elevator joe
Well-known member
Does any one have experience dealing with patants? Are there pros-cons,do's-dont's that one should be aware of,are they expensive? I would like to read any comments you may have
Thanks Joe
Thanks Joe
Aquiring a patent
- Thread starter elevator joe
- Start date
metaleltr
Well-known member
Re: Aquiring a pattent
Following this, would like to find out as well.
Following this, would like to find out as well.
Re: Aquiring a pattent
If it were me, I would start at my local Patent Resource Library. Almost everyone who will "help" you patent your idea is actually going to get to you so sign rights over to them. Patent librarians and staffers are, in my experience, a great objective resource.
http://www.uspto.gov/products/library/ptdl/locations/ptdlib_1page2.jsp
If it were me, I would start at my local Patent Resource Library. Almost everyone who will "help" you patent your idea is actually going to get to you so sign rights over to them. Patent librarians and staffers are, in my experience, a great objective resource.
http://www.uspto.gov/products/library/ptdl/locations/ptdlib_1page2.jsp
rburke65
Well-known member
Re: Aquiring a pattent
There has to be a ton of information on Google about "patents".
There has to be a ton of information on Google about "patents".
OP
elevator joe
Well-known member
Re: Aquiring a pattent
Thanks for the info i guess if I don't follow through l'll never know!!
Thanks for the info i guess if I don't follow through l'll never know!!
Re: Aquiring a pattent
Patents are useless unless they're worded properly, otherwise a court can determine they're too vague and throw it out. Also, there is a maintenance fee to maintain patents after you already have them. Find a legitimate patent attorney and stay away from these infomercial scams. All they do is take your money and give you a "provisional patent" which is virtually useless.
Patents are useless unless they're worded properly, otherwise a court can determine they're too vague and throw it out. Also, there is a maintenance fee to maintain patents after you already have them. Find a legitimate patent attorney and stay away from these infomercial scams. All they do is take your money and give you a "provisional patent" which is virtually useless.
olytdi
Well-known member
green.bubbly
Well-known member
PM me your idea and I will research it. No charge for GJ members. 
agsanders
Member
I was awarded a joint patent with a friend about 3 years ago. It is not a quick or inexpensive process. As someone else said, if not worded correctly, it's worthless.
I happened to know a business owner who was fairly familiar with patent protection, acquisition and licensing. He put us in touch with a patent attorney who redirected us to another attorney. Ideally, you need a patent attorney who understands the field you are pursuing. Your attorney may recommend a draftsman, engineer, and any other number of professionals.
Our attorney first did a prior arts discovery. At least I think that's what he called it. Basically, he researched to determine if he thought the application process was worth pursuing. I think this included a search of existing patents, pending patents, and patent applications. I cannot recall exactly.
Once he determined it was worthwhile, we had to further refine written descriptions, drawings, pictures, etc. It was quite a bit of work. He put it all together and submitted it.
It goes through several steps with the USPTO. Fortunately, he handled it all for us. Best I can recall, it took about 3 years and $10,000. I can't remember the odds of being awarded a patent, but as I recall, it wasn't that good. Even worse is the number of patents that become economically viable.
But, if you think it's worth pursuing, then do it. As I found out, you're stepping into the big boy leagues. I've met a lot of other people since in our pursuit of bringing our idea to market. Everyone of them is committed fairly heavily. What I've found out is that those who are successful jump in with both feet. Unfortunately, a lot of those who are unsuccessful jump in with both feet as well. I've yet to meet anyone who has been successful who just dipped a toe in the water. Count us in the too early to determine category. Either way, it's been a great learning experience.
I happened to know a business owner who was fairly familiar with patent protection, acquisition and licensing. He put us in touch with a patent attorney who redirected us to another attorney. Ideally, you need a patent attorney who understands the field you are pursuing. Your attorney may recommend a draftsman, engineer, and any other number of professionals.
Our attorney first did a prior arts discovery. At least I think that's what he called it. Basically, he researched to determine if he thought the application process was worth pursuing. I think this included a search of existing patents, pending patents, and patent applications. I cannot recall exactly.
Once he determined it was worthwhile, we had to further refine written descriptions, drawings, pictures, etc. It was quite a bit of work. He put it all together and submitted it.
It goes through several steps with the USPTO. Fortunately, he handled it all for us. Best I can recall, it took about 3 years and $10,000. I can't remember the odds of being awarded a patent, but as I recall, it wasn't that good. Even worse is the number of patents that become economically viable.
But, if you think it's worth pursuing, then do it. As I found out, you're stepping into the big boy leagues. I've met a lot of other people since in our pursuit of bringing our idea to market. Everyone of them is committed fairly heavily. What I've found out is that those who are successful jump in with both feet. Unfortunately, a lot of those who are unsuccessful jump in with both feet as well. I've yet to meet anyone who has been successful who just dipped a toe in the water. Count us in the too early to determine category. Either way, it's been a great learning experience.
MustangRick
Well-known member
The prior art thing can be your ally incase you come up with an idea but someone else steals the idea and submits their own patent. If you have records showing that the idea was originally yours, sometimes you can get the rewards of that patent. I don't know if posting your idea on a forum or something like that would qualify or not. But there is also the aspect of you not having the ability or attitude to pursue the creation, should that prevent someone else from doing it?
I have worked for a couple of companies that would do the patent process for a share in the royalties. They were not patent companies, they just had to deal with patents as part of their R&D process. That just turned into providing a program for their employees to submit patents through the company for things in the same industry or a different one. They had a department that would look at it and determine if was worth it.
If your idea is good enough, it may be worth it to look into something like that. Not all companies share the royalites with their employees though. Just something to chew on.
I have worked for a couple of companies that would do the patent process for a share in the royalties. They were not patent companies, they just had to deal with patents as part of their R&D process. That just turned into providing a program for their employees to submit patents through the company for things in the same industry or a different one. They had a department that would look at it and determine if was worth it.
If your idea is good enough, it may be worth it to look into something like that. Not all companies share the royalites with their employees though. Just something to chew on.
agsanders
Member
Yes, very true. Patent only protects you in the US. It's hard enough to go after unlicensed use of the patent in the US. Almost impossible overseas.
OP
elevator joe
Well-known member
Interesting,sounds like a lot of dough better start saving my pennies! Thanks for all the input,much appreciated.
International patents are covered by the World Intelectual Property Organization (wipo.org)
After going through that process, then you need to get a designation in each country.
Either way you decide to go, do the business case and decide if it's worth filing. It cost the company I work for over $1M per patent to obtain and defend a patent.
Consult an attorney prior to any public disclosure. Otherwise you give up your right to patent it anywhere except the US. You need nda's with everyone involved.
After going through that process, then you need to get a designation in each country.
Either way you decide to go, do the business case and decide if it's worth filing. It cost the company I work for over $1M per patent to obtain and defend a patent.
Consult an attorney prior to any public disclosure. Otherwise you give up your right to patent it anywhere except the US. You need nda's with everyone involved.
There is a show on PBS. If you supply them with the info, they do all the leg work and then produce the product. You then are a partner with the show.
Good thing is you do not need any capital, just an idea. He has made tons of money with people who approached him with JUST a problem and they created a solution and marketed the product.
Good thing is you do not need any capital, just an idea. He has made tons of money with people who approached him with JUST a problem and they created a solution and marketed the product.
OP
elevator joe
Well-known member
What do you think if I would sell the idea to an interested party instead,it may eliminate the legal B.S. plus put a couple bucks in my pocket?
OP
elevator joe
Well-known member
specialized comercial tools
Interex
Well-known member
Depends - what's your idea?
HemiRambler
Well-known member
A provisional patent - is merely a patent pending status. What it does is to "lock in" or rather "date" your idea , but it only lasts for 1 year - after that it';s free game to anyone. What you can use it for is to see if the idea has any merit in industry, retail, etc. In another words - if you have the next best thing since sliced bread and find out that no one cares - it would really **** to have spent 5 or 10 grand to patent it only to find no one wants it. Filing a provisional patent application - once granted you can at least shop your idea around and see if everyone else thinks it's as great as you do. You can also use that time to persue the actual patent.
It allows you to put your idea on paper and not have it "stolen" because you disclosed it to someone. It also allows you to legally claim "patent pending".
It is easy to do and is CHEAP (under a hundred bucks - last time I looked). I have gone thru that process and it was only mildly painful.
Patents OTOH are expensive and time consuming to get. I know a fella who did all the leg work himself and still spent plenty of money and LOTS of time pursuing it.
It allows you to put your idea on paper and not have it "stolen" because you disclosed it to someone. It also allows you to legally claim "patent pending".
It is easy to do and is CHEAP (under a hundred bucks - last time I looked). I have gone thru that process and it was only mildly painful.
Patents OTOH are expensive and time consuming to get. I know a fella who did all the leg work himself and still spent plenty of money and LOTS of time pursuing it.
agsanders
Member
You definitely need some type of protection before approaching a company with an idea. Provisional patent, patent, something. I think it would be at least worthwhile to consult an attorney who deals in such matters for advice.
A patent is nothing more than a piece of paper to attempt to prevent others from stealing your idea and marketing it. Enforcing it is another matter. Without some sort of legal protection, you have no leg to stand on.
It can be done. I have an acquaintance who sold a patent for 25 million.
A patent is nothing more than a piece of paper to attempt to prevent others from stealing your idea and marketing it. Enforcing it is another matter. Without some sort of legal protection, you have no leg to stand on.
It can be done. I have an acquaintance who sold a patent for 25 million.
Zeke
Well-known member
If you haven't established the name and design of the product along with any instructions and packaging, you're ahead of yourself looking for a patent. You can Copyright and Trademark your ideas and those will be yours quickly and cheaply.
Even if China brings the same product to market, they can't sell it under your name.
I know a lot about this, but I've addressed this question on the Net so many times I either need to create a pat answer in Word to copy and paste, or not look anymore.
Even if China brings the same product to market, they can't sell it under your name.
I know a lot about this, but I've addressed this question on the Net so many times I either need to create a pat answer in Word to copy and paste, or not look anymore.
Richard Cranium
Well-known member
if it is a automotive tool, I would contact Lisle tools, They have a award/royalty program, and they are in the United States. Their contact info is.
Award/Royalty Program
Lisle Corporation
Pob 89
Clarinda, Iowa
51632-0089 Request an Invention diclosure agreement
I just purchased a tool from them and had just read their ad on the back of the package. Good luck.... Rich
Award/Royalty Program
Lisle Corporation
Pob 89
Clarinda, Iowa
51632-0089 Request an Invention diclosure agreement
I just purchased a tool from them and had just read their ad on the back of the package. Good luck.... Rich
snorky18
Well-known member
Before you do anything, do your own search at USPTO and also at google patent search to make sure your idea hasn't already been patented. It ***** to see people pour their heart/soul/time/money/life into something only to find out someone else already patented it.
Joe69
Well-known member
I'm in the same boat. I've come up with a tool that I want to market. I've already built a working prototype, and am trying to decide how to best proceed from here.
Joe
Joe