Anyone ever get a Patent?

tireys

tireys

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Mar 4, 2009
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#1
I had an idea today for a product that I have never seen anywhere and I am pretty sure it hasn't been done. I was curious if anyone here has ever patented an idea they had and the process envolved. From what I can tell isn't easy or cheap. It is obviously written in Leagalise for a reason to employ lawyers. I would like to persue this but I would like to know where to start. Any help or pointers would be greatly appreciated.
 
#2
Re: Anyone ever get a Patent?

Ive looked into it. Its not a simple or inexpensive process. Try on line connection to US Patent office and they will tell you what to do. It takes a while. To begin with you can set out the idea on paper, with diagrams if appropriate, have it notarized and mail it to yourself. do not open it, just put it in the safe deposit box. This gives you some legal ground and time frame to show that it was your idea. Good luck.
 
#3
Re: Anyone ever get a Patent?

ive been working on one for over six years . your right its niether easy or inexpensive ! they say only $800 to do your own but if every i isnt dotted and t crossed they will deny your patent . atty will cost between 8000 and 10000 . but will normaly go through on the first try .i havnt used the atty yet due to funding but know several who have .
 
#4
Re: Anyone ever get a Patent?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Cleaner</div><div class="ubbcode-body"> with diagrams if appropriate, have it notarized and mail it to yourself. do not open it, just put it in the safe deposit box. This gives you some legal ground and time frame to show that it was your idea. Good luck. </div></div>

Not accurate, this only proves that you mailed yourself a worthless letter. It has no IP protection at all.

Best bet: Hire yourself a patent attorney (what I'm currently working towards being)if you think it's viable i.e. worth the potential $5K-10Kish you might spend on obtaining the patent. If it's not then produce enough product to flood the market which has the effect of cornering the market.

On a side note: the number of patents filed is astronomical and the USPO is years behind, I think they said 200,000 patents behind, just on computer software related patents.
 
#5
Re: Anyone ever get a Patent?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Shot In The Dark</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Cleaner</div><div class="ubbcode-body"> with diagrams if appropriate, have it notarized and mail it to yourself. do not open it, just put it in the safe deposit box. This gives you some legal ground and time frame to show that it was your idea. Good luck. </div></div>

Not accurate, this only proves that you mailed yourself a worthless letter. It has no IP protection at all.

Best bet: Hire yourself a patent attorney (what I'm currently working towards being)if you think it's viable i.e. worth the potential $5K-10Kish you might spend on obtaining the patent. If it's not then produce enough product to flood the market which has the effect of cornering the market.

On a side note: the number of patents filed is astronomical and the USPO is years behind, I think they said 200,000 patents behind, just on computer software related patents. </div></div>

I agree with this 100% mailing yourself a letter only wastes a stamp and a good patented attorney would eat you alive if you tried to bring this up.

You can get what is known as a provisional patented. These are normally good for a year, sometime a little more and cost less then a full blown patented. This give you time to see if your idea has merit and to see if you want to fork over the big bucks for a full blown patented.

It is also possible to get a patented on an already patented item if you make improvements or changes to the item, so just because one has a patented doesn’t always mean everything. There are so many ways to patented or copyright something you could go broke filing them, not to mention defending them.

I've been involved with several provisional and full patented and I would strongly suggest an attorney for so many reasons, I wouldn’t even what to consider doing it myself. Even if I did and needed to defend I would still need an attorney so one might as well get one right from the start.

If you really want to start down this path I would strongly suggest you get an attorney to at least do a patented search to even see if you are really the only one that has had this idea. This way you will know if it's really worth spending any of your money only to find out it's already or is being done. Remember it takes money to file a patented and they can still say no for many reasons.
 
#6
Re: Anyone ever get a Patent?

The attorney cost scares me. The cost of being sued would far outweigh getting it right the first time I realize that. Its a huge risk for anyone to spend the time and money especially if nothing pans out. I guess I could just make one for myself and use it and maybe someone will ask if they can buy it.LOL
 
#7
Re: Anyone ever get a Patent?

First thing go to the US patent office on line to see if your idea is the first, I had a idea years ago that I had never heard of only to find several patents like my idea it saved me the attorney fees.
I hope you don't find yours there, good luck.
 
#8
Re: Anyone ever get a Patent?

Spend the money on the patent if you think it is a sound idea, you don't have to produce it. How much do you think your idea is worth to a company that produces a similar product?

This is what most inventors do with their ideas, invent on paper, pay a lawyer,get a patent and then sell the patent to a company and live off the royalties.
 
#9
Re: Anyone ever get a Patent?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Shot In The Dark</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Cleaner</div><div class="ubbcode-body"> with diagrams if appropriate, have it notarized and mail it to yourself. do not open it, just put it in the safe deposit box. This gives you some legal ground and time frame to show that it was your idea. Good luck. </div></div>

Not accurate, this only proves that you mailed yourself a worthless letter. It has no IP protection at all.

Best bet: Hire yourself a patent attorney (what I'm currently working towards being)if you think it's viable i.e. worth the potential $5K-10Kish you might spend on obtaining the patent. If it's not then produce enough product to flood the market which has the effect of cornering the market.

On a side note: the number of patents filed is astronomical and the USPO is years behind, I think they said 200,000 patents behind, just on computer software related patents. </div></div>

You may be right on this.Actually I guess Iwas thinking of copyrights. which I hold several of, and which a sealed letter with the lyrics to a song, or story does in fact give some creedence to ownership.
 
#10
Re: Anyone ever get a Patent?

Getting a patent is a waste of time. The patent Lawyer will tell you differant. Just remember he only get's paid if you try to get a patent....
Most patents are easy to get around, as well as you will not spend the money to defend your patent anyway. Then you will loose it. Just to defend your patent you will cost 100-150 thousand. Also, most poeple that want to get around patents set up a corporation that has no assets. So if after you spend the 100 k + you end up with nothing... So unless you have an idea that will make you millions It is a waste of time..( unless you just want to have a product that you can say you have a patent on )
 
#11
Re: Anyone ever get a Patent?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Cleaner</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Shot In The Dark</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Cleaner</div><div class="ubbcode-body"> with diagrams if appropriate, have it notarized and mail it to yourself. do not open it, just put it in the safe deposit box. This gives you some legal ground and time frame to show that it was your idea. Good luck. </div></div>

Not accurate, this only proves that you mailed yourself a worthless letter. It has no IP protection at all.

Best bet: Hire yourself a patent attorney (what I'm currently working towards being)if you think it's viable i.e. worth the potential $5K-10Kish you might spend on obtaining the patent. If it's not then produce enough product to flood the market which has the effect of cornering the market.

On a side note: the number of patents filed is astronomical and the USPO is years behind, I think they said 200,000 patents behind, just on computer software related patents. </div></div>

You may be right on this.Actually I guess Iwas thinking of copyrights. which I hold several of, and which a sealed letter with the lyrics to a song, or story does in fact give some creedence to ownership. </div></div>

Copyrights are the same as patents in the sense that a letter sent to one's self doesn't hold any legitimacy other than to show that you sent a letter to yourself. The contents are moot. That being said however, I think you're not nearly as likely to have a copyright challenged as you would a patent. The same concepts are applicable though, as they are both forms of IP. Technically, everybody owns countless copyrights as even this post I'm making now is my IP.
 
#13
Re: Anyone ever get a Patent?

If it is a tool there are tool companies that will patent it for you and you get a percentage. I have submitted a few so far and hope they pan out as I have had a few ideas over the years that someone ends up marketing years after I talk about it. One was a pedal depressor for the gas and brake pedal from a caulking gun. thought of that in the 80's someone marketed it in the early 90's. Had also thought about a battering ram in the early 90's that would use a shotgun blank, or even a live round to give an extra wallop to a door when struck hard enough. about 5 or 6 years after that someone started marketing it. Oh well I think I was born to be poor. I do have a good one right now that will give you brake material left without taking off a tire. Everyone in the shop now has them and loves them.
 
#14
Re: Anyone ever get a Patent?

I did see the other day that reforms to make the process more efficient and less expensive are on the agenda, but I don't know when that's supposed to take place.
 
#16
Re: Anyone ever get a Patent?

All someone has to do to avoid your patent is change one thing that makes it unique - they can use the same technology etc....so unless you have something REALLY REALLY unique - prepare for companies to take it away....

Those with the big bucks can move to production AND MARKETING before your patent goes through...and once that happens you're wasting your time and money.

But seriously, if it's unique run with it!!!!
 
#17
Re: Anyone ever get a Patent?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: THUNDERBOLT68</div><div class="ubbcode-body">shot in the dark,
The real question would you spend thousands of $'s to force me not to use your copy rights ?

</div></div>

Nope! That was what I meant by saying that copyright challenges are few and far between. Plus I would have to prove that you had seen my IP prior to your use of it so it would be nearly unprovable.
 
#18
Re: Anyone ever get a Patent?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Greg Langelius *</div><div class="ubbcode-body">Just curious, but what does the $5K-$10K actually buy? I mean, what sort of expenses is the Attorney incurring? </div></div>

It's all in research with patent clerks and the like...
 
#19
Re: Anyone ever get a Patent?

Gotcha.

So the patent office is the goverment's full employment program for lawyers.

Right.

Forgive me, but this is where I came in...

Greg
 
#20
Re: Anyone ever get a Patent?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Greg Langelius *</div><div class="ubbcode-body">Gotcha.

So the patent office is the goverment's full employment program for lawyers.

Right.

Forgive me, but this is where I came in...

Greg </div></div>

Well not every lawyer can do patents. In order to be an actual patent attorney one has to pass a special bar exam in addition to the normal bar exam. It's cleverly called the Patent Bar. In order to sit for the exam you have to have a BS in a field like engineering or the like. For instance, I have a BS in Mech. Engineering specifically so I can sit for the Patent Bar. I then had to get a BA in PS in order to bring up my GPA. Now that being said the USPO doesn't employ the attorneys, they are instead private practice and typically employ their own research staff (patent clerks) to do most of the tedious research, the same way that your avg. attorney employs paralegals. The major difference is that patent attorneys typically charge $500-$700/hr.
 
#21
Re: Anyone ever get a Patent?

I thought about getting a patent on an item I make, but it would have been a waste of money and I am glad I didnt do it. When you first patent an item you have no idea if its going to sell. Turnes out the item I made didnt sell very well, and I dropped it in favor of another product that really took off. We went the trademark route on the item that did great, and trade marked the name of the product. If a product is successful, the name of the item can be worth a LOT more than the patent. You can get around a patent, pretty easy, and spend a lot of money defending the design. Names and trademarks are set in stone.
 
#22
Re: Anyone ever get a Patent?

I did mine myself. Bought this book:
http://www.amazon.com/Patent-Yourself-St...6210&sr=1-1

took some time to weed through what applied to my idea and include those items. I sent in the patent and it was rejected because one of the requirements needed to be on it's own separate page. I corrected it and sent it back in and it was accepted. I think the patent filing fee was $465 or something like that. So for around $500, i got my patent.

if you have time on your side, it may be worth buying the book, reading through it and making a check list of things you need to include. you may be able to do it yourself if it is a fairly simple item.

Caspian
 
#25
Re: Anyone ever get a Patent?

Gents

Unless you have $0000s to defend the patent and plenty of time to go to court etc. then they are a waste of time. Imagine you going up against say DuPont?

Say you do have a product that gets ripped off, you file a 'desist' on the folks (who are prbably knocking it off in China!) then loose the case, they only have to make a slight modification, they then sue you for their potential loose.

Unless what you want a nice letter to hang on your wall that is.

T
 
#26
Re: Anyone ever get a Patent?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Sean the Nailer</div><div class="ubbcode-body">I don't know from shinola, but those 'negative' reviews could very well have been written by Patent Lawyers.


I'm just sayin'.... </div></div>

LMAO, could be...
 
#27
Re: Anyone ever get a Patent?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Shot In The Dark</div><div class="ubbcode-body">I have a BS in Mech. Engineering specifically so I can sit for the Patent Bar. I then had to get a BA in PS in order to bring up my GPA. </div></div>

Why would you need to bring up a GPA?
 
#29
Re: Anyone ever get a Patent?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Double-edged</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Shot In The Dark</div><div class="ubbcode-body">I have a BS in Mech. Engineering specifically so I can sit for the Patent Bar. I then had to get a BA in PS in order to bring up my GPA. </div></div>

Why would you need to bring up a GPA? </div></div>

To get into grad school or in my case law school.
 
#30
Re: Anyone ever get a Patent?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: English</div><div class="ubbcode-body">Gents

Unless you have $0000s to defend the patent and plenty of time to go to court etc. then they are a waste of time. Imagine you going up against say DuPont?

Say you do have a product that gets ripped off, you file a 'desist' on the folks (who are prbably knocking it off in China!) then loose the case, they only have to make a slight modification, they then sue you for their potential loose.

Unless what you want a nice letter to hang on your wall that is.

T

</div></div>

In the case of the Chinese however, they don't even bother to make any "slight changes". There's no international enforcement (WTO is a joke) so they just reverse engineer and produce.
 
#31
Re: Anyone ever get a Patent?

From time to time I get an idea, most of which are half baked; but they all seem great at the time.

Some decades back, I had a doozie. So I looked into patenting, the process, the benefits, the implications. That research stopped me dead in my tracks.

The process is loaded in favor of the spoilers, the well endowed, and the argumentative. Lawyers should find it a lucrative field. These are all people whom I would go well out of my way to avoid.

I no longer think of intellectual property as a commodity in which I wish to trade. In the long run, I tend to expound on an idea and put it up for grabs.

It suits my personality better to make a gift of my concepts. Society has a shot at making things better due to my efforts, and the whole process is easier on the conscience and far less stressful. If the idea is truly a good one, it will bear fruit widely, and that's the real gain anyway.

Greg
 
#32
Re: Anyone ever get a Patent?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Shot In The Dark</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Sean the Nailer</div><div class="ubbcode-body">I don't know from shinola, but those 'negative' reviews could very well have been written by Patent Lawyers.


I'm just sayin'.... </div></div>

LMAO, could be... </div></div>

Yeah that is funny!
 
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