Patents - Intellectual Property Rights (IPR)

Owning the rights to a good idea is the significant factor for being successful. Intellectual Property Rights (IPR), patents, design protection,trademarking – the paths leading to the finishing line are many and varied. However, the path to owning the exclusive rights for your own idea – the entire idea – can be long and difficult but it is necessary.

A simple rule regarding innovation is that your idea is only good if you have it before someone else does – and have made sure that others don’t steal it from you. Here we give you a few rules of thumb for securing your idea – and thereby give you the best possible start.

Seven pieces of good advice

1.
Start out by Googling your idea. If someone else has already thought of it, it might show up here.

2.
To ensure that you are the first to have had the idea, do a search on www.espacenet.com – the European network of patent databases. Google also has a search engine for American patents: www.google.com/patents. If someone else has already patented your idea, drop it or investigate if collaboration with the holder of the patent is possible.

3.
Before the actual patent application is drafted it is wise to have the idea tested for so-called non-obviousness or inventive step. This establishes the likelihood of your idea being granted a patent and ensures that it does not infringe on other patents. You can easily do the first, simple test on your own with the aid of the electronic databases on the internet. If your idea is unique, you can continue by drafting a priority application. Always remember:
this test is crucial to the extent of you final patent. The most important thing is to make the phrasing of your patent claim as broad as possible, as you can always narrow it down later if anything new arises.

4.
If the test and the databases show that you are still the first to come up with the idea, your next step is to write a patent application. A document which,in many cases, will be similar to your priority application if that was sufficiently thorough and extensive. Like with the priority application, there may be hidden traps. If so, we recommend that you seek professional help either from a patent law office or some other legal authority. If your priority application
is 100% satisfactory it will be the same as your patent application.

5.
Consider the market possibilities early on. Who is your idea aimed at – end users, B2B or others – and at which markets? The customer is crucial to how your patent should be shaped. A patent is only worth something if there is a product you can sell – or if someone has such faith in the patent or the idea that they want to buy it. You may want to seek advice.

6.
Consider the business opportunities. If you are completely on your own with your invention it might be a good idea to find business partners who can feed and develop the idea much quicker and who have the opportunities to put the product on the market in a successful way.

7.
ALWAYS REMEMBER: Keep your idea secret through the entire process. Of course, this is not possible in reality because at some point you will have to share it with others. Always make sure they are people you can trust. If your idea somehow gets out before you send in the priority application, you cannot get it patented. Under certain circumstances it might be worth getting potential contacts to sign non-disclosure agreements.

I’ve got a good idea – am I the only one who has it?