Anyone here ever patented something?
- Thread starter LSX454
- Start date
Thousands to tens of thousands and 3-5 years for a chance at a US only patent. Once you get the patent you can spend low millions or more to sue each person ripping you off. Patents are useful for a business but not so much for normal people.
A few things. Never made much on any. Rule of thumb, if it's something related to your profession and you understand the marketing, manufacturing, distribution, and the margins only then might it be worth it. An honest patent lawyer will tell you that people who patent things outside their professional experience loose most of their investment.
I/we started and went about half-way through the process, here.
The 'Patent' that you get (may be granted) is valid ONLY for the country in which it is granted. Unless you spend eleventy-more bazillion dollars, to get further Patents in other countries.
And then, if/WHEN another company from another country starts ripping you off, and cloning your item and then flogging the/your market with the counterfeit item, it all depends on how much YOU want to spend of YOUR money to fight them off in court. Meanwhile, all the stores are still selling your counterfeited item and you're losing money, big time.
Question is, do you have an item that is 'big enough' to offset that whole premise? And do you have the financial backing AND tenacity to follow through with it all?
The main decision is, do you put money into the Patent system, to start that process? Or, do you simply put that money into the manufacturing of the item in question, and get as many sold as you can BEFORE the chinese clones come over by the shipping container. Because you KNOW they will.
And they'll be sold by all kinds of "Dirter than Cheap" outfits.
The 'Patent' that you get (may be granted) is valid ONLY for the country in which it is granted. Unless you spend eleventy-more bazillion dollars, to get further Patents in other countries.
And then, if/WHEN another company from another country starts ripping you off, and cloning your item and then flogging the/your market with the counterfeit item, it all depends on how much YOU want to spend of YOUR money to fight them off in court. Meanwhile, all the stores are still selling your counterfeited item and you're losing money, big time.
Question is, do you have an item that is 'big enough' to offset that whole premise? And do you have the financial backing AND tenacity to follow through with it all?
The main decision is, do you put money into the Patent system, to start that process? Or, do you simply put that money into the manufacturing of the item in question, and get as many sold as you can BEFORE the chinese clones come over by the shipping container. Because you KNOW they will.
And they'll be sold by all kinds of "Dirter than Cheap" outfits.
I have not, but 12 years ago I worked with a guy who did. He talked about it a lot.
We worked in aviation maintenance. I was a mechanic and he did sheet metal.
He showed us a common aviation mtnc tool catalog, pointing to a very common, easily made tool used to mix Proseal. He and lots of other guys had made their own, and he looked into it and found it wasn't patented, so he filed a patent for the design.
YEARS later, his patent was approved, granted, or whatever, and then he was in litigation with the acft tool mfg for a slice of their every sale of the tool since x date. He finally won, I guess, and told us he now would start getting a percentage of every sale of that particular tool.
So, second-hand anecdotal report. YMMV.
We worked in aviation maintenance. I was a mechanic and he did sheet metal.
He showed us a common aviation mtnc tool catalog, pointing to a very common, easily made tool used to mix Proseal. He and lots of other guys had made their own, and he looked into it and found it wasn't patented, so he filed a patent for the design.
YEARS later, his patent was approved, granted, or whatever, and then he was in litigation with the acft tool mfg for a slice of their every sale of the tool since x date. He finally won, I guess, and told us he now would start getting a percentage of every sale of that particular tool.
So, second-hand anecdotal report. YMMV.
Well the item I have in mind would be a very simple addition to a product that many companies make and that practically everybody has. Manufacturing and distribution etc is not in my wheelhouse by any stretch and my pockets are far from deep. I'm thinking of pursuing a utility patent and then taking it to a company that's already well established in the business and just licensing it. I think it could be a worthwhile investment for me as long as I can keep from getting screwed over somehow. I always try to learn what I can from those who have gone before me.
I'm am an inventor on a patent. The company I work for owns all of the IP. The only real reason we patent stuff is to stop competitors from copying and coming into our market. When you look at a lot of patents they are not that hard to get around and to produce a product that does the exact same thing and can legally be sold in the country the patent is granted.
US is first to file now so the first one to file for the patent gets it. Even if it's not the person to come up with the idea. That being said someone can come in after the original person filed or got the patent granted and say they have prior art and cancel the patent. They do have to prove it on there dime.
The whole patent system is to get new ideas out into the public and grant the inventor a certain time to exclusively make money of there invention. That doesn't mean someone can't come and have a better idea in the mean time or build on your idea. The maintenance costs can be quite expensive to.
US is first to file now so the first one to file for the patent gets it. Even if it's not the person to come up with the idea. That being said someone can come in after the original person filed or got the patent granted and say they have prior art and cancel the patent. They do have to prove it on there dime.
The whole patent system is to get new ideas out into the public and grant the inventor a certain time to exclusively make money of there invention. That doesn't mean someone can't come and have a better idea in the mean time or build on your idea. The maintenance costs can be quite expensive to.
Depending on your state, there is the awesome Inventors Assistance Program that pairs you with a patent attorney (after your initial patent application has been submitted) and helps you navigate the turbulent waters of the patent process. Truly a great program for the average Joe!
I was awarded a patent thanks to IAP.
The day my patent was officially published, a knock-off competitor brought out a just-different-enough copy of my product (made in F-ing china) got them into big chain stores and made lots of $$$, I, obviously, did not.
You will save a fair amount by filing as a micro-entity, i.e. LSX454, LLC. You will likely want an LLC and keep business / personal finances separated in case of lawsuits.
If you are not business savvy, you will get screwed over, you can take it with or without lube - your choice. Licensing is another matter and you will probably want to hire an attorney to draw up contractual agreements. Be prepared to make pennies on the dollar in royalties.
I did not license my product as every company wanted to have it made in F-ing china and only give me .60 cents each on a $30 -$40 product.
Lots of great info and advice posted in this thread!
Best of luck in your endeavors!
I applied for an artistic patent once and got a manufacturer that promptly ripped me off because he knew I didn't have the money to fight it.
I said hell with it.
The manufacturer didn't know the market for it and had the balls to call me back.
I bet he never paid for tooling cost.
Never again .
I said hell with it.
The manufacturer didn't know the market for it and had the balls to call me back.
I bet he never paid for tooling cost.
Never again .
Unless you will get tens of millions... or hundreds... it’s not worth it. All ours in tech days were funded by VC backers and often had in-house or retainer lawyers handling.
There used to beSomething called a design copyright. You don’t get a patent but you copyright the shape style and design of something. As opposed to patenting the function or its operation. That requires almost nothing. Do you still have to defend it putting a C on it for copyright is not a bad strategy. It at least keeps away some of the thieves.
Sirhr
There used to beSomething called a design copyright. You don’t get a patent but you copyright the shape style and design of something. As opposed to patenting the function or its operation. That requires almost nothing. Do you still have to defend it putting a C on it for copyright is not a bad strategy. It at least keeps away some of the thieves.
Sirhr
What @sirhrmechanic said.
I forgot the term.
Back then it was a 35$ fee.
I wanted the utility patent due to certain function but never got there.
I forgot the term.
Back then it was a 35$ fee.
I wanted the utility patent due to certain function but never got there.
Patents mean jack shit if our government will not enforce them against Chinese and other foreign overt copies sold for far less. That includes requiring and enforcing Amazon, eBay, and other such sites to actively remove listings of counterfeit or patent violating products or suffer penalty in increased taxation (not fees... TAXATION).
The US government will not enforce a US patent. Its up to the patent owner to come up with the money to enforce their patents. Patent suits are typically the most expensive judicial proceedings with costs over 1 million for each party. If you win you get your damages, but NOT necessarily any of your costs. Patents don't usually make sense for individuals.
$ for $, IMO, you'd be better off going to a big(er) company that could/would use and produce your item on their product. Have them sign a NDA prior to presenting your item. Ask them to buy the entire kit and kaboodle. I have done that on 2 different things I have came up with. While you probably won't become a ga-zillionaire, you'll most likely make a few thou. Just make sure you have your ducks in a row prior to meeting with them. The bigger the company, the straighter your ducks need to be.
Ok, I researched this hard a while back because I had a product I planned on building related to the industry I am in.
There are two kinds of patents. If you have an idea you are wanting to try and sell to a company, but don't want to get ripped off, you can apply for a provisional patent. It is much easier to get and is only good for one year. I think it is like a $65 fee. This gives you time to market it without dumping tons of money into it. At the end of the year you have to apply for the real patent.
There are two kinds of patents. If you have an idea you are wanting to try and sell to a company, but don't want to get ripped off, you can apply for a provisional patent. It is much easier to get and is only good for one year. I think it is like a $65 fee. This gives you time to market it without dumping tons of money into it. At the end of the year you have to apply for the real patent.
