The patent search is an important step because it indicates the likelihood of securing a patent for the invention. The patent search is a go / no-go gage as to whether the inventor will spend the time and money to seek patent protection. More importantly, the patent search may function as a go / no-go gage as to whether the inventor will spend the time and money starting his or her business which is a greater expense compared to the legal costs associated with securing a patent. To find out more, click here and here.
Documenting the invention
The United Sates has moved from a first to invent system to a first inventor to file system. With this, inventors are not as useful as it was under the first to invent system. Nevertheless, it is important in terms of establishing inventorship of the invention. Moreover, under the first inventor to file system, it is also important to retain records of your disclosures in the event that the inventor encounters the need to institute a derivation proceeding and to establish a chain of command of the information about the invention. To find out more, click here.
Potential infringement concerns
The United States allows copying a product of another as long as the competitor does not infringer on the rights of the product owner in terms of patent, trademark, copyright and trade secret. To find out more,click here and here.