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Getting a patent on annealing machine

rogue308

Sergeant
Full Member
Minuteman
May 29, 2009
266
2
36
TX
This is being asked for a family memeber of mine who thinks that he has invented the best annealing machine since the propane torch. I'm skeptic but I guess we'll see.

Anyway he was wondering how he should go about patenting this idea. I know absolutely nothing about it so I figured I would ask here. Thanks for the help guys.
 
Re: Getting a patent on annealing machine

All he needs is a prototype for an architect to draw a schematic. Take the schematic to a patent lawyer ($$$) the blood sucker will research the product and then advise as to whether a patent would be approved or denied based on his opinion and research.

However I have been in this boat before, I work on the side with a contract manufacturer. I will pose the same questions I ask prospective clients in the same position as your family member.

1. Is there a functioning prototype? If not, does he have money to have a functioning prototype built? ($$$)
2. Is there any capital to pay for a patent (5k-25k) and production?

Now you have to take into account that shooting sports is a relatively small industry ergo there is not a huge market for annealing machines. If this product really is the bees knees the best thing would be for him to try and market it to reloading company X (with a Non-disclosure agreement) before he even consults a patent lawyer. The reason for this is they (company x) will have most likely seen more than one design and know whether yours is "special" or not. Also they will either express interest or not. If they express interest and want to take over the marketing of the product THEN you get the patent because you know you have someone to market on your behalf. However before you even get this far make sure to have you manufacturing lined out with pricing (your cost and retail) obviously company X will want a piece of the pie and I almost guarantee that your retail will be significantly higher that what they think it would sell for so be conservative.

Ideas are what make millionaires.

PM me if you have any other specific questions, I have had a long day and I am sure I have left something I would normally address.
 
Re: Getting a patent on annealing machine

Holler when he gets it patented and built. I dig that kind of stuff. I want to check it out. It would be hard to beat the Benchsource machine right now.
 
Re: Getting a patent on annealing machine

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: NTRP-CKA</div><div class="ubbcode-body">Holler when he gets it patented and built. I dig that kind of stuff. I want to check it out. It would be hard to beat the Benchsource machine right now. </div></div>

This was my thought exactly. It is still something he wants to pursue so we're just trying to figure out the best way to go about it. There is a working prototype right now. I'll let you know how it goes sir kick booty.
 
Re: Getting a patent on annealing machine

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: IdahoMike</div><div class="ubbcode-body">All he needs is a prototype for an architect to draw a schematic. Take the schematic to a patent lawyer ($$$) the blood sucker will research the product and then advise as to whether a patent would be approved or denied based on his opinion and research.

However I have been in this boat before, I work on the side with a contract manufacturer. I will pose the same questions I ask prospective clients in the same position as your family member.

1. Is there a functioning prototype? If not, does he have money to have a functioning prototype built? ($$$)
2. Is there any capital to pay for a patent (5k-25k) and production?

Now you have to take into account that shooting sports is a relatively small industry ergo there is not a huge market for annealing machines. If this product really is the bees knees the best thing would be for him to try and market it to reloading company X (with a Non-disclosure agreement) before he even consults a patent lawyer. The reason for this is they (company x) will have most likely seen more than one design and know whether yours is "special" or not. Also they will either express interest or not. If they express interest and want to take over the marketing of the product THEN you get the patent because you know you have someone to market on your behalf. However before you even get this far make sure to have you manufacturing lined out with pricing (your cost and retail) obviously company X will want a piece of the pie and I almost guarantee that your retail will be significantly higher that what they think it would sell for so be conservative.

Ideas are what make millionaires.

PM me if you have any other specific questions, I have had a long day and I am sure I have left something I would normally address. </div></div>

Mike, thanks for the insightful advice. I dont have any irons in that fire at the time but will keep your info for future reference.
 
Re: Getting a patent on annealing machine

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: rogue308</div><div class="ubbcode-body">Anyway he was wondering how he should go about patenting this idea. I know absolutely nothing about it so I figured I would ask here. Thanks for the help guys. </div></div>

I'm currently going to school to become a patent attorney. That being said, shut-up and hire (at least inquire with) a patent attorney.

Side note: Annealing machines are becoming as common as perpetual motion machines, so you're going to have to have something really "new" to not infringe upon another patent and that's not limited to just "annealing" machines, for example your drive mechanism may already be "owned" by a coke machine company etc...
 
Re: Getting a patent on annealing machine

Bro
unless its an induction type machine ie no flame, that mounts to press like standard die and you simply run case like you where resizing, simple cut off to prevent over temp unless press is recycled?
Losing proposition
Oops there went that idea
 
Re: Getting a patent on annealing machine

Giraud has a new one. Cant see how you would beat it. And I have never annealed before ever. Simple design and it will hold a crap load of brass.
 
Re: Getting a patent on annealing machine

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Jedi</div><div class="ubbcode-body">Bro
unless its an induction type machine ie no flame, that mounts to press like standard die and you simply run case like you where resizing, simple cut off to prevent over temp unless press is recycled?
Losing proposition
Oops there went that idea
</div></div>

Even induction heating annealing has "prior art" and would not be patentable as a whole. Now if you came up with some fancy holder method, or a unique way to measure case temperature, those sorts of things could be patentable. But the larger "case annealing" likely isn't.

Eric
 
Re: Getting a patent on annealing machine

Patents are worthless in this situation. All someone has to do is make one of his parts square instead of round to get around the patent. He can go after the person, but he would have to take him to court to defend his patent. Based on this being a relatively small production item, it isnt worth it, and I bet that he wont have the money to sue someone for patent violation.

I own a company, and instead of getting a patent for our products, we invested the money into marketing and providing the best product with outstanding customer service. The only reason someone would try to trump your product is either because it sucks, or they cant buy it, or you are a PIA to deal with.

The product name and company reputation can be worth a LOT more than the patent.... My advice is to crank them out, get them on the market and charge a fair price.

P.S. Someone has already invented the annealing machine, so its no big deal.
 
Re: Getting a patent on annealing machine

As superbee said, one has to be willing to defend a patent. What sucks now in at least my industry is that companies are coming out of the wood work in China, knock off the product, sell in the US. We go after the companies in the US, they fold shop and start under a new name and the game starts all over again and again. It takes money to defend a patent. Be prepared
 
Re: Getting a patent on annealing machine

If he really really wants to protect his idea he can do a <span style="font-weight: bold">provisional</span> patent himself. He needs to draw it up in as much detail as possible, explain how it works in as much detail as possible. Compile that with any pictures of working prototypes (proving first to function) and throw in a copy of his inventors log book to put a stake in the ground for development dates. No one at the patent office opens this unless it is used for a patent application.

Send this form and $110 bucks and you have one year to prove marketability or to sell the IP. Use a non disclosure agreement with all commercial corespondents and keep records and notes of who you talk to.

You can do nothing with the above protection until you turn it into a utility patent. Then all you can do is tell someone to cease and desist with the help of a lawyer. Most simple products do not have the technological innovation to warrant the cost of patents. Free Patents Online is a good source to look at to find out if you are innovative. Patents are only good for 21 years so don't spend time digging to deep.

If it is a good product strong marketing and a good trademark will work well also.

I have a few patents, this is what I learned for $22,000. Now I write most of my own unless I think it has high value or the technology can be translated into other industries.