How to Patent an Idea  

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In this video I explain how to patent an idea. I show you exactly what I think would be the best practice to protect your idea with a patent.
When you think you had a great idea and have made and invention, first maybe try to do a good search in Google and see, if anyone else has come up with the same idea. Once you find out that you have found something new, do not talk to other people about your idea, because a patent needs to be new and anything made available to the public even just talking can be novelty destroying.
The US patent law provides an exception to this rule: if the inventor discloses the invention to the public within the 12 months before the filing date of the patent application, then it will not be considered novelty destroying. However, please note that the same disclosure by the inventor will be seen as novelty destroying in most other countries. So better try to enter into a secrecy agreement or non-disclosure agreement with anyone you need to talk with before filing the patent application. One exception is the patent attorney. Your patent attorney is bound by the law to keep everything a secret you tell him, except you allow him to disclose that information.
I strongly suggest that you seek advice from a patent attorney. Drafting a patent application is a quite difficult task and your patent attorney will know all the relevant caselaw that may need to be taken into account. Once you have the feeling that your patent attorney really has a deep understanding of your invention, then he should conduct a prior art search to find publications disclosing very similar concepts to your invention.
In a next step, you and your patent attorney should identify as many differences to the other prior art documents that you can find. For each difference you should also identify an advantage that is associated with this difference. Having this list of differences and connected advantages together with the deep understanding of your invention, the patent attorney should have everything to draft a really good patent application. You need to be really critical with your patent attorney, because you cannot add anything to the description after you have filed the patent application.
Once your patent attorney has filed the patent application for you, the examiner will start his own search for prior art and will probably ask you to limit the filed patent claims. In most cases, this discussion with the examiner will lead to a granted patent.
I hope I was able to show you, how to patent an idea. If you are new to my channel and want to learn more about patents, trademarks and designs, please subscribe to my channel. If you liked the video, give me a thumbs up and hit the like button. I will answer all questions and comments below this video. And don’t forget: protect your intellectual property and go make it count!
Stichworte: Rolf Claessen, Patentanwalt, Michalski · Hüttermann & Partner, Patent Attorney, how to patent an idea
About Rolf Claessen
Rolf is a patent attorney in Germany. He is managing more than 1500 patents, trademarks and designs for mostly domestic medium sized clients in Germany and some international clients in many technical fields.
Want to work with me?
Head over to rolfclaessen.com
My contact details are
Dr. Rolf Claessen
Michalski · Hüttermann & Partner Patentanwälte mbB
Speditionstraße 21
D-40221 Düsseldorf
Tel. +49 211 159 249 0
Fax +49 211 159 249 20
Email claessen@mhpatent.de
mhpatent.net
Legalese and Disclaimer
You have been watching a video by Rolf Claessen. The views expressed by the participants of this program are their own and do not represent the views of nor are they endorsed by their respective law firms. None of the content should be considered legal advice. This video should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents of this video are intended for general informational purposes only and you are urged to consult your own patent attorney on any specific legal questions. As always, consult a patent attorney.