What do you know about Patents?

[Topflight]

I have an idea that I think could make me a lot of money. The problem is I know nothing about the patent process, and I can't actually build the product myself. It can be built, and easily. I just can't do it.

Can I get a patent without actually making the thing. And then where do I go from there?

[Patrick del Poker Grande]

I hope you've got some serious cash - that's all I've got to say.

[Oski]

If you just want to preserve your right to your idea, consider getting a provisional patent. A full patent will cost thousands of dollars, which may be too steep if you are not sure about whether the idea can be built, etc.

A provisional patent, essentially preserves your place in line for the patent. The U.S. Patent Office will stamp your packet and basically throw it in a drawer, never to be seen again. You will be sent a provisional.

The provisional does not mean you are first, by the way. When you apply for a full patent, the Office will do a patent search and determine whether you have a legitimate claim to your idea. If so, eventually (usually you have to make quite a few changes to your submission) can get the patent. This process costs thousands of dollars if done by a patent lawyer.

The provisional is not checked to see if you will be entitled to the full patent. You should try to make that determination yourself by doing a patent search.

Once you obtain the provisional, you can feel safer when it comes time to drum up interest in your idea. It will already be protected because your "place in line" is secured by your provisional.

With all that said, if you think you have a legitimate shot of having a money maker, DON'T SCREW AROUND ... go to a reputable patent lawyer or firm.

[elwoodblues]

Solid advice.

[ThaSaltCracka]

I don't think you need to make it, but I do believe you need detailed drawings of it, and if it is similar to another patent, you need to specify why it is different or improved.

Def go see a patent attorney though.

[Leo99]

And don't just patent your exact idea. Patent other ideas you think someone would use to steal, I mean circumvent, your original patent. When I worked in cancer research we used to patent all kinds of ways to make different molecules we thought would be therepeutic. Sometimes you patented things just to get a piece of the pie from someone else's work. If hypothetically, things worked out for you, then you might sell your patent or license your patent to another company. Often times another company will just roll with your idea and let you sue them while they fight that your patent is unenforcable. Just because the patent office gives you the patent doesn't make the patent enforceable. For example, if someone takes your idea and improves it, the courts may give you a certain per centage of the stealer's revenue. If they improved your idea a lot, you might only get a small per centage for yourself. TSC has good advice. Look at some other patents for things in your general area and see how they're worded.

[Macdaddy Warsaw]

So...uh...What's the idea? PM me if you want. [img]/images/graemlins/smile.gif[/img]

Goddamn, I'm curious as all get out.

[Mano]

I think there is a prominent poster who used to be a patent attorney. Might want to shoot this his way.

[Gamblor]

There's a poster here who used to be a patent attorney, maybe you've heard of him.

[OrangeHeat]

I have a couple patents pending right now and have been through the loop.

Some advice:

1. You don't have to build it - Your patenting an idea, concept, process, etc...

2. Write down your concept, make drawings, etc... and bring them to a good Patent Attorney. I have seen the paperwork and red tape - you don't want to tackle it yourself. Mainly because it is expensive to file and if you mess it up - it is expensive to fix.

3. Someone else mentioned this - but is very important. Make sure you not only submit your idea, but also submit all the possible variations on it that you can think of. When the attorney lists you claims they will use lots of stuff like " the xxx in claim 1 can made with yyyy or comperable DDD", " it is conceivable that FFF could be done with UUUU" you get the point.

4. The first thing my attorney did was to do patent searches for similar things. You can do some preliminary work yourself at USPTO.gov, but the professionals are best at this. Also keep in mind that even though your exact invention may not be patented, it still may not be valid "if your invention could be obviously developed from a similar patent".

5. If everythings good to go the application gets filed and you wait around for a little over a year.

6. If there are questions or clarifications they will sned back "office actions" for you and your attorney to answer.

7. Now you wait around some more...I am going on a year year at this point......

8. File foreign patent applications - there is one treaty that covers oodles of foreign countries - you attorney can help you out. I was told not to "sell" any of the widgets before this is filed or you will miss out on the protection.

So do a quick search of patents AND applications at USPTO.gov then if you really think you have a winner - retain a good patent attorney.

Orange