duckhunt
Well-known member
My dad has had an idea for a new piece of gear for a few years. Has anyone ever put a patent on an idea? This is going to big a big learning experience.
How to patent an idea?
- Thread starter duckhunt
- Start date
Zach
Well-known member
Find a good patent attorney.
WapitiBob
Well-known member
You can file provisional patent thru the patent office that is good for 1 year, then you need to apply for a full patent.
Eventually This^^^
You can search patents in some detail on the Patent Office website (https://www.uspto.gov/) to get an idea first, but at some point you'll want a patent attorney if you ever plan to commercialize.
duckhunt
Well-known member
Thanks for the info. Going to start with the attorney.
I hired a patent attorney for a collapsible camp stove. Retainer... 10k.
Approx 5 hrs (325$ hr) it was discovered Coleman has an oven that collapses via hinged setting. During this process, i came across a guy w/ a pretty similar design. He was more dialed in... though he did not hold a patent. In the end, my "stove" would not fly w/ Coleman's oven. Meh, saved $$$ in the long run.
The point? Do as much research for similar items as possible. It will save you $.
Research before attorney. Nothing found similar? Then attorney. Your time is much less $ per hr (well my time is much less) than a quality patent attorney.
Approx 5 hrs (325$ hr) it was discovered Coleman has an oven that collapses via hinged setting. During this process, i came across a guy w/ a pretty similar design. He was more dialed in... though he did not hold a patent. In the end, my "stove" would not fly w/ Coleman's oven. Meh, saved $$$ in the long run.
The point? Do as much research for similar items as possible. It will save you $.
Research before attorney. Nothing found similar? Then attorney. Your time is much less $ per hr (well my time is much less) than a quality patent attorney.
ssssnake529
New member
- Joined
- Sep 28, 2016
- Messages
- 92
All patents are for ideas.
In order to be patentable, the invention must be new. You can't patent something that is already known (even if it's just described somewhere.)
It can't be an obvious variation of an existing thing.
It needs to have some usefulness.
You don't need a working prototype, however the patent application needs to have enough detail that a skilled person who reads the patent will know how to make it.
In order to be patentable, the invention must be new. You can't patent something that is already known (even if it's just described somewhere.)
It can't be an obvious variation of an existing thing.
It needs to have some usefulness.
You don't need a working prototype, however the patent application needs to have enough detail that a skilled person who reads the patent will know how to make it.
WapitiBob
Well-known member
I created an adjustable load lifter attachment for Mystery Ranch Nice frames in 2009 and was given a provisional patent, after several versions, in 2010. I showed the panel numerous times on multiple forums over that time period. Both Mystery Ranch and Oneiros Valley made versions of that panel in 2012, two years after I showed mine. I chose not to patent the panel and was contacted by Oneiros, asking if they could include my provisional patent info in their patent application process.
Oneiros Valley was awarded a Patent for that adjustable load lifter panel and the Patent cites my prior art. They are functionally identical (adjustable height and the transference of weight from the lifters to the frame); the Oneiros Valley Gen II being lighter and "cleaner" than mine.
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duckhunt
Well-known member
Great info guys. Thanks
RobG
Well-known member
Yes, but I had been involved with several written by lawyers so I had experience going into it. Doing a crappy one is easy. Writing strong claims is an art. Doing a strong one on your own will require a lot of study. Funny enough as soon as I had mine 95% written I got a contract and it got put on the back burner until the time limit expired. Oh well, it was an ego patent since companies aren't generally interested in licensing a patent unless it is earth shattering.
As mentioned you can file a provisional patent. Before the American Invents Act you could wait until after a year of disclosing your idea, then you had another year to submit the real patent (even so I was advised to get an NDA in place before disclosing it). I'm not sure how the AIA changed all that so be careful about disclosing it.
Google patent search was the most useful for finding "prior art" when I tried one on my own. The USPTO may be better by now. Unless you are using new technology whatever your idea is it was probably been done by the 50s
A well written patent by an attorney can run $5k-20k or more, then they often get bounced by the PTO and you have to have the lawyer fix it, which costs more money.
Some other links I must have found useful since I bookmarked them:
https://www.thoughtco.com/how-to-file-for-a-utility-patent-p2-1992300
https://www.thoughtco.com/writing-patent-claims-tips-1992251
http://www.bpmlegal.com/pat.html
My brother in law does them if you get serious.
As mentioned you can file a provisional patent. Before the American Invents Act you could wait until after a year of disclosing your idea, then you had another year to submit the real patent (even so I was advised to get an NDA in place before disclosing it). I'm not sure how the AIA changed all that so be careful about disclosing it.
Google patent search was the most useful for finding "prior art" when I tried one on my own. The USPTO may be better by now. Unless you are using new technology whatever your idea is it was probably been done by the 50s
A well written patent by an attorney can run $5k-20k or more, then they often get bounced by the PTO and you have to have the lawyer fix it, which costs more money.
Some other links I must have found useful since I bookmarked them:
https://www.thoughtco.com/how-to-file-for-a-utility-patent-p2-1992300
https://www.thoughtco.com/writing-patent-claims-tips-1992251
http://www.bpmlegal.com/pat.html
My brother in law does them if you get serious.
Gellar
Well-known member
Are you trying to get a patent on a way to keep the water in the Big Muddy at normal level? Back up to near flood stage in Lynxville this morning.
Flatland Crusoe
Member
- Joined
- Oct 7, 2014
- Messages
- 572
I have a patent pending from work that was granted provisional in August 2014 and filed to be a full patent in August 2015 with a typical wait time of around 20-24 months. As mentioned getting a patent isn't as bad as the legal wranglings after the fact. My engineering manager while I was at that job often testified once a month on the various infringement suits we had against others and against us and the games played often involved scheduled hearings on Monday mornings where they would settle out of court at 9 pm on Sunday night. Lawsuits were won and lost on technicalities that often had little to do with actual intellectual property infringement. We would have biannual meetings with the patent lawyers where they would tell us all the things not to write in emails so we would minimize our exposure. The process was pretty cool since my money was never involved, but I would never do it on my own.
