Here is a link to a short presentation that I gave to the first grade class at Pacific School in Davenport, California. It is called, "All about Inventing". It talks about the process of invention; the flow of an idea from conception, through production. I brought some cool old things like light bulbs, video games and circuit boards with me as visual aids. The kids seemed to like the presentation.
I spoke a little bit about software as well. They really liked that part too. I told them that software is a great medium for invention.
The kids still have a few years to go before they become successful entrepreneurs. Perhaps my blog will still be around when they start prototyping exciting new widgets in their garages. Maybe they will think back on the day that "Mr. Spencer" came to school and gave that great presentation.
Maybe, a few years from now, they will search for me on the Internet and find this blog...
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Dear Kids,
It is freakin' fantastic that you found my blog! I am SO PROUD of you! You guys showed a lot of potential back in 2005, and I am sure that you have developed into amazing software entrepreneurs just like I wanted you to. I am also sure that you got some orthodontic work, cause quite frankly, some of you guys really needed it!
Anyhow, now that you are all-grown-up, I have to confess something. Mr. Spencer had a little bit more to say about patents; software patents in particular.
So, stop eating those crayons and pay attention.
First off - every technical factoid about the patent process is available through the good people at Google and the USPTO. Just like you found my blog, you probably found that stuff too.
Here is one more thing to look at. It is an article on WikiPedia about the Software patent debate. It is a sad bedtime tale about software patents in general. After you read it, you might decide to get out of software all-together. Maybe you should make a new type of hybrid engine for passenger cars instead.
Next, by now you have heard of "attorneys". Patent attorneys are nice men and women who provide expert facilitation of the patent process. Most of them are not mean or scary. A very few of them might be a little "purposefully optimistic" about your idea, just to get your business. Remember that patent attorneys make money whether or not you actually get a patent. There are no guarantees.
So, you should not misconstrue a patent attorney's willingness to file a patent as an indication that your idea is unique or marketable. In fact, the best patent attorneys will regard your idea with a certain degree of polite detachment. If you find a patent attorney who seems unduly excited by your idea - if he or she says, "HOLY CRAP", "WOW!", "THAT'S AWESOME", or "WHAT THE HECK ARE YOU GOING TO DO WITH ALL THAT MONEY", you should find another patent attorney.
"Bad Patent Attorney"
Also, beware of the professional patent search. Patent searches result in either "no news" or "bad news". If you pay for a patent search, and your idea doesn't show up - that doesn't mean that your idea is unique. It just means that it didn't turn up in the patent search. Again, there are no guarantees. If you want to save yourself some money, do the search yourself. DO YOUR HOMEWORK!
If you get a patent, it doesn't mean that your idea is unique. When you apply for your patent, examiners at the US PTO will reject it right away, no-matter-what. You and your patent attorney will make some changes and file it again. Another rejection. Another filing. Eventually, your patent for "sliced bread crispy cooker" will yield a patent. This doesn't mean that your idea is unique. If there is any example of prior art, your patent will be useless in court. There may even be other patents on file, or in process, which conflict with yours. Patent examiners look for obvious problems, but don't necessarily find every problem.
If you get a patent, it doesn't prevent other people from infringing. Think of your patent as a giant sword. If you are too small to swing the sword, it doesn't do you much good. Your patent might be valuable if your exit strategy involves acquisition by a big company; Google for example - OR if you think your company is going to grow big enough to actually swing the sword itself.
From the time that you first document your new invention, to the time that your patent is actually issued, money will flow from your piggy bank to your patent attorney. This "money flow process" can take 3 or 4 years. However, there is really good news. You can minimize your expenses for a couple of years.
Be careful though, the following information is for US patents only!
When you invent something important, use a marker to write it down and put a date on it. This date is very important. This is the date of your invention. You might want to get it notarized or postmarked as well, so that you have further proof of the invention date.
Then, hide it under your bed for as long as possible. Once you've made your first public disclosure (told someone about it without an NDA, shipped a product that uses it, demonstrated it at a trade show, etc) a special imaginary clock starts running. Once this clock starts, you can procrastinate (i.e. play) for a year before you have to file a patent. So far, you've spent NO money.
When that year is about to expire, it is time to file a provisional patent application. A provisional application could be filed by a patent attorney - or you could just do it yourself. If you have the patent attorney do it, it shouldn't cost more than $200-$300 dollars.
Provisional applications can be pretty "raw". You don't want to use "construction paper", but you can avoid most of the words and diagrams that are required for the actual, comprehensive filing that you'll do later.
Within a year of your provisional application, you have to make a decision if you want to file the real application or not. The real application, and related follow-on work will be pretty expensive. $10K - $35K is a realistic range. to think about
Make sure your software patent isn't too broad. If it is, your patent could be invalidated by "prior art". "Prior art" is an example of something that existed before the date of your invention. It shows that you weren't really the first kid to invent the thing that you patented. So, be careful!
Make sure your software patent isn't too narrow. If you get too specific and too detailed in your claims, other kids might figure out ways to "design around it" - by doing things that are very similar, but different enough to avoid infringement.
When you get a patent, you will receive fake stuff in the mail. It's fake because it looks like it comes from the government. It doesn't. It comes from a place that makes money by laminating the cover page of your invention and mounting it on an authentic piece of oak-veneer. Go for it. Send it to your mom. Or, send it to me!
You guys are going to be wildly successful with your inventions, so have fun and play safe!
Yours with loving kindness,
Mr. Spencer