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Are you confused about what a patent is and whether you should get one? This is a primer for beginning inventors that answers your most commonly asked questions.

1) What is a patent?

A patent is a form of "intellectual property" which rewards persons whom invent a new and non-obvious:

a) process or method;
b) machine;
c) article of manufacture; or
d) composition of matter.

In return for completely disclosing the invention including how to practice the invention, a "legal monopoly" on the invention is granted to the inventor(s) for a specific period of time.

That legal monopoly is the right for the inventor(s) to exclude other persons and businesses from:

a) making;
b) using;
c) offering for sale or selling; or
d) importing;
the invention in the United States.

2) What is "patent pending"?

Once a patent application is prepared and filed and prior to issuance of a patent, the invention can be marked "patent pending" or "patent applied for".

While these have no legal significance and grant the inventor(s) no legal rights, the designation tends to discourage other persons or businesses from copying the invention since a patent might issue on the invention granting the legal monopoly to the inventor(s).

3) Are there different types of patents?

There are two types of patents that are typically of interest to inventors, "design patents" and "utility patents".

A design patent protects the "aesthetics" or the "appearance" of the invention and is a much more limited legal monopoly than utility patents which protect the "function" of the invention.

Therefore, utility patents are desirable over design patents where possible, though an invention can be protected by both design and utility patents.

4) How long do patents provide legal protection for the inventor?

The period of time for which the legal monopoly is granted for a utility patent is 20 years from the filing date of a utility patent application, however, the legal rights do not begin until the patent issues.

The period of time for which the legal monopoly is granted for a design patent is 14 years from the issue date.

5) What are "maintenance fees"?

Utility patents require the payment of maintenance fees 3.5, 7.5, and 11.5 years following issuance to maintain the patent in force. Design patents require no maintenance fees to maintain the patent in force.

6) Should I keep my invention secret?

The inventor(s) should be careful to maintain their invention secret until the advice of a competent licensed patent attorney or patent agent is sought.

That is because many foreign countries in which the inventor(s)might decide to seek patent protection there is an "absolute novelty" requirement.

This means that if the invention is "publicly disclosed" (i.e. disclosed to people in a non-confidential manner) prior to the "effective filing date" in that country, then the validity of any patent which would potentially issue on the invention in that country could be challenged later.

7) What is the "International Treaty", also called the "Paris Convention"?

Many countries are members of the "International Treaty", also called the "Paris Convention".

These countries allow inventor(s) to claim "foreign priority" based on the filing date of the first filed patent application in a member country, provided a patent application is filed in the member country within 1 year of such first filed patent application (within 6 months for design patent applications).

The United States is a member of the International Convention so as to grant such priority based on a foreign patent application.

8) Are there time limits in which to file a patent application at the U.S. Patent Office?

The inventor(s) MUST file a United States Patent Application within 1 year (if patent protection is desired in the United States) of the earlier of:

a) making an offer to sell the invention (even if the offer is not accepted and sometimes even when the invention is not yet manufactured or otherwise available);
b) use of the invention in public (e.g. using the invention at work or in public on the street corner); or
c) or putting the invention in a printed publication which is circulated (e.g. a sales brochure, catalog, or a web site).

These are called "statutory bars" and if the year period expires without filing the United States Patent Application, the inventor(s) are not permitted to file a patent application in the United States.

Foreign priority (discussed above) or the priority of a provisional patent application (discussed below) can be used to predate the expiration of the 1 year period if applicable.

9) What is a "provisional patent application"?

A provisional patent application can be filed in the United States which provides a disclosure (description) of the invention, but which does not have the formal requirements of a utility patent application.

Priority can be claimed for a utility patent application (but not a design patent application) and foreign patent applications in countries which are members of the International Convention if filed within 1 year of the filing date of the provisional patent application.

The bottom line, timely consult a competent "patent attorney" or "patent agent" to discuss the details of protecting your invention!

I now offer for a LIMITED TIME filing a Provisional Patent Application for only $147.00 (plus the $100.00 government filing fee and $9.97 shipping and handling).

Click on or copy and paste the following into your browser:
http://www.InventionPatenting.com/file_a_provisional_patent_application.html

Brian R. Rayve, founder of http://InventionPatenting.com has over 27 years of combined experience in the product design, development, and the legal field. His background in product design and development includes such diverse industries as arc welding equipment, aerospace, off-road earth moving vehicles, medical equipment, and soft drink bottling equipment.

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1. Start a Community Blog. A community blog is just that, a community of like-minded people who contribute to a blog. One of the obvious advantages to this type of blog is that you don't need to spend a lot of time posting yourself to be part of an active blog. If you have a community of three or more people and you each post at least twice a week then you will have a pretty active blog. Be sure to use an RSS feed and have all contributors post the feed on their sites to get the benefit of each sites visitors.

2. Hire a team of bloggers. Newspapers have contributors, blogs can too. If you've ever used writers to do articles and content for you , they can do the same type of thing with a blog. Many of the most successful blogs are already doing this. The combination of group promotion effort, regular updates and pinging can help bring in traffic quickly. One thing to note here is blogs are a somewhat social tool. Some very popular niche blogs are not all that visible in the search engines, yet they get a lot of traffic because people recommend them and they become a sort of buzz hub. Search engines do not always pick up on this but they do eventually. This is why group blogging can be very powerful because you're leveraging the power of not one (your) influence group but several people's influence group. If you do pay your bloggers, you can always offset this cost by displaying Adsense ads. Many popular blogs earn a good amount in Adsense, that they make a nice profit even after paying their bloggers team. After a while it becomes a passive income stream.

3. Recycle Content. By taking previously published articles, interviews or even audio and breaking it up into blog sized pieces you can recycle old content and make it new again! You can break up long pieces into a bunch of segments and have a series going for, say, a week or so. Then you won't have to worry about coming up with new content for a week!

4. Include audio. For some of us, it's much easier to speak than to write. So, mix up your blog. Carry a small portable MP3 recorder or blog by phone. What a convenient way for moms who are running around all day , busing the kids where they need to go , doing errands , and whatever else needs to be done. Maybe you're stuck in traffic, or waiting for the kids to get out piano class or school. An idea or thought strikes and you think "Oh I need to share that on my blog" so, pick up your phone (assuming you have a cell phone - and many of us do), dial a number, say what's on your mind, save it and you're done. Your blog is published. If you're using Blogger, you can do this for free through AudioBlog. It involves calling a long distance number, but most cell phone plans don't charge extra for long distance anyway so you're not incurring any extra cost.

If you're using another blog publishing tool like WordPress, Movable Type or TypePad, then you'll need a service like AudioBlogger.com. This one is a paid service but it's only $4.95 a month and it gives you more options like a nice flash player, statistics and even video that make it worth while.

5. Automating Your Blog. One of the things I love about using Wordpress as a publishing tool is that it offers a forward blog entry option that saves me tons of time. By using this tool you can blog ahead of time and have your entries posted on the day and time you choose. So let's say you have a week's worth of posts ready to go. You don't have to come back each day and post, instead you write everything up in one day and schedule a new post out 24 hrs after the next. This will save you time!

Let's face it. There will be times we have a ton to say and times we have little or nothing to share. Instead of having multiple entries one day and nothing over the next few days, by using forward entry you can blog everyday of the week. Or rather you blog once and the blog publishing tool does the job automatically the rest of the week. You can even forward blog for weeks and months ahead of time.

Note: Blogger users unfortunately cannot do this because Blogger publishes all entries regardless what you date it immediately.

Affectionately nicknamed Tech Diva by her peers, Lynette Chandler regularly dispenses blogging and RSS help to countless business owners. Visit http://www.BloggingStarterPack.com to learn more about blogging and get a copy of her video free.

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