What are hidden benefits to applying for a patent?
November 13, 2013 3:30 AM Subscribe
I have many unusual ideas of unique approaches to complex problems which relate to my line of work. Writing a patent seems like a good way to get them on paper and an interesting way to boost my competitive profile. I do not have the legal know-how or resources to finance legal action, nor do I plan/care/want to. Aside from helping me outline my idea in precision and detail, what other "hidden" advantages are there to patent application?
You'll have a publication out of it: a conventional patent application (not a provisional) is normally published, regardless of whether the patent office grants a patent.
posted by exogenous at 4:36 AM on November 13, 2013
posted by exogenous at 4:36 AM on November 13, 2013
A slight pedantic note: ideas are not patentable, implementations are patentable. No mater how precise/detailed you make your patent, it needs to be physically realizable to be patentable.
A more helpful note: the one patent I hold has been a great discussion topic at each interview I've had because it provides me an opportunity to talk about a project I worked on and specifically indicate creativity (because patents require originality) and original work. In other words, with a project, I could attribute other people's work to myself; that's much harder with a patent.
posted by saeculorum at 6:07 AM on November 13, 2013 [3 favorites]
A more helpful note: the one patent I hold has been a great discussion topic at each interview I've had because it provides me an opportunity to talk about a project I worked on and specifically indicate creativity (because patents require originality) and original work. In other words, with a project, I could attribute other people's work to myself; that's much harder with a patent.
posted by saeculorum at 6:07 AM on November 13, 2013 [3 favorites]
No mater how precise/detailed you make your patent, it needs to be physically realizable to be patentable.
Hmm, this is actually a bit difficult. OP seems to be talking about a potential business method patent. While the machine-or-transformation test for a business method patent could be described as requiring a physical realization (as least as for as the "machine" part goes), the transformation aspect could conceivably be done without a physical gadget. And, the machine-or-transformation test is not the sole test for patenting a process.
In my view, the case law on process patent eligibility is not very well developed, and process patents do face a higher rejection rate than utility patents. The process also takes longer than for utility patents, which I interpret as the USPTO not knowing quite what to do about process patents.
posted by Tanizaki at 7:04 AM on November 13, 2013
Hmm, this is actually a bit difficult. OP seems to be talking about a potential business method patent. While the machine-or-transformation test for a business method patent could be described as requiring a physical realization (as least as for as the "machine" part goes), the transformation aspect could conceivably be done without a physical gadget. And, the machine-or-transformation test is not the sole test for patenting a process.
In my view, the case law on process patent eligibility is not very well developed, and process patents do face a higher rejection rate than utility patents. The process also takes longer than for utility patents, which I interpret as the USPTO not knowing quite what to do about process patents.
posted by Tanizaki at 7:04 AM on November 13, 2013
Do you work for a company, and if so, do they want you to invent things that can be patented? If so, I believe your name would be attached to those patents as the inventor.
Are the ideas actually practical and useful? If so, can you find a way to actually implement them and somehow benefit personally (directly or indirectly) from that implementation? Often the best way to benefit from an idea is to do something concrete with it and leave the decision of whether or not to file for a patent as a separate matter.
The process of applying for a patent can be very abstruse and frustrating (takes forever for examiners to respond, and when they do, they come back with weird or unexpected comments, etc.). It seems there's so much subjectivity and uncertainty in the process that it's not wise to spend too much energy on it that could be spend more productively elsewhere, especially if you have limited resources of money and time.
posted by Dansaman at 8:23 AM on November 13, 2013
Are the ideas actually practical and useful? If so, can you find a way to actually implement them and somehow benefit personally (directly or indirectly) from that implementation? Often the best way to benefit from an idea is to do something concrete with it and leave the decision of whether or not to file for a patent as a separate matter.
The process of applying for a patent can be very abstruse and frustrating (takes forever for examiners to respond, and when they do, they come back with weird or unexpected comments, etc.). It seems there's so much subjectivity and uncertainty in the process that it's not wise to spend too much energy on it that could be spend more productively elsewhere, especially if you have limited resources of money and time.
posted by Dansaman at 8:23 AM on November 13, 2013
Do you work for a company, and if so, do they want you to invent things that can be patented? If so, I believe your name would be attached to those patents as the inventor.
This is true. You would be the inventor (or co-inventor if others get involved) while the company would be the owner. Some companies will pay out bonuses for patent awards, even, and at the least will cover the (very large) legal fees for the application.
it needs to be physically realizable to be patentable
The key here is "realizable" not "realized" -- the concept does not need to have been actually implemented to be patentable.
And yes, having your name attached to a patent is waaaay kewl.
posted by trinity8-director at 10:45 AM on November 13, 2013
This is true. You would be the inventor (or co-inventor if others get involved) while the company would be the owner. Some companies will pay out bonuses for patent awards, even, and at the least will cover the (very large) legal fees for the application.
it needs to be physically realizable to be patentable
The key here is "realizable" not "realized" -- the concept does not need to have been actually implemented to be patentable.
And yes, having your name attached to a patent is waaaay kewl.
posted by trinity8-director at 10:45 AM on November 13, 2013
Writing a patent seems like a good way to get them on paper
Well. . . maybe. Have you ever read any patents? They're not technical manuals. You can, theoretically, take a patent and use that as your sole source of information for making whatever is described therein, but even many engineers would find the process ridiculously frustrating.
Why? Because patents have to be couched in language which demonstrates that the subject invention meets the criteria of patentability, including "uniqueness," so a lot of ink gets spilled distinguishing the invention from other, similar inventions, much of which is completely unnecessary if all you're trying to do is make the damn thing.
In short, patent documents are far more useful to lawyers than they are to the people who actually make stuff.
posted by valkyryn at 9:02 AM on November 15, 2013
Well. . . maybe. Have you ever read any patents? They're not technical manuals. You can, theoretically, take a patent and use that as your sole source of information for making whatever is described therein, but even many engineers would find the process ridiculously frustrating.
Why? Because patents have to be couched in language which demonstrates that the subject invention meets the criteria of patentability, including "uniqueness," so a lot of ink gets spilled distinguishing the invention from other, similar inventions, much of which is completely unnecessary if all you're trying to do is make the damn thing.
In short, patent documents are far more useful to lawyers than they are to the people who actually make stuff.
posted by valkyryn at 9:02 AM on November 15, 2013
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posted by DevilsAdvocate at 3:45 AM on November 13, 2013