and so you should make a business plan in order to know how to assess it.
4 no
If an idea stems from your personal need, you should carefully consider your steps in order not to invest money where it cannot be recouped. Often an idea pops up that is, in itself, successful because it meets your personal need, but its commercial potential is questionable. This can be misleading, as it will not have the business basis required of a product that people will invest in for commercial distribution and for protection through a patent.
4 dno
It is important not to make a mistake and be blinded by a nice idea that has no real commercial potential. The way to examine this professionally is to try to create a business plan in order not to create unnecessary expenditures for yourself.
5. Are you at the forefront of technology?

YesNo
5 y
Since as you mentioned your idea is at the forefront of technology, you must take into account that you are not the only one trying to find a solution to this need and so there may already be a number of patents in your specific field that have not yet been publicized. Products and ideas at the forefront of the technology are being worked on by the best professionals in the relevant fields, and there is a greater chance that an identical or similar idea has already been submitted, but you will not know about it until the date of publication after examination of the application. You should take this into account because this is a gamble that is better suited to large companies with deep pockets and less suited to someone who is independent.
5 n
Your idea does not relate to a need at the forefront of technology and there is no prior mention of it on record (assuming you have checked – and if you haven't, I suggest you do so using the links listed below), then you have a better chance of being alone in the field and of having your request being accepted, even though there might still be something similar in the pipeline ... We are not always aware of the reason why a need that requires a solution comes to mind – one that is a real spark of genius that enables a solution to a problem that others have not yet thought of. Your awareness of a need might come unconsciously after reading something, but remember that there may be many other people trying to solve the problem, just because of its exposure in the media.
6. Did you think of it by yourself?

YesNo
6 n
Take into account that if you have had partners in your thinking process, then they are also partners in the idea. So if you submit the idea without their knowledge, keep in mind that if one day they find out, you may have a problem. They might decide they have a part in the idea unless you have an agreement with them, or unless they received payment for the service they gave you.
7. Did you ask for a friend's opinion?

YesNo
7 y
If you have shared your idea with others, you should know that it is considered public domain and anyone who knows about the idea can object to its registration unless they are your partner.
8. Did someone help you to develop the idea?

YesNo
8 y
Take into account that any person who helped you develop your idea is a partner unless the help was given in exchange for payment, for which you have an invoice.
9. Do you have the financial resources to fight infringers?

YesNo
9 y
Good ideas will have many people trying to copy them. Take into account having about $1,000,000 to sue infringers. Even if you have a wonderful idea, but you don’t have the resources to fight those who copy it, it is not worth starting the patent application process, unless you believe that a wealthy investor will join you or that you will have the resources in the future. But these expenses will come, and you should consider other ways to protect your idea, such as commercial contracts or building a strong brand name.
9 n
If you do not have the financial resources needed to deal with infringers, then it makes no sense to file the application unless the registration is only meant to protect yourself from lawsuits or to show your strength and retain your option to sue. You should know that there are countries, especially the United States, in which if you, as the patent holder, send a letter of warning in order for the infringement to stop and the infringer continues the infringement and despite the threat, you did not act on it, you are likely to be sued for threatening and not suing. It is considered an idle threat and will cost you expenses you never intended to incur in the first place. But, this is not the end of the road… It may be the beginning … In some situations, building a brand and signing business contracts with the markets that are important to you to prevent the entry of competing products are preferable to a patent. You must first build a model (prototype) of the product and be prepared to contact the relevant markets to sign contracts that will prevent the penetration of competing products that appeal to the same market segment. This can give you greater protection and it can, within a short time, be stronger than a patent and significantly easier to protect. Moreover, it is yours for a much longer period than a patent.
10. Do you have the financial resources needed to invest in developing and marketing the product?

YesNo
10 n
If you do not have the necessary resources for investment, then reconsider whether it makes sense to apply for a patent, unless you know in advance that you are registering the patent in the hope of finding an investor, so that if there is a breach you will be able to deal with it. In any case, in any connection with any external party such as an investor or consultant, you must have them sign an NDA - Non-Disclosure Agreement - before you share details of your idea with them. And don't be surprised if they refuse...usually, they will ask you to first file your patent so they won't have to sign the NDA. (Attached is a link to a standard NDA document).
11. Do you have a sketch with a detailed depiction of the idea/solution you want to protect and a detailed verbal description of its advantages over what already exists?

YesNo
11 y
Before turning to the patent office, it is vital that you have a verbal description of the idea/solution you want to protect, since you will have to explain your idea to the patent examiner, and this will serve as the basis for the patent application submission. The description must be focused and include the smallest details, right down to the core of your idea. The broader the description, the lower your chances of receiving the patent, but on the other hand, if you manage to focus on the change point that is the core of your idea, your chances of obtaining the patent will increase.
11 n
You must have a detailed description of the solution you are proposing, both in words and in a drawing or a sketch, because no one else can do this besides you, and this is what the patent is based on. The drawing must be as detailed as possible so that the examiner will understand it. The more focused on the core of the solution innovation the description is, the greater your chances of receiving the patent. Conversely, the broader and less precise your description, the lower your chances...
12. Are you sure that your idea does not exist in the world?

YesNo
12 n
Since you don’t know whether your idea has ever been published, you should search through the patent libraries before contacting any patent attorney or consultant. (Attached below is a link to the patent libraries) Look in the patent libraries for the existence of a precedent / prior registration of your idea or of another product that works on the same principle. Also, know that it is not possible to register a patent for an idea of a product or patent that exists in another country. The existence of your idea, even in a different application, can prevent your application for registration as a patent. https://patents.google.com/ Google Patents is, without a doubt, the leading search engine, fast and easy to use, and shows relevant results, especially useful for performing a quick search by topic. Speed and user interface allows you to quickly identify relevant documents. There are machine translations for documents in other languages, making it valuable for simple searching using English only.
12 y
If you did not find an earlier mention in the patent records of the same or similar invention, and you know it is not in the public domain, then it is worth contacting a patent attorney to file the idea as a patent in the hope that no similar patents have been filed or are in the pipeline under examination - an unpredictable situation. Searching patent offices. https://patents.google.com/ Google Patents is our leading recommendation among the free patent search engines. it has more than 18 million patent documents published worldwide, including full-text data from large bodies such as: - USPTO- US patent office - EPO - European Patent Office - JPO - Japanese patent office - KPO - Korean patent office - Local and international patent search (including over 100 million WIPO patents and about 2.4 million PCT application documents). - CNIP - China's intellectual property database (patents) includes models . Google Patents is, without a doubt, the leading search engine, fast and easy to use, and shows relevant results, especially useful for performing a quick search by topic. Speed and user interface allows you to quickly identify relevant documents. There are machine translations for documents in other languages, making it valuable for simple searching using English only. Recommended patent attorneys. Following the results of the test you took for your idea and the answers you received, it turns out that there is justification for filing a patent - Good Luck! If you express interest in this and based on your area of residence, we will try to find you a patent attorney in the relevant field as close as possible to you, and we will try to use our connections to get you a one-hour free consultation. Good luck and feel free to keep in touch with any questions that arise. We would love to get feedback from you on the process you have just undergone with an analysis of what you learned and if and how you would suggest we might improve it. And one more important little tip – Good ideas tend to disappear as fast as they appear, and this usually happens at night! So, always keep a pen and notepad on your bedside table! Good luck!
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