Goldilocks The Inventor: When to File a Patent Application

When is it Too Soon, Too Late or Just Right to File a Patent?

Hi, I'm Rich Beem. I'm a patent attorney in Chicago and I would like to talk with you about Goldilocks. You remember Goldilocks. Goldilocks had the oatmeal. You know, there was the oatmeal that was too hot. There was the oatmeal that was too cold. And there was the oatmeal that was just right. Well, it's like that with inventions. Only with inventions it's too soon, too late and just right.

What's too soon? Many of the people who call us say I have an idea, or I have a concept. And we ask them, "How far are you along with this idea or concept? Have you tried it out? Have you made a prototype? Have you built one of these things to see if it works? Do you have any drawings? Do you have any photographs? Do you have any words that you've written down to describe your invention?"

One of the reasons that people hire patent attorneys is because they hate doing to work of the drawings and the written description and putting these things together. And we put these things together every day, these patent applications, so that we're sure that they're complete and ready for filing with the patent application.

So if you have only an idea or only a concept and you haven't tried it out, I would urge you go ahead and try it. Try it at home in the secrecy of your own home. Try it in your basement. And when you come up with something that works and it doesn't have to be perfect, but when it works, come to us and we will help you to prepare and file the patent application.

Now I mentioned too soon. What about too late? The people that often end up in this category are some of the smartest people. They have figured out how to make their invention and they've gone out and sold it and it really works. And once in a while we get a call like this. "You know, I made this invention and I didn't think it would really amount to much. But about two years ago I took it out, and I sold it and it's selling like hotcakes. I can't believe how people are buying this thing. And I wonder can I get a patent now." And I have to tell them, "No, I'm sorry. It's too late." In the US it's too late. There is what's called a one year grace period. And that's more generous than in most of the world. In most of the world you have to have absolute novelty. So too late is you've gone more than a year and you've had your invention already out there and you haven't filed a patent application. Well, that horse is already out of the barn and it's too late to call it back.

Now, what's just right? Just right is you've had this idea, you've had this concept and you've actually made it work. You've done it in the secrecy of your own home. It doesn't have to be perfect but it works most of the time. It doesn't have to be pretty. It doesn't have to even be economical yet. You don't have to have set a price on it. You don't have to have any customers. In fact, it's better if you haven't shown it to anybody. It's still secret, but you know it works. That's the right time. That's when it is just right, like with Goldilocks. It's just right. When it's just right, come to us. Or if you're not sure, often people are not sure. They think that they're not ready. They think that it might be beyond the point of no return. But call us. Call us and ask us about it. We work with these things every day. And don't miss the opportunity to file your patent application when it is just right. I'm at 312-201-0011. Thank you for joining me.