When you come up with a great idea, create a record of invention before going any further with it. The record of invention should be written in ink, and should include:
a clear description of the idea,
the date,
your signature, and
the signatures of two people you trust who have "witnessed and understood" your invention.
Build a prototype as soon as you can, to transform the idea into a physical object.
Be discreet. Do not talk about your invention with people who are not bound by a confidentiality agreement.
Keep good, complete, and accurate written records, including:
A written lab book or log, kept up to date as you work on your invention, that documents each day you did something, and describes the efforts you have made in taking your invention from idea to reality (including test results, experiments, modifications).
Note: Have two witnesses sign and date your record book, stating that they have "witnessed and understood"the work you have done to build and test your invention.
Copies of all correspondence (including e-mails) and any receipts relating to your invention.
Don't do too much work on your invention until you get a good idea of whether it will sell well.
A suggested rule of thumb to determine whether your invention will sell well is that the total sales will be at least twenty times the cost of inventing and patenting it.
Include in your cost calculation the cost of filing fees, hiring a lawyer to help with your patent filing, and the person who prepares the drawings of you creation.
Assess whether you will be able to get a patent on your invention. Answer the following questions:
Is your invention novel?
What is the prior art?
If you are improving on something that has already been patented, is your invention a new physical feature, a combination of prior separate features, or a new use of a prior feature?
If you are improving something that has already been patented, is your invention not obvious?
Does your invention produce a new and unexpected result?
Does your invention fall into one of the five classes of items that may be patentable? That is, is it a process, machine, an "article of manufacture,""compositions of matter,"or a new use of any of those items?
Do a patent search.
Keep a file for your invention that contains items and information you and your lawyer will need while you prepare your patent application.
Start exploring and thinking about how you will market your invention.
Work with an experienced lawyer who is licensed by the Patent and Trademark Office and does patent work for a living.
