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Started By
Message
Does anyone have experience with applying for a patent?
Posted on 6/24/14 at 10:40 am
Posted on 6/24/14 at 10:40 am
I am looking for some help/advice before I start the formal process
Posted on 6/24/14 at 10:44 am to tigertail34
Yes. And, don't get your feelings hurt here, 90% of people who think they need a patent don't or their "invention" isn't eligible.
But don't worry, there are plenty of people who will take your money and string you along before they tell you that.
First thing to ask yourself, is this item going to make you PROFITS of tens of thousands of dollars? Because if it isn't, you don't need to even get started.
But don't worry, there are plenty of people who will take your money and string you along before they tell you that.
First thing to ask yourself, is this item going to make you PROFITS of tens of thousands of dollars? Because if it isn't, you don't need to even get started.
Posted on 6/24/14 at 10:46 am to tigertail34
You will likely need a patent attorney.
Posted on 6/24/14 at 10:49 am to tigertail34
That butt plug/ball massager you made has already been patented.
Posted on 6/24/14 at 11:09 am to tigertail34
I have been researching and talking to patent attorneys for months about patenting one of my company's products but it is extremely easy to get around a patent so if someone really wanted to copy you it normally isn't that hard. And it costs anywhere from 6-10 gran...
Posted on 6/24/14 at 11:34 am to HuntFishMan
I have made a new item that is so easy to make and copy with a $2 trip to home depot...it is not offered yet and if I sell a few, people will begin making their own
This post was edited on 6/24/14 at 11:36 am
Posted on 6/24/14 at 11:40 am to tigertail34
So you just answered your own question. You don't need a patent. What are you going to do? Hunt down and sue everyone who copies your product with $2 of materials from Home Depot? No. If it is cool, make a bunch, market the hell out of it and hope that people like it so much they would rather buy it than make it.
Posted on 6/24/14 at 11:40 am to tigertail34
I don't know what you designed but I'd get in touch with a good patent attorney for some advice.
This post was edited on 6/24/14 at 11:41 am
Posted on 6/24/14 at 11:49 am to HuntFishMan
quote:
I have been researching and talking to patent attorneys for months about patenting one of my company's products but it is extremely easy to get around a patent so if someone really wanted to copy you it normally isn't that hard. And it costs anywhere from 6-10 gran...
Yep. Even in the chem industry, one of the last bastions of patents, it's usually not worth the cost unless you're a huge pharm company with an army of lawyers.
Posted on 6/24/14 at 12:54 pm to tigertail34
Disclaimer: I'm not a patent attorney. I've just been involved in a minimal amount of licensing negotiations.
Outside of the costs of an attorney, there are a fairly substantial amount of fees involved just for filing the patent and having it examined. Those costs could go up if your patent qualifies for a divisional patent (multiple patentable concepts within one application).
If you obtain a patent, you will still have to pay maintenance fees to keep it. They vary depending on the size of the entity that owns the patent. There are up to three payments that are scheduled during the lifetime of the patent (3.5 years, 7.5 years, and 11.5 years - I think). They begin around $400, and they can be up to $7,500 or so for the last fee. Those figures go up if the payments are late.
Even then, you will only have a patent in the U.S. You have a short grace period to file patents in other countries. That's also expensive. There are groups in China and other countries that comb through U.S. patents so they can use any new ones with merit. There is also a computer program designed to find a way to supplant a patent or obtain a superior one based off of an existing patent.
There is no way to calculate how much it could cost to enforce a patent.
If you have an invention that could make money, there will be plenty of people who will try to steal it from you. Be careful who you disclose it to. If your patent hasn't issued, a company could file something like it and create an interference. Then they can basically outspend you in legal fees until you give in and settle.
It is extraordinarily difficult to make money as an inventor, but it isn't impossible. What I said sounds discouraging, but it's only meant as a warning. Best of luck whatever you decide to do.
Outside of the costs of an attorney, there are a fairly substantial amount of fees involved just for filing the patent and having it examined. Those costs could go up if your patent qualifies for a divisional patent (multiple patentable concepts within one application).
If you obtain a patent, you will still have to pay maintenance fees to keep it. They vary depending on the size of the entity that owns the patent. There are up to three payments that are scheduled during the lifetime of the patent (3.5 years, 7.5 years, and 11.5 years - I think). They begin around $400, and they can be up to $7,500 or so for the last fee. Those figures go up if the payments are late.
Even then, you will only have a patent in the U.S. You have a short grace period to file patents in other countries. That's also expensive. There are groups in China and other countries that comb through U.S. patents so they can use any new ones with merit. There is also a computer program designed to find a way to supplant a patent or obtain a superior one based off of an existing patent.
There is no way to calculate how much it could cost to enforce a patent.
If you have an invention that could make money, there will be plenty of people who will try to steal it from you. Be careful who you disclose it to. If your patent hasn't issued, a company could file something like it and create an interference. Then they can basically outspend you in legal fees until you give in and settle.
It is extraordinarily difficult to make money as an inventor, but it isn't impossible. What I said sounds discouraging, but it's only meant as a warning. Best of luck whatever you decide to do.
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