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March 25th, 2008 Should I File a Patent Application? |
Not all inventions are worth patenting, and there are alternative types of protection for inventions that may make more sense than a patent.
When deciding whether to patent your invention, don’t become the victim of a common misconception - YOU DO NOT NEED A PATENT TO MARKET YOUR INVENTION. That’s because a patent only gives the owner of the patent the right to keep others from practicing your invention. It gives you absolutely no rights to bring your invention to the marketplace (although it can make it much easier to obtain funding). For example, if you developed a new method of making bourbon during Prohibition, you could patent it, but you could not market the bourbon. Similarly, patenting a new drug for curing cancer gives you no right to market the drug in the United States – FDA approval is required.
The first issue to address before beginning the patent process is whether your invention can be sold at a profit. Just because something is new or better doesn’t mean it can be sold at a profit. If your invention will not foster a viable business, then a patent is unnecessary – chances are high that no one will copy it anyway.
So before starting a patent application you should answer the basic business questions:
- What price will the ultimate customer pay for the invention?
- What will it cost to sell the invention, including raw materials, labor, packaging, marketing, overhead, shipping, etc?
- What will be the markup of those in the distribution chain?
- What sales volume is expected?
- Is there enough left over for a profit at that volume?
A common mistake made by inventors to determine the value of their invention is asking friends and relatives. This method usually does not work because friends and relatives don’t want to hurt your feelings, so they are not always the source of an honest appraisal. A preferred method is to ask, “How many will you order at a price of $____?” To that question you might get an honest answer, particularly if you let the person know you are asking now so that when the product is available on the marketplace, you will come back with an order book in hand.
In my next post I’ll talk more about the specific alternatives to patent protection.
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