There are a number of commonly held misconceptions about patents. Here is some clarification:
1. A patent is not a prerequisite to being able to manufacture or use a new product or invention. Many products are sold which are not patented.
2. An invention does not need to be perfected before the filing of a patent application. In fact, an actual "reduction to practice" (building of the invention) is not required in order to complete the act of invention and apply for a patent.
The filing of a patent application containing a full and clear disclosure of the invention is deemed a satisfactory substitute for an actual reduction to practice.
3. Inventors often ask what the scope of their patent is. Many have heard war stories in which a patent owner was unable to stop a competitor from selling a product since it had a very minor variation from the patented device.
The scope of a patent depends on the invention itself, the prior art, and the manner with which the invention is described by the patent's claims.
Some inventions are of the pioneering or breakthrough variety and constitute a dramatic departure from the prior art. These inventions are often awarded patent claims that are quite broad in scope and, as such, may impede virtually all unauthorized competition. Another group of inventions are improvements of known devices or processes. These inventions are awarded claims limited to the improvements or departures from the prior art. In cases where such departure is minor, there may be numerous, non infringing, alternative designs available to competitors. While such patents have a limited scope, even these can have considerable commercial value where, for example, the improvement is related to a more cost-effective device or process, or provides performance benefits.
4. Inventors and the public at large often assume that all patents are worth extraordinary sums of money. While many are extremely valuable, most do not reach commercial reality. The decision to patent an invention should be based on a realistic expectation of its value, and should be part of an overall business plan or objective.
5. A patentable invention may be a combination of existing components or elements. In fact, most inventions are a collection of known components that operate individually in a well-known manner. The combination of elements, however, may produce new and perhaps unexpected attributes.
To find out more please access our IP Primer page.
