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8 Secrets to Patenting Your Invention
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Article 7: Patent Scams
The best way to recognize a scam is to know the real thing. Forearm yourself by learning the inventing process. Read articles and books, talk with inventors, stay informed on latest developments. The more familiar you are with bringing inventions to market, the more likely you will see through charlatans’ schemes.
There are regional clubs and networks where inventors share experiences, references and resources. Reputable patent attorneys can point you to groups in your area.
Perhaps the most practical advice is that you should never disclose your invention to anyone before first having them sign a confidentiality agreement. You could forfeit your patent rights.
Once you file a patent application, the U.S. Patent and Trademark Office will maintain secrecy until your patent is issued or the application is published. After the patent is issued, the application and all correspondence is made available for inspection by anyone, and copies may be purchased.
Not all patent search or invention development companies are legitimate. Many charge to evaluate, develop, patent and market your inventions, but do little or nothing. The Federal Trade Commission says many invention promotion firms also falsely claim that they can turn almost any idea into cash.
Consider these factors:
If a company fails to portray your idea as a high-risk venture, beware. If a company tells you it has a good track record, ask for its successful client list. Confirm with clients their success. Beware if the company refuses to give you a list. Be wary of high-pressure sales tactics. Many firms perform incomplete patent searches, sometimes in the wrong category or without a legal opinion on the results. Unscrupulous firms promote virtually any idea, even those for which valid, unexpired patents exist. That can get you sued for patent infringement. Some questionable firms don’t perform evaluations at all, but claim to. If a company’s evaluation is “positive,” ask if the company is willing to cover the cost of researching your idea further. If not, beware. If a firm tells you, “We need money from you before we start,” ask why they are not willing to help on a contingency basis. Unscrupulous firms make most their money from advance fees.
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