Many strive to make money by patents, but few succeed. The conditions that must be satisfied in order to make money by this means are simple, but not at all easy to meet thoroughly. The main conditions are as follows :-

(1) ;The Idea Must Not Have Been Anticipated

This danger must be guarded against by a thorough search in the Patent Office records. In addition there is always the possibility that someone from another country, may under the International Patent Convention claim and obtain a Patent here which would have a prior date to any that could be obtained here, on account of the idea having been patented in the other country before application was made here. This danger is one that cannot be guarded against, but has to be reckoned with.

(2) ;Not on a Method of Particular Construction only.-Many patents are taken out for an article of a particular design or construction only, while all the time there may well be other designs that can effect the same object. This being so it is very certain that if the article meets with any success, competing articles, yet not infringements, will quickly be on the market.

(3) ;The Patent Must Be Properly Worded

In this is also to be understood that the claims must be made properly and to cover more than mere construction details, if at all possible. A competent Patent Agent or a really experienced Patentee can with suitable ideas so word the Patent claims, that infringement is necessary in order to effect the same result as that of the article patented.

An inexperienced would-be Patentee is most strongly advised to employ the best Patent Agent he can find, it may be another matter when he himself is fully experienced.

(4) ;Assured Demand

If orders can be secured before the Patent is applied for, and without the details being revealed, then that is a very good position, and one that warrants going on with the Patent. If this is not the case (and it very seldom is) then at least it is necessary to try and be certain, that enough demand at a good price will arise to enable the Patent to be a commercial success. This is not easy to find out before the idea is covered, but every attempt should be made to do so, otherwise the fees may be wasted.

(5) ;Not Expensive To Manufacture

This point is frequently overlooked, but it is a very necessary point to watch, there is absolutely no use in patenting an idea, that when put upon the market, is at such a price that practically no one will buy.

(6) ;It Must Work As Claimed

It may seem impossible to some, but it is a fact that Patents have been obtained for ideas which did not give the results claimed, of course such are valueless for straight commercial business. There is the case of a patent granted for obtaining gold from sea-water, in which it is claimed that by putting sea-water into a shallow pan, and dropping upon the surface some straw, chopped into pieces about one inch long, and leaving the whole overnight, the gold in the water would be precipitated to the bottom, by the morning.

(7) ;The Costs Of Selling Must Not Be Too High

It is very frequently forgotten that the cost or selling articles is nowadays sometimes a serious item, so that in estimating the selling price of the article, the cost of selling it, etc., must be well included, many things on the market cost less to make than the bare cost of selling. Selling prices must include cost of making, cost of selling, cost of advertising, cost of carriage, any discounts, and profits.

It therefore appears that to have a money-making Patent possibility, the following points are necessary, i.e., that it is not anticipated, either from here or abroad, cannot be got round except by infringement, is properly worded, will have a big demand, is not too expensive to make, does work properly, does not cost too much to sell, can be sold at the right price. It is of course necessary that the inventor looks well after his own personal interest, should he have to get capital to put the Patent on the market.

A would-be Patentee is well advised when he has his model or drawings or claims completed, to put the fact on one side that he is concerned with it, and try and discover a way past the proposed Patent, if he can, then so much the better for him really, as certainly someone else could have done the same. The thing then to do is to so amend the design, etc., that no one can get past it, as a Patent that can be legally evaded is worthless and misleading.