Popular Mechanics quotes Rich Beem on patents and selling inventions

• Filing a patent at the concept stage.
This is the biggest mistake I see. Inventors file before they've made their invention. I always ask them, have you tried it out? Have you made a prototype, preferably in secret? The prototype doesn't have to be pretty, but if you haven't made one, you're not ready.

• Filing a patent yourself.
New inventors lack objectivity and experience with the process. They either make the claims too broad or too specific. A well- drawn claim is an abstraction that captures the essence of an invention to distinguish it over prior art. You really need a patent attorney for that.

• Failing to put enough detail in the patent.
The truth is, the more detail you put in, the broader the final patent will be. We front-load the process by writing thoroughly in the application.

• Assuming that a cheaper, easier, provisional patent will do.
Some inventors think that because a provisional patent doesn't require the same technical detail as a formal application, they can write down a few words, add a sketch or two and their idea is protected. A provisional application is garbage in, garbage out. In a year it goes poof!

• Waiting for a patent to sell itself.
"Patent pending" is like staking a claim to a gold mine. You still have to dig. Once you file, get out the door and sell, and try to make some money on the invention.

• Getting discouraged by patent rejection.
I'd say 90 percent of the first Patent Office actions are rejections. We interpret that as the examiner saying, "You haven't convinced me yet. Explain again why your claimed invention is different from prior art." Your patent attorney will then negotiate with the examiner. Most of the time the second Patent Office action is an allowance.