The main type of patent, a utility patent, covers inventions that function in a unique manner to produce a utilitarian result. Examples of utility inventions are Velcro® hook-and-loop fasteners, new drugs, electronic circuits, software that is tied to some form of hardware, semiconductor manufacturing processes, new bacteria, newly discovered genes, new animals, plants, automatic transmissions, Internet techniques and methods of doing business (provided physical things are involved), and virtually anything else under the sun that can be made by humans. To get a utility patent, one must file a patent application that consists of a detailed description telling how to make and use the invention, together with claims (formally written sentence fragments) that define the invention, drawings of the invention, formal paperwork, and a filing fee. Sometimes the state of the art, rather than the nature of the novelty, will determine whether a design or utility patent is proper for an invention. If a new feature of a device performs a novel function, than a utility patent is proper. According to the USPTO in 2009, there were 456,106 utility patent applications. Patent law is designed to promote innovation in "science and useful arts." It's right there in the first Article of the Constitution: in order to be patentable, an invention needs to be useful in some way. Utility patents expire 20 years from the date of filing.
Executives need vision to convert patented R&D into a profit center. Consider EMI, a london company that produces music (a music label company). In their Central Research Laboratories in Hayes, Godfrey Hounsfield had an idea to integrate X-ray slices to create a 3-D image (originally known as an EMI scan), today know as a CT or CAT scan. Godfrey was awared a Nobel Prize for his work, and later knighted. The idea came to him while picnicking in the park; however, the senior executives realized this was no picnic. They leveraged the technology (foundation patent #3,778,614), securing over 120 of the first 450 patents in this space. The legacy competitors (General Electric, Philips, Siemens) were playing catch-up with this innovator. Few executives would be brave enough to execute such a divergent business strategy.
Although anyone can claim to inventor or create something (e.g., Al Gore created the Internet), the reality is that an idea needs to be carefully considered in context of the law. If you are serious about protecting your invention, you should contact a patent attorney or patent agent. Applying for a patent, and its subsequent patent prosecution process, does cost money. You may see ads for low-cost services to file a patent on your behalf. Such solutions are viable if your goal is to boast to your friends that you patented something. However, if you have real-world business ambitions, it is imperative that the person writing the claims of your patent is a well-qualified lawyer. The adage "you get what you pay for" is very true in the intellectual property community. Realistically, a single patent is going to minimally cost you around $10K for the application fees, legal fees to write the claims, and so on. You want to find a legal professional that is a subject matter expert in your domain (whether it is IT, manufacturing, mechanical engineering, biotech).
The competitive landscape can be brutal, and commonly is referred to as the Red Ocean--you know, blood in the water with sharks lurking about (yeah, a few lawyer jokes come to mind, but I will restrain myself). Research at Harvard Business Review and elsewhere suggests that the most profitable business strategies are related to finding and/or creating Blue Ocean to reap rewards in a new space. How does that relate to studying patent data? Simple. You first need to understand what patents already exist in the invention-space. Second you need to understand and articulate how your invention is unique. Next you need to write your patent so it makes as many unique and new claims as it possibly can. Then you need to consider all possible opportunities to secure and expand your space. In IP lawyer-speak, this means that your invention needs to have a valid legal scope. If you find out, using our tools, that your invention is in a very competitive space (sharks in the bloody ocean), you may want to forego the costs associated with pursuing patent protection. IPstreet.com can help by searching millions of patents and simplifying the complexities of the data into an intuitive "scatter plot" that identifies your idea in context of the universe of patents and patent-pending applications. Ultimately, we can provide important business intelligence from the immense and excessive information available. Our goal is to take TMI (too much information) and report it to you which will better inform your business decisions. If you are searching for questions such as, "how to patent my idea, " or "how to patent my idea," then you've come to the right place. IPStreet.com's patent search tools are designed with you in mind. Using the patent search software, you can better understand how to patent your invention or patent idea, patent duration and find an experienced patent lawyers.