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I have lots of ideas which should I patent?
Often when someone invents something new particularly if it is a broad improvement in a technology instead of an evolutionary improvement to an existing product, there are multiple opportunities to file patent applications on different aspects of the basic idea.
For example when Edison invented the electric light it wasn't just the lamp he invented. He needed to invent an entire electrical system including generation, distribution , wires and cables etc.
Since patents are expensive to obtain and maintain the cost of filing on multiple ideas quickly becomes prohibitive except for very large companies.
Also it is often not clear what the most fundamental of the components of the invention or the most valuable one are. This issue needs to be given some significant thought before any patent applications are drafted.
I like to think of this problem in the form of the Alpha Cookie which is discussed in detail in my October 2010 newsletter.
The "Cookie" is the patent space which contains all the possible inventions resulting from the new technology. The chocolate chips in the cookie are the individual inventions. The goal of an orderly commercialization process is to decide which chips to commercialize and in what order.
Obviously it makes no sense to patent inventions you have no intention to commercialize. Those ideas can be disclosed publicly which will give you (and everyone else) the right to use them without worrying that someone has them patented.
Of the ideas which do have commercial value, you may find that the potential market values vary widely as do such issues as the time needed to commercialize them.
The goal of a rational IP policy should be to protect the most valuable of the the inventions and those closest to commercialization. Often that means employing a patententing strategy that starts with a system or Omnibus patent and then is followed by patents on the individual components of the system.
A series of patents on a test for ADHD for which I was one of the inventors employed this strategy. There were ultimately 13 patents filed on from the basic invention behind this test.
Whether you choose to file Omnibus patents or not you need to carefully evaluate the inventions and make rational decisions on whether and when to file patent applications on them or make use of other protection strategies such as those linked here. We can help.
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