Members chemikool Posted April 11, 2012 Members Share Posted April 11, 2012 Hello everyone! I wasn't sure if this would be the right place, but I'm certain this forum has more than a few people that have patents. I'm new to this kind of thing, and don't really know where to go or who to ask about my idea. I have a "million-dollar-idea" that I do not see represented in the market. ---NO--- I'm not going to say it here What steps should I take to ensure that I benefit from my idea? I also believe the larger manufacturers WILL eventually hit on my idea; but I've neither seen nor heard anything related, so time may be a factor. Thanks in advance for any assistance! Link to comment Share on other sites More sharing options...
Members Rezrover Posted April 11, 2012 Members Share Posted April 11, 2012 There's already a patent on it. Link to comment Share on other sites More sharing options...
Members Axisplayer Posted April 11, 2012 Members Share Posted April 11, 2012 See a Patent attorney. Yes, it is expensive. Do not share it with anyone for any reason. That event will cause a stat-bar (statutory bar). A stat-bar gives you one year to file a Patent or a provisional filing. First person to file an application will be the Patent holder if the idea merits and earns one. PTO (patent and trademark office) goes by the filing date. After it is filed, it can take several years for the Patent to issue. (Thats why easy hum buckers were called PAFs : Patent Applied For.) Good luck. DISCLAIMER: I am not a patent attorney and this is not legal advice. I have worked with a federal patent attorney office for the last 17 years though. Link to comment Share on other sites More sharing options...
Members chemikool Posted April 11, 2012 Author Members Share Posted April 11, 2012 Axis - Thanks! Spot on! I have an appointment with my attorney (he's not a patent guy though) next week. I plan on asking him who I should talk to about it. Rez - Possibly! But regret in this case would be very costly! Link to comment Share on other sites More sharing options...
Members chemikool Posted April 11, 2012 Author Members Share Posted April 11, 2012 Anybody else having the SLOWEST MOST BORING day at work besides me? Link to comment Share on other sites More sharing options...
Members Mutha Goose Posted April 11, 2012 Members Share Posted April 11, 2012 Remember, a patent is only as good as your ability to fight for it. It provides no protection for those without the money to enforce it (unfortunate reality). Link to comment Share on other sites More sharing options...
Members chemikool Posted April 11, 2012 Author Members Share Posted April 11, 2012 Goose - Great point and I completely agree! One of my best buddies is a lawyer...and we've had discussions. I know he would go to bat for me, regardless of the price. I would replace "money" with "means" in your sentence. While I'm not a rich man, in this case I would have the means to fight for my patent(s) should it come to that. Link to comment Share on other sites More sharing options...
Members RoadRanger Posted April 11, 2012 Members Share Posted April 11, 2012 Remember, a patent is only as good as your ability to fight for it. It provides no protection for those without the money to enforce it (unfortunate reality).You forgot to mention time too. A corporation - being immortal - can delay things for years and years. You could well be dead before getting satisfaction in court . Link to comment Share on other sites More sharing options...
Members Telecruiser Posted April 11, 2012 Members Share Posted April 11, 2012 Remember, a patent is only as good as your ability to fight for it. It provides no protection for those without the money to enforce it (unfortunate reality). This is so true. BTW, the patent law requires you to defend your patent. If you do not it becomes public domain. Link to comment Share on other sites More sharing options...
Members trevcda Posted April 11, 2012 Members Share Posted April 11, 2012 Ask me how I know all of this. I smell a good (and informative) story a-brewin'. Inquiring minds want to know! Link to comment Share on other sites More sharing options...
Members Telecruiser Posted April 11, 2012 Members Share Posted April 11, 2012 I smell a good (and informative) story a-brewin'. Inquiring minds want to know! I have my own product line with the center piece being a patented ball swivel work positioner (www.pivotlok.com). I thought if I had something that no one else was making the world would beat a path to my door. I was wrong. I forgot that you have to figure out a way to tell the world about it. I spent a lot of money setting up a CNC machine shop, getting my CAD and CAM systems etc. etc.. I also needed money to live on so that soaked up a lot. Once I got the product completed a fully tested I was broke and was living from one month to the next. It has been that way for 7 years. I never had the resources to get into the trade show circuit or advertise in the trade journals. I did some press releases and have a website. I occasionally get some orders but they are few and far between. One thing I can say is that when a company buys one they always come back for more but that is not enough to sustain me by itself. When I hear of people getting all fired up about their new idea I tell them before you spend a load of money on patents etc. sit down and figure out how you are going to sell it FIRST!!! Otherwise you are just jerking yourself off. There are only two reasons you do anything and that is either for fun or for money. If you want to make money figure out how you are going to sell it. I didn't do that and without any investment money it is just an idea on the shelf. Link to comment Share on other sites More sharing options...
Members fdew Posted April 11, 2012 Members Share Posted April 11, 2012 Telecruiser speaks some important truths. Ideas are great, What is more important then great ideas is marketing. If you build a better mouse trap the world will NOT beat a path to your door. The next hurdle is that many things have been patented but never produced so you don't know the are already patented. Often you never heard of them because they were not marketed well. With time you can learn to do a patent search. To obtane a patent your idea must be non obvious. That is, a expert in the correct field would not be expected to think it up on his own. This is the one that usually keeps engineers from applying but is the least likely to be a problem. It must be unique. If something similar has been patented then you still may be able to get a more narrow patent. Example, The light bulb is taken, The fluorescent light bulb is taken. If you can convert electricity to light using old cheese and tweeters then you have a narrow path for a patent on that type of light bulb. To help protect yourself as you proceed get a blank bound book (Like a journal or a lab notebook.) Describe your idea, draw diagrams if needed, then explain it to a trusted witness. Sign and date your work, and have the witness sign it. This is only an aid in proving it was your idea and when you thought it up but it is a standard and is why companies require research engineers to carry and use lab notebooks. I have a few patents. All but one are assigned to other companies. None have made anyone rich. Link to comment Share on other sites More sharing options...
Members agedhorse Posted April 11, 2012 Members Share Posted April 11, 2012 I also have a patent (in the audio field), there is no doubt in my mind that a good patent atty. is a necessity rather than optional. If you don't have experience navigating the system, your chances are that much slimmer. Link to comment Share on other sites More sharing options...
Members formula428 Posted April 12, 2012 Members Share Posted April 12, 2012 Interesting thread -- I actually have been working on an idea the last few weeks and kicked around getting a patent for it. I'm about 85% certain I could sell it off to the respective industry. I'm in the process right now of getting some prototypes made. Does anyone have estimated costs on the entire patent process -- attorney, fees, etc? Link to comment Share on other sites More sharing options...
Members dboomer Posted April 12, 2012 Members Share Posted April 12, 2012 There's already a patent on it. Probably meant to be a joke ... but don't be disappointed if you pitch your idea only to find out that it has already been in development somewhere. I can remember people sleeping in their cars for a few days to pitch their ideas only to see a file full of drawings from the R&D department when they finally got to present it. There are two very important things that you have to remember about developing a new product. First is coming up with the product itself and secondly, being able to deliver it at a price that enough people are willing to pay for you to produce it and make a business of it. No one is willing to spend $1000 for what they perceive as a $100 problem. But good luck to you, I hope it is revolutionary. If it is ... call me;) Link to comment Share on other sites More sharing options...
Members Telecruiser Posted April 12, 2012 Members Share Posted April 12, 2012 Does anyone have estimated costs on the entire patent process -- attorney, fees, etc? Depends on the product, it's complexity and the amount of work it takes by the attorney to do what he/she thinks will properly protect it. Most of the time I believe the money would be better spent getting it to the market ASAP and establishing a name for it rather than spending the money on attorney's. As has been said, defending a patent is an expensive process. Attorney's don't take these cases on contingency. Plus there is all the money to prepare to go to court such as expert witnesses, research etc. etc.. Most patent defense attorney's get a $50K min. retainer right up front to get started. Something to think about. Link to comment Share on other sites More sharing options...
Members agedhorse Posted April 12, 2012 Members Share Posted April 12, 2012 Probably meant to be a joke ... but don't be disappointed if you pitch your idea only to find out that it has already been in development somewhere. I can remember people sleeping in their cars for a few days to pitch their ideas only to see a file full of drawings from the R&D department when they finally got to present it.There are two very important things that you have to remember about developing a new product. First is coming up with the product itself and secondly, being able to deliver it at a price that enough people are willing to pay for you to produce it and make a business of it. No one is willing to spend $1000 for what they perceive as a $100 problem.But good luck to you, I hope it is revolutionary. If it is ... call me;) Good info IMO. Link to comment Share on other sites More sharing options...
Members Rezrover Posted April 12, 2012 Members Share Posted April 12, 2012 Probably meant to be a joke ... but don't be disappointed if you pitch your idea only to find out that it has already been in development somewhere. I can remember people sleeping in their cars for a few days to pitch their ideas only to see a file full of drawings from the R&D department when they finally got to present it. It was, sort of. Basically what you said, there's probably already something similar to the proposed idea even though it might be a good idea. Link to comment Share on other sites More sharing options...
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