Has anyone got a patent on something

yukon cornelius · March 19, 2015, 11:08:10 PM

I always have ideas, some good some not so good. I have one now that I would like to try to patent. I have seen some patent help websites but I was afraid to trust them. If there was ever a place to get good advice this is the place to ask. Thanks

Den Socling · March 19, 2015, 11:14:44 PM

They take big money to get, maintain and defend.

beenthere · March 19, 2015, 11:19:43 PM

It will cost you a lot of money to hire a patent attorney, pay them good money to pursue a patent as they have to check out all the claims you make in your patent and be fairly sure that someone else doesn't have a claim that yours will infringe upon.
Once you get a patent (if it ever happens) then you will be faced with protecting that patent.

It is not a pleasant or enjoyable road to go down.

As Den summarized well.

Southside · March 19, 2015, 11:27:16 PM

I own one - don't have the money to put the item into production, which is another story. At the time the University system had a program that helped with patents, they had attys who did the research for you and helped get the paperwork submitted, the research was free, the submission paperwork was not too bad. The reality that I need about $1 million in cash invested to make it fly - well that along with 2008 put the brakes on things. It is a machine that appeals to a pretty small, but expensive market so infringement has not been a problem for me. Maybe one day.

yukon cornelius · March 19, 2015, 11:53:56 PM

So if you had an item that would "CHANGE THE WORLD" or at least be handy for some people....would you just try to go into production and hope too many others don't copy you. Even with a patent others can still make a change and make them anyway.

clearcut · March 20, 2015, 12:31:24 AM

For self-help legal advice, I often refer to books by Nolo Press. They have a few articles online and of course books for sale.

http://www.nolo.com/legal-encyclopedia/patent-copyright-trademark

I have always found their books to be readable and accurate, though I cannot speak specifically to the patent titles. Even if you need to go through an attorney, they will give you good idea about the process.

You can begin your own patent search using Google:

http://www.google.com/patents

Best of luck with your idea!

Ron Wenrich · March 20, 2015, 06:04:15 AM

The sites that say they will help you get a patent are pretty much money pits. Basically, they give you information that you could look up on your own.

I've known several people that have patents, but they are usually through the company they work for. The company has the staff to take care of things.

Expense is relative to how much money you have. What is expensive for one person, another may think it's not so bad. From what I've read, cost is dependent on how complex the idea is. If it is something like a new type of paper clip, then the costs are relatively low. If it is a new piece of equipment, the costs may be pretty high.

For a "Change the world" type of invention, I'd run it past a patent attorney. They would be able to tell you real world number, and whether you have any merit to your invention. I did run into one guy that had a new style profile for making log cabins he wanted to patent. The patent attorney told him to forget it, because all anyone had to do was to change the dimensions a bit and sidestep his patent. Seems that the first step would be to find a competent patent attorney.

Another approach would be to find a company that is working in the kind of business of your idea. You might be able to sell them your idea and earn a royalty. You just can't give them too much information so that they steal it. An attorney would also help in this area.

mrector · March 20, 2015, 06:45:04 AM

Do a poor mans patent.. I dont know if they work but I have a few. Just do your whole idea with pictures and everything. Put in good envelope and go to post office and mail it to yourself. Trick is not to open it once delivered. Put it in fire/water proof safe. With federal dating on letter ive heard itll stand up in court.
Mikey

4x4American · March 20, 2015, 07:37:02 AM

^^^ I'd mail like 10 copies to different places

florida · March 20, 2015, 08:27:54 AM

Basically all a patent does is give you legal standing to sue infringers. If you don't have the money to hire attorneys a patent is pretty worthless. Also, you can have a patent but if someone else comes along with proof that they invented the same thing before you did your patent will be awarded to them. The other issue is manufacturing and marketing. Unless you have the ability to do both your patent is just a piece of paper.

21incher · March 20, 2015, 09:07:11 AM

Try and get on Shark Tank. If they like your idea it will get to market real fast. I am part of a team that holds a patent on a device used to cool the human body during heart surgery. It is done using thermoelectric devices to control the temp of a catheter inserted in the aorta vein. All I can say is it cost the company quite a bit of money to obtain the 13 US and European patents plus they took several years to be issued. The hardest part of obtaining a patent is proving that it is a unique idea. I would be wary of any service that claims they will help you for free, because it will most likely cost you big time in the future.

NWP · March 20, 2015, 09:13:02 AM

I work with a guy that has a couple of patents. He's gotten hooked up with someone that has gotten some sample pieces made in China. His patents are the kind of things are "As seen on TV". Cheap stuff but if you sell a large volume for 2-3 years you can make good $$. I'll ask what process he used to obtain the patents.

Brucer · March 22, 2015, 01:46:05 AM

Contrary to what many people think, the patent system isn't intended to protect the inventor -- it's intended to disseminate new ideas to the public. In return for you disclosing your invention through the patent system, you will be granted a period of time in which you have exclusive rights to your invention (otherwise, why would you want to tell people about it).

The system is designed to encourage you to get your idea out into the market. You're charged a fee for the initial application, and every 4 years after that you have to pay a maintenance fee (which increases each time). If you don't want to waste your money, you either have to market your invention, or sell someone else the right to use it.

Beware of some of the preceding suggestions. The US used to grant a patent to the first to invent something., but two years ago got in line with the rest of the world. The US now grants a patent to the first person to file a patent.

This has serious implications to the inventor who sits on an idea, or makes an innovative product without bothering to file a patent. Someone could come along later and file a patent on your idea, and then prevent you from using your own idea.

The US system does have a unique twist, however. If you come up with a concept, and then work diligently trying to turn it into a practical product, you may be able to challenge someone who files a patent on the same thing after you started working on it.

If you come up with an idea, mail it to yourself, and then don't do anything further, you will have no grounds to dispute a patent for the same idea granted to someone else.

Holmes · March 22, 2015, 11:21:20 AM

Brucer great info. I do not understand the last line. Do you mean " no grounds to dispute" or "grounds to dispute "?

terrifictimbersllc · March 23, 2015, 08:32:11 AM

Most direct route would be to find a patent attorney for an initial meeting to show him what you've got. The first consult might be free. I have a friend who is a patent attorney, I'd do the same but expect to pay him if I went through with it.

The value in a patent is to give you the right to practice your invention for a period of 20 years from the date of FILING (not granting) the patent. You can manufacture and sell your invention, or you can sell the patent to someone else to do the same, or you can sell your patent to someone else who starts infringing it, and can't continue to do so without buying or renting it from you.

Educating yourself about patents, good suggestions above, is invaluable regardless.

Here's one overview from MIT, you can find a lot of info online and in books. http://web.mit.edu/tlo/www/community/preserving_patent_rights.html

I'd also recommend looking in patent databases for ISSUED US patents (7 digit number, as opposed to an application) of the general type of invention you think you have, which might serve as a guide for writing your invention, (tool, machine, contraption, computer, software, drug etc).

You must have made an invention to get a patent. An invention is "a novel idea, reduced to practice". Novel means it is not commonly known or "published" anywhere, "reduced to practice" means that you have provided "enabling" knowledge about how to make and use your invention. A hundred years ago, be working models were submitted to the patent office as enabling knowledge, but now you can describe this enabling knowledge in writing. But your description has to be good enough to allow one with "ordinary skill in the art" to "practice" or perform your invention, or your patent may be not issued or invalid. The mo st common rejection from the patent office about your application might be that some aspect of it is "obvious" (patent office will cite reference matter to back this opinion), but if it is indeed novel, you can often still successfully argue and overcome this, after all you probably know a lot more than the examiner about it. The invention also has to have "utility", or usefulness, and you have to exemplify this.

You can also patent a novel use for something that is already known. This is commonly referred to as a "use" patent.

NWP · March 23, 2015, 09:30:09 PM

http://www.uspto.gov/patents-getting-started/general-information-concerning-patents

Here is some FAQs straight from the patent office.

Brucer · March 23, 2015, 10:49:43 PM

Quote from: Holmes on March 22, 2015, 11:21:20 AM
... Do you mean " no grounds to dispute" or "grounds to dispute "?

My wording was correct. It isn't enough to show that you came up with the idea first. You must also have been working diligently to turn your idea into something that can be made or used ("reduced to practice").

Prior to the change to US patent law, there was a growing amount of abuse of the system. A few companies made it a practice to "self register" patentable ideas (e.g., mail it to themselves) and then sit on the ideas -- until someone else came up with the same idea and spent the time and money to make it a useful product. Then the predatory company would suddenly show up, showing proof that they had the idea first and demanding huge royalties.

As long as you are trying to turn your idea into something practical (and can prove it), you have a certain amount of protection against someone else who files first.

jueston · March 24, 2015, 02:48:39 PM

my mother works at a large company which tries to patent everything they think might even possibly be patent-able, because most large corporations make a large portion of there income off lawsuits these days and a large source for lawsuits is patent infringement.

according to her(i don't know anything on the topic) after you file for the patent, your idea is out there for anyone to see and use for about 2 years before its final and enforceable, by the end of those 2 years there could be a factory in china making millions of your inventions a year, and the only way to stop them is to sue and even after that, you will only be able to stop them in the US, unless your going to try and sue them in every country they import into.

reswire · March 24, 2015, 09:50:16 PM

Quote from: mrector on March 20, 2015, 06:45:04 AM
Do a poor mans patent.. I dont know if they work but I have a few. Just do your whole idea with pictures and everything. Put in good envelope and go to post office and mail it to yourself. Trick is not to open it once delivered. Put it in fire/water proof safe. With federal dating on letter ive heard itll stand up in court.
Mikey

My cousin is a musician in Nashville. He told me the same thing, and he says it does hold up in court. Song writers have been doing it for decades, and so far it has held up.

sawdust · March 24, 2015, 10:03:14 PM

There is a huge difference between patent and copyright. Music is copyright.

Depends on what you want the patent for, change the world or change the world and try to make money doing it. A patent once applied for gives you the right for 20 years from date of application to legally challenge anyone trying to infringe on your idea. Thats all it does.

Mailing yourself your ideas does nothing as far as patent goes. If you have a process you wish to protect that is slightly different again.

If you have manufactured and sold your item then it is already public domain and you cannot patent it.

If you are granted a patent your name will forever be the grantee but you can sell or licence the intellectual property to someone else.

The first thing would suggest to someone wanting to apply for a patent is to learn how to search the uspto and also the european patent system. Search for months using every possible angle you can think of.
What ever you may have come up with may have been previously protected and never manufactured, just to keep it off the market.

I may sound a bit jaded. I have an expensive education....

David

kensfarm · March 24, 2015, 10:26:24 PM

BOEING just got a patent on a laser plasma shield. It shields vehicles against the shockwave damage a bomb can produce. Very cool stuff.

ozarkgem · March 25, 2015, 06:50:45 AM

Just discussing this with a customer yesterday. He has a patent. 40 grand it cost him. Larry if you some ideas just put them into production and sell them. If they are a grand slam they will be copied and you will spend a fortune defending the patent. By the time you get the patent and defend it you could have sold a bunch and made some money without the hassle. That is the way I did it.

yukon cornelius · March 25, 2015, 09:21:03 AM

Thanks for all the advice. I have been making a one (mysterious item) to try out. I don't want to seem stingy or not want to share by getting a patent, or seem conceited in the idea my idea is SO awesome. I would just like to maybe make some money on a product I have never seen before. I think it will be a useful product. If it works like I think, I will show you guys. If it is a complete failure it will drift out to the scrap pile like nothing ever happened. ;D