Patent help please :)

[Zen Diving Inc.]

I have designed multiple products with functioning prototypes. Im trying to find the best route to protect my work with the least amount of cash out of pocket. I spoke with a patent attorney today. I was quoted around 10k. I could do a provisional patent, "Pat Pend." for 60%. Im confident in the product, but that doesn't mean everyone else will like it. How can I test the waters and protect myself before committing to 10K...?

 

[3D diver]

The trick used in the IC industry is non-disclosure agreements & only providing samples to customers who sign the NDL. Once you put samples out on the general market it's there for your competitors to copy. Documenting your invention & having that documentation witnessed helps establish the invention date.

 

[Zen Diving Inc.]

This probably sounds crazy but, if I did that via Facebook would that count? Documenting creation date that is. Would I be better served to have the designs and images notarized to serve as a creation date?

 

[dlndavid]

Another thing is to put together a design package and mail it to yourself, registered mail, when you receive it don't open it. It puts a date on when you came up with the idea.
I was awarded a patent while working for a valve manufacturer and that was part of the process.

 

[Glenn08]

Check out Edison Nation.

 

[Akimbo]

Have you done any patent search on your own? Reading through lots of patents gives you an idea of how patentable features are described. Then make your own list and research that. That will also help describe “prior art” that the patent attorney will need.

Count on doubling (or more) of your patent attorney fees by the time it is granted. It is not unusual that key or fundamental features of your idea have been patented, but applied to other industries.

I agree that non-disclosure agreements provide some protection, but only if you can afford to sue and win against violators. Is this something that you plan to produce and sell yourself, try to license (collect royalties), or sell manufacturing rights to?

 

[3D diver]

This probably sounds crazy but, if I did that via Facebook would that count? Documenting creation date that is. Would I be better served to have the designs and images notarized to serve as a creation date?

Facebook is way too public. You want to keep it as secret as possible until the application is submitted.

The common practice where I've worked is to maintain a "patent notebook" where ideas and supporting information are written (in ink), dated, and signed by the inventor and a witness. The signitures don't have to be notorized though it probably wouldn't hurt. The point is to be able to provide physical evidence of when the invention occured and/or establish prior art if someone else attempts to patent the same and/or your idea.

One other thing, as I understand it, you need to continue to pursue and defend your invention/patent. I'm fuzzy on the details, but if you stop pursuing it for a time or fail to say/do anything when you find someone else infringing you can lose some patent rights.

I used to work for a guy who was totally into the patent game.

 

[Svidas]

I am a patent lawyer. Contact me and I will give you more on your options. While some full utility applications cost $10,000, you can file a provisional patent application for far less. I usually recommend reading some related patents and trying to draft your application yourself and then retaining an attorney to give suggestions on changes and additions that may be needed.

Scott Vidas svidas@vaslaw.com, work 952-563-3003 direct.

i always give consultations like this for free to educate inventors about their options.

 

[PeterNBiddle]

I have designed multiple products with functioning prototypes. Im trying to find the best route to protect my work with the least amount of cash out of pocket. I spoke with a patent attorney today. I was quoted around 10k. I could do a provisional patent, "Pat Pend." for 60%. Im confident in the product, but that doesn't mean everyone else will like it. How can I test the waters and protect myself before committing to 10K...?

Dude. For $10K you could probably have a working prototype and do a kick starter for funding to bring it to production. Why patent it at all?

Focus on making it great first. Make something people want.

 

[Lorenzoid]

Dude. For $10K you could probably have a working prototype and do a kick starter for funding to bring it to production. Why patent it at all?

Focus on making it great first. Make something people want.

If you're a fledgling company making "something people want," an established manufacturer is likely going to copy what you're making and take your market share. With a patent, even if you don't have the stomach or wallet to sue the would-be competitor you might be able to sell him the patent or a license under the patent or even partner with him. Without a patent, you simply lose your $10 and Kickstarter money.