Wednesday, June 3, 2009

Steps to Get a Patent

I just received an email from Lisa Song, who I have meet several times at NCIIA Conferences. Lisa asked for advice on how to apply for a patent. My advice is:
FIRST MAKE SURE THAT THERE REALLY IS A NEED FOR YOUR IDEA, AND THAT YOU HAVE A DESIGN THAT IS FAR BETTER, IN ALL RESPECTS, THAN WHAT EXISTS.

So many times, people have ideas, spend lots of time and money, apply for patents, and their work does not end up becoming a real product.
Several reasons for this.
  1. There is not a strong enough need for the idea. You have not clearly defined the user and his/her needs. This includes metrics for performance and cost. Be sure to take the time to understand the present state of the art. What is presently available? Criticize what exists in a structured way, on paper. Look at trends. How does your idea fit?
  2. The idea just is NOT GOOD ENOUGH.
    Your initial idea is almost never good enough. So, unless you have gone through at least 3 iterations on your idea, either forget it, and keep going until you have something that is really great. Don't waste your time on solutions that are just marginally better.
  3. You just don't have the passion, skills or resources to make it a reality.

And here are the steps needed prior to applying for a patent.

Start with a clear problem statement. You need to identify, understand and clearly define the actual need for specific users. All of this, BEFORE you start thinking of possible solutions.
  • Who is the user?
  • What is his/her need?
  • What is wrong or missing with what presently exists to address the need?
  • What is your VISION for a new concept?
  • Why is it feasible? Affordable? Technically possible? Can you get a patent to protect your idea? Will you be able to manufacture and market the product?
Problem/ Need Finding-
Focus on important needs, rather than "wants". Start by defining the user. Who is the user? Learn about the user. Be specific- not just "people with disabilities". Who are they? Where do they live? HOW do they live every day? What products are presently available and what problems do the users have with these products?
  • What are the metrics (measurable criteria) needed in a new product, in order for it to be successful? Selling price to users. Performance- Features? and BENEFITS for the USERS. A new product must be FAR Better than what presently exists, in all respects. For example, it must be "greener" and less expensive.
Good luck.. and be prepared to work like crazy to make your ideas real.