What Small Business Owners Need to About Patents – Indianapolis News | Indiana Weather | Indiana Traffic
When it comes to protecting your invention, knowing the details about patents and how they work is essential for any creative entrepreneur.
Angela Freeman, a partner at Barnes and Thornburg, says patents are very different from traditional copyrights and trademarks. “Patents are so challenging.” She says patents are a must-have for any inventor who is looking to protect their new creation, but there are some key rules you must follow.
While there are multiple ways to protect a new invention or a utility for a new invention, Freeman says a utility patent is the most common. She says there are legal standards that must be followed. The invention must be new, novel, non-obvious, and it must have an industrial application.
Freeman says one of the biggest problems small business owners face is that when they invent something new, they often immediately share it with a family member, friend, or business partner. The problem, according to Freeman, is that this starts a one-year ticking clock on public disclosure. In the United States, after one year, if there is no patent application on file, you are not able to apply. “Many small business owners don’t know that.”
Freeman says many inventors and small business owners wait until a product is manufactured, marketed, and placed on a shelf to apply for a patent. “It’s way too late for that,” Freeman says. It’s essential to file a patent application as soon as possible.
The process of applying for a patent application can be daunting and confusing; Freeman highly recommends that small business owners engage with a patent lawyer and seek counsel when applying.
