Why inventors should not first file for a utility or design patent

Ah ha!  You've got it... The next million dollar invention.  What should you do first?  You search in Google, 'What to do with an invention.'  Nine times out of ten, you'll find the industry standard that tells you to protect your ideas with a utility or design patent.  What they fail to mention is that by doing this, you could possibly waste several thousand dollars.

Everyday, inventors all over the world approach intellectual attorneys with their inventions.  They sit down, write out a utility or design patent, pay anywhere from 12 to 15+ thousand dollars, and wait two to four years for their product to be approved by the USPTO.  However, after they have waited for what seems like forever, they receive a letter from the USPTO only to inform them that their patent has corrections that need to be made before a patent can be granted.  

What happened?  The attorney you used had great recommendations and you filled out all of the paperwork properly.  Oftentimes, utility and design patents are written without first consulting with an engineer or manufacturer to see if your design is even possible.  So once you have already paid the fee for your original patent, you approach a manufacturer who makes a few tweaks to your design, and then you are forced to pay more money for revisions to the original patent.  Now you're back to square one - waiting to hear back from the USPTO with your new and improved patent.  

According to Joseph Rhodes, President and CEO of RIDD, there a few simple guidelines inventors should follow after having their 'Ah hah' moment.

1. Before filing for a patent, be sure to have a proof of concept, meaning that your designs have been   approved by a manufacturer.  Your design should make for a practical, working and manufacturable product.  
2. Go a step further and have a working prototype made before filing for a utility or design patent.  
3. Instead of filing for a utility or design patent, file for a provisional instead. Once your product starts to generate funds, then go out and spend the extra dollar for a design or utility patent.  
4. After filing for the provisional, be sure that there is a maintained interest level for your product. Make sure that you will be able to recoup the money you spend on a patent before filing for it.  

For more information on the patent services offered at RIDD, visit our website - www.rhodesdevelopment.co, or call us Monday through Friday between the hours of 9-5 EST.  We would love to answer any questions you have about the patent filing process!