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Message
Advice on Getting a Patent
Posted on 7/28/14 at 9:38 am
Posted on 7/28/14 at 9:38 am
Anyone OT'er have any words of wisdom on this or have gone through the process? I've read up on the subject some and everything points to getting a Patent Attorney. But I've also heard of many cases where an individual got a patent without using an attorney.
Also know of someone who used one of the patent companies you see advertised on TV. He basically got screwed out of several thousand dollars.
Also know of someone who used one of the patent companies you see advertised on TV. He basically got screwed out of several thousand dollars.
13
Posted on 7/28/14 at 9:39 am to Darkknight
quote:
everything points to going to the OT.
Posted on 7/28/14 at 9:41 am to Darkknight
Do this:
Don't do anything else.
ROM pricing, about $15K
quote:
getting a Patent Attorney
Don't do anything else.
ROM pricing, about $15K
Posted on 7/28/14 at 9:43 am to Darkknight
While I'm sure you can fill out the forms and applications to patent your idea just fine on your own, I'd imagine a good patent attorney would be able to make your patent application as broad as possible, which would increase the value and protective ability of the patent.
Posted on 7/28/14 at 9:43 am to VetteGuy
From the time you hire an attorney, about how long till you get the patent?
Posted on 7/28/14 at 9:46 am to Darkknight
quote:
Advice on Getting a Patent
quote:
Getting an attorney
Posted on 7/28/14 at 9:49 am to Darkknight
Design something that no man has designed before.
Posted on 7/28/14 at 9:50 am to Darkknight
Let us know when to look for your infomercial.
Posted on 7/28/14 at 9:52 am to Darkknight
Probably get an attorney but also have heard where people have placed their idea/invention paperwork in an envelope, addressed to themselves and mailed. When you get it back it will have the date postmarked on the envelope and just keep it sealed/unopened and put it away until you speak with an attorney.
Posted on 7/28/14 at 9:57 am to Darkknight
I am a patent attorney and have seen many botched patent applications. Your resulting patent is only as good as the coverage you get. There are many pitfalls to the application process.
You should hire an attorney, but it generally won't be cheap. It certainly depends on how complicated your technology. Filing an application for a new fishing lure will be a lot cheaper than filing one for a new chemical process that converts waste into fuel.
ETA: Generally speaking, you only have 1 year to file an application from the time you tell someone about your invention. Also, a new law took effect last year where the first person to file a patent application on an invention wins - previously, the law essentially allowed the first person who conceived of an invention to win, even if they were the second to file an application.
You should hire an attorney, but it generally won't be cheap. It certainly depends on how complicated your technology. Filing an application for a new fishing lure will be a lot cheaper than filing one for a new chemical process that converts waste into fuel.
ETA: Generally speaking, you only have 1 year to file an application from the time you tell someone about your invention. Also, a new law took effect last year where the first person to file a patent application on an invention wins - previously, the law essentially allowed the first person who conceived of an invention to win, even if they were the second to file an application.
This post was edited on 7/28/14 at 10:00 am
Posted on 7/28/14 at 9:59 am to Darkknight
You're gonna need more than one patent unless you want someone to come in and put you out of business
Posted on 7/28/14 at 10:01 am to partsman103
Interesting. This is to protect their idea from being stolen I would assume?
Posted on 7/28/14 at 10:01 am to Darkknight
Depends.
Complexity, research, etc.
They will generally have a no-cost consultation with you. From there, you can decide what you want to do.
Complexity, research, etc.
They will generally have a no-cost consultation with you. From there, you can decide what you want to do.
Posted on 7/28/14 at 10:03 am to TigerinATL
quote:
as broad as possible, which would increase the value and protective ability of the patent.
This also may have the opposite effect.
Posted on 7/28/14 at 10:03 am to Slip Screen
Thanks for the tips. So is it the patent office that actually digs through the millions of existing patents to make sure one doesn't exist already? Or does the attorney do this?
Posted on 7/28/14 at 5:03 pm to Darkknight
quote:
So is it the patent office that actually digs through the millions of existing patents to make sure one doesn't exist already? Or does the attorney do this
The patent examiner does that, but you may want the attorney to do it on the front end. It's really a business decision - the search by the attorney will add $1-1.5K to your cost but if it shows something identical or very close was already patented, you likely just saved the $7-10K it will cost to prepare and file the application itself.
Posted on 7/28/14 at 5:04 pm to Darkknight
LEGAL ZOOM BABY
Posted on 7/28/14 at 5:05 pm to Darkknight
get an IP attorney
Posted on 7/28/14 at 5:26 pm to Carson123987
quote:
get an IP attorney
A good IP attorney in Texas recently quoted me a budgetary range of $9,000 to $15,000 per patent.
Find an attorney who is recommended by people you trust, with lots of experience in relevant technology. The patent attorney who cost me the most in the long run was the guy with the lowest hourly rate.
Know that patents are a lot like "No Trespassing" signs. They could have some value in scaring away a few potential intruders, but you're in for an insanely expensive and risky fight if you ever need to actually defend it.
Posted on 7/28/14 at 5:31 pm to partsman103
quote:
have heard where people have placed their idea/invention paperwork in an envelope, addressed to themselves and mailed. When you get it back it will have the date postmarked on the envelope and just keep it sealed/unopened and put it away until you speak with an attorney.
Poor man's copyright. From what I know, it wouldn't hold up in court.
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