new tool idea - now what?

[maddawg308]

I have a new tool idea. I can build it without too much effort. I looked around the internet and I don't see anyone else with this idea. I'd like to sell the idea.

Now what?

Anyone ever get in this situation? I don't have a lot of money (actually, I don't have any), but I think I have a good idea. I've heard horror stories of people who came up with a new idea, and in the process of bringing it to fruition, the idea was stolen and they ended up broke and angry at life.

So, what's the right way to go?

 

[metaleltr]

I know lisle has a program for tool inventors, but i don't know if you receive royalties for your idea.

Another option is to find a patent lawyer to go through the process of submitting a patent which is a long and expensive process.

 

[O_M_Jeep]

you have to have a functioning prototype to apply for a patent, the best, easy, simple way to protect yourself is to take all your plans, a short history of the idea, and pics of the prototype and email it to yourself, not at an email that is accessed through outlook, but a web-based email like yahoo, hotmail, or like that, this establishes a date that you have the information, and because its an email you cant change the date on it is proof of providence of a kind. there are a lot of places that offer to help with patent applications, you have to be careful, some of them are just there to low ball good ideas.

The best advice is dont get in a hurry, take the time to get all your proprietary information on paper and in to an email that is date stamped, another way you can go is to have the plans written up and draw some schematics / illustrations and have them notarized. Congrats on a good idea, good luck bringing it to fruition.

 

[Vvmvbb]

Some starters-
1) you don't need a working prototype to get a patent if it is properly documented.
2) establish your priority date immediately. Get any drawings dated and witnessed-and-dated by someone who understands the work. Preferably collect it all in a log book ( I like Avery/National 43-648). If you tape something into the book, sign your name so that it is half on the attachment and half on the book page. Put a big X on any big open areas that you don't write on. Everything in ink.
3) Don't disclose the invention publicly since that will start the clock and you will need to file a patent within one year.
4) consider filing a provisional patent as soon as possible to solidify your priority date. That's much cheaper, and you don't need your claims written up. You then have one year to complete the full patent application

 

[jeffk14]

I know lisle has a program for tool inventors, but i don't know if you receive royalties for your idea.

Another option is to find a patent lawyer to go through the process of submitting a patent which is a long and expensive process.

Yes, it's an expensive process. A good buddy of mine invented and holds the patent for the Walker Wheel Winch. I think he spent around $11K by the time he had the patent all sewn up. Here's a video of a prototype in use:

 

[Outlawmws]

I'm not sure what part he managed to patent for that walker winch, but that basic idea has been around almost as long as the automobile. The patent might not be worth the paper it was printed on in a legal battle, or it might. It depends on exactly WHAT he patented. The pop out bit could be patentable, but the base concept is very old.

 

[maddawg308]

Sometimes the application is what is patented, not the device itself. If noone had ever created a wheel winch for ATVs, then that is what got patented.

 

[bsaint]

Yea its like intellectual property right? Like if you patented the idea of a computer tablet before anyone actually built one, you could sue apple. Im trying to patent light travel.

 

[trtrd]

right everything down /drawings,and mail it to yourself but do not open it. that way you have dated.

 

[ijason]

also take all drawings and notes you have on your idea and go down to a notary public it's free. there at your town hall or bank and have them stamp it with there seal it will show the date of it then get a machine shop like i have access too who can make you a prototype and then get a copyright attorney to get it copy protected for you. that cost about $1000 and then you have good legal standing and protection providing you are not copying someone else's patents.

good luck but at least get your drawing and notes notarized

 

[jeffk14]

I'm not sure what part he managed to patent for that walker winch, but that basic idea has been around almost as long as the automobile. The patent might not be worth the paper it was printed on in a legal battle, or it might. It depends on exactly WHAT he patented. The pop out bit could be patentable, but the base concept is very old.

Sometimes the application is what is patented, not the device itself. If noone had ever created a wheel winch for ATVs, then that is what got patented.

You're both partially right. It was a long and complicated process and yes, the basic wheel winch has been around for a long time. IIRC, the "deployable from within the wheel itself" feature was a big part of it but there was a lot more to it than that.

I was involved with it very early on but withdrew over differences in vision on how the project should go. The basic concept was his idea anyway, so the best thing for me to do was to wish him well in taking things in his own direction. It's a long story but there were no hard feelings and myself and the inventor are still very close friends.

 

[Vvmvbb]

Guys,
The standard for authenticity is the properly executed and witnessed log book like I described in point (2) above. That's what everyone in the process will expect and value highest. Don't email it, don't seal and mail it, and don't bother with a notary. Do it right and you'll have the most defensible position. And it will be easier, and funner, and you'll get the thing better organized.

 

[franzdom]

It used to be first with the idea and in a month it is changing to first to file like the rest of the world. You do not need anything built, just well documented plans.

 

[Vvmvbb]

It used to be first with the idea and in a month it is changing to first to file like the rest of the world. You do not need anything built, just well documented plans.

That's a crucial point. Though I thought we change over in March 2013.
I need to brush up on this. After the change, is there any Legal value to proof of invention records (log books)?

 

[lwlobo]

Best way is to put together a description and sketch of the concept and send it to me. I'll take it from there and make sure to protect your interests.

Signed,

Every weasel who ever stole an invention from it's rightful owner.

Good luck to you and don't trust anyone.

 

[RVDan]

I'm not sure what part he managed to patent for that walker winch, but that basic idea has been around almost as long as the automobile. The patent might not be worth the paper it was printed on in a legal battle, or it might. It depends on exactly WHAT he patented. The pop out bit could be patentable, but the base concept is very old.

Yep it's not a new idea, I have an old wheel mount winch drum that is at least 40 years old.
It doesn't usually work either, most vehicles have a differential which would let the wheel with the winch drum sit still while the other wheel spins freely.

 

[Zephyr]

right everything down /drawings,and mail it to yourself but do not open it. that way you have dated.

^^This for the simple fact it has an official date from the post office stamped on it during processing and place it somewhere safe. Its possible to forge dates and data in an email just have to know what you're doing. so I would lean towards the snail mail route first and foremost before you continue working on the project

Sent from my DROIDX using Tapatalk 2

 

[Jarhead0408]

I believe Lisle does pay royalty's. Either that or a lump sum, but I'm leaning toward royalty's. Go check the back of one of there packages at one of the auto stores.

 

[Vvmvbb]

^^This for the simple fact it has an official date from the post office stamped on it during processing and place it somewhere safe. Its possible to forge dates and data in an email just have to know what you're doing. so I would lean towards the snail mail route first and foremost before you continue working on the project

Sent from my DROIDX using Tapatalk 2

This is not really that good. A signature of a witness who will testify to its athenticity is very strong in these cases, I doubt apposing council would ever even dispute it. A sealed letter has the problem of when do you open it? Once you do, it's link to the date is gone, and the only thing remaining is the statement of some agent who opened it. That statement is no stronger than the witnesses, and is unusual and complicated.
I suppose it couldn't hurt, but please don't do this instead of the common practice.

 

[jkeyser14]

This thread is full of horrible information. Mailing or e-mailing something to yourself doesn't protect you from anything. Patent law changed at the beginning of the year.

The patent award no longer goes to the first person to invent. The law is that the first person to file for the patent is now awarded it.

If you can't afford about $5-10k for a laywer OR can't understand the patent application process or afford the $300 application fee for the patent then I'm sorry, your idea does you no good unless you find a company willing to sign a non-disclosure agreement and pitch the idea to them. Most companies won't because it becomes a potential liability down the road.

And if you can't afford the patent, then you definitely can't afford to actually go into production with the tool. Investors would want to see the patent in order to know they will be able to get a profit off of their investment.

 

[Vvmvbb]

This thread is full of horrible information. Mailing or e-mailing something to yourself doesn't protect you from anything. Patent law changed at the beginning of the year.
.

...beginning of next year (March 16, 2013):

http://www.uspto.gov/news/pr/2012/12-44.jsp

 

[richfinn]

I would just make it really a nice quality product you can sell for a premium price and stand behind the product with a good warranty and service, everyone will copy it sooner or later anyway. The cheapskates will always buy the cheap **** version anyway. I think the key thing is getting pros to buy it.

There are loads of cheap copies of PowerProbes floating about but they seem to be doing OK, and I doubt the lowballers would ever buy a real one anyway

 

[ndoran]

you have to have a functioning prototype to apply for a patent, the best, easy, simple way to protect yourself is to take all your plans, a short history of the idea, and pics of the prototype and email it to yourself, not at an email that is accessed through outlook, but a web-based email like yahoo, hotmail, or like that, this establishes a date that you have the information, and because its an email you cant change the date on it is proof of providence of a kind. there are a lot of places that offer to help with patent applications, you have to be careful, some of them are just there to low ball good ideas.

The best advice is dont get in a hurry, take the time to get all your proprietary information on paper and in to an email that is date stamped, another way you can go is to have the plans written up and draw some schematics / illustrations and have them notarized. Congrats on a good idea, good luck bringing it to fruition.

unfortunately the U.S. patent laws give the right to use the idea to the first to patent not the first to invent. getting a patent in any country is expensive and then you have to maintain it which is always expensive for the next 20 years.

Snap on are always interested in new tool ideas not sure what deal they offer or what you can negotiate but you need a Non Disclosure Agreement with them or anyone else before you disclose your idea. Best step is see if you can get an Intellectual Property Lawyer to give you some initial vice on how to approach this for free - often works for less than 30 minutes. After all they can only say no at worst.