When to File a Patent

You have a great idea, one you think is unique, and the first thing you want to do is get a patent, right?  Slow down, says a Business Week article.  Find out first if your idea is feasible. Two good reasons to do this very early:

1) "Taking action on an idea that isn't fully developed is a sure way to botch the application or get patent protection that's too narrow in scope to be of much value.", says Bob Lougher of the United Inventor's Association.

2) "Protection isn't really the most important thing.", says Richard Stim, an attorney and author of intellectual property books. "What's most important is to find out if an idea is commercially viable, since there are plenty of ideas that are patentable and yet pretty darn unmarketable."

The article recommends you should, in this order:

• Document the idea and establish its date of conception
• Invest in a market feasibility study
• Do your own preliminary patent search
• If you still have an opportunity, go ahead and file the provisional patent application.