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).

Joseph Schumpeter, known as the Prophet of Innovation, describes the importance of inventors in his Theory of Economic Development. Inventors are the "fiery-spirits" that disrupt the status quo with their vision of doing things 'better, faster, cheaper.' In the process, their inventions represent "the heroic intervention of individual men (or women) who appear as leaders toward new economic shores." We believe that intellectual assets, commonly taking the form of patented technology, are the least-understood and most-relevant resources to stimulate economic development through innovation. To make this happen, intellectual property (IP) needs to be more comprehensively understood so that better business decisions can be executed. This is why we are in business. An invention must have economic utility to benefit society. Some times, inventions are way before their time. However, most of the time, the business execution to commercialize the invention fails. In fact, those that conceptualize the invention rarely reap the rewards of the innovation's ultimate success.

Proper organization of a patent porfolio is essential to be prepared to properly navigate the IP landscape. One key issue is related to inventorship. Consider the Pfizer patent, patent # 5,760,06^, which is commonly known as the COX-2 inhibitor. Pfizer is currently in a $1B lawsuit because Searle, the original owner of the patent, failed to include a key inventor on the patent. Pfizer inherited this mess when they acquired Pharmacia, who had previously acquired Monsanto, who had previously acquired Searle. Ignorance is not a defensible excuse in patent litigation.

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.

Have an idea for an invention or want to know how much your invention is worth? IPstreet.com is a great place to begin. Our tools and resources will help enable you to better understand the world of innovation and the possibilities available to you. IPStreet.com's search tools will help you better understand patent analytics, patent searches and patent duration, as well as much more.