RESOURCES

The Patent Process
To get an idea patented with the least possible blood letting, you need a plan. Patent attorney Douglas Tschida of St. Paul, Minnesota, has several fishing-industry clients, including Jig-A-Whopper, Reef Runner, and Quick Change Systems.

The first thing Tschida discusses with a prospective client is cost. "It takes 2 years on the average for most fishing items to get patented," Tschida said. "Fees are paid along the way. The average cost is around $2,500, with the high end running about $5,000. That includes my fees and Patent Office fees."

Early on, Tschida also discusses the idea's marketing potential. One option is to see a consulting firm like The Wisconsin Innovation Service Center. They look at your idea from 33 market-oriented angles.

Remaining steps in the patenting process are condensed from a booklet compiled and written by Tschida. In the booklet, Tschida advises the following:

Disclosure -- Provide the patent attorney with a complete description of the invention, including past designs, photographs, prototypes, drawings, and written descriptions. Include comments on competitive products and the advantages of your invention.

Disclosure Document Program -- Instead of the legally questionable practice of mailing themselves a registered letter, inventors should establish the precedence of their invention by filing a disclosure document with the United States Patent and Trademark Office.

Patentability Search -- A patent search provides specific information on prior U.S. patents relating to your invention, so further decisions can be made. Typically, patent searches must be carried out in the study room of the Patent Office in Washington D.C. Your attorney hires someone at up to $150 per hour to do this. Total cost depends on the complexity of the matter being searched.

Application -- If the idea is patentable, the next step is the patent application, which consists of a written description of the invention, a set of drawings of the type required by the Patent Office, and a set of verbal claims that identify the scope of desired patent protection. More drafts may be required.

Prior Art Statement -- The application process is evolutionary. It requires attention and continuing input. You have ongoing obligations to disclose to the patent office design changes as they occur and to point out relevant patents you discover.

Examination -- Nine months to a year after filing the application, a Patent Examiner conducts an independent search and evaluates the application to determine whether the invention is new and useful. The examiner's response commonly rejects one or all claims by the inventor. Even if the examiner intends to allow the application, he or she may reject it until you make a more definite statement of what your invention is not and thereby constrain the scope of any issued claims.

Review -- Time is allowed to review the examiner's comments and respond. Preparing a response incurs more fees. You may choose not to proceed at that point.

Issue and Maintenance Fees -- Assuming the claims are allowed, it's necessary to pay an issue fee. Thereafter, periodic maintenance fees are due prior to the fourth, eighth, and twelfth year anniversary dates.

Business Decision -- Patents represent business tools, as do trade secrets, trademarks, and copyrights. Each tool has its use, but how or when you use them or if you decide to acquire them at all are decisions you must make independently. While the patent process may be time consuming and expensive, costs are spread over time. As with other business decisions, continually weigh costs versus benefits and decide the final outcome for yourself.

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