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Anyone here ever apply for a Patent on a Invention?

P

PKPunk

Senior member
I was wondering if anyone here has ever tried to get a patent. I'm just curious how much it cost and how long it took. I've looked at a few website and it looks like it could cost 20k in lawyers fees and take a few years to get approved.


Update 12/30/04:
Thanks for all the info. I'm going to start calling around to patent lawyers after the new years.


To add to my question to those who have patents. It's pretty obvious that I have no idea what I'm doing. I'm just a guy with a idea and a working prototype. When you filed for your patent did you already know how you were going to market/sell/license your invention or did you just apply for your patent and then worry about making money off it later. Right now I'm in the latter position. I'm starting to have doubts on whether I should go through with process since I could end up spending 20k on a patent that I won't know how to sell. In anycase I'm still going to consult with a patent lawyer to do the initial work to see if it's something that's patentable, but if it is patentable I'll have no idea how sell it.
 
Depends on what you are patenting....each type of product requires a different type of patent. To do a simple item patent (no electronics, no special features, no special language, no sounds, etc) it can be fairly simple. Add any one of those and it gets complicated.
Overall the 20K in lawyer fees is possible but really all it takes is the processing fees (can be anywhere form a couple hundered to a couple thousand) and time to wait. You gotta remeber that something like 1,000 applications are filed per day so unless yours has earth shattering possibilities it can take a while.
 
Hey, I already patented the glow in the dark sunglasses and solar powered flashlight! You're too late! 🙂 🙂
 
A patent in this day and age are virtually useless.
All you have to do is modify any part and you can go around the patent protection laws.

If you want to provide proof of concept or authenticity of intelectual content, just make
a drawing, sketch, or whatever and write out a description of what it does or can be used
for and place that into a sealed letter and mail it to yourself from the Post Office as a
Certified Registered Letter.

IN the future if there is any controversy as to person or date of originality of said item -
you have a sealed and dated Federal Agency Document to use as a reference.
 
Originally posted by: Drakkon
Depends on what you are patenting....each type of product requires a different type of patent. To do a simple item patent (no electronics, no special features, no special language, no sounds, etc) it can be fairly simple. Add any one of those and it gets complicated.
Overall the 20K in lawyer fees is possible but really all it takes is the processing fees (can be anywhere form a couple hundered to a couple thousand) and time to wait. You gotta remeber that something like 1,000 applications are filed per day so unless yours has earth shattering possibilities it can take a while.
Click to expand...

Well, it's a pretty simple electronic device so I imagine it could cost alot to have someone do the research to see if it's a patentable. I'm about to consult with a patent lawyer to see if it's even something that could qualify for a patent.
 
Ive tried to patent something at work. the department was going to pay for it and it came up to about $35K in lawyer fees. we ended up with one company interested in licensing which would only result in a few thousand bucks per year. in the end, the university decided to drop the patent application and we were out alot of money, no patent, and no licensing revenue.

consulting a patent lawyer is going to be expensive btw. the firm we worked with charged $400 an hour. they go as low as $300 an hour sometimes.

i can tell you one thing for certain. Girls like guys with patents. They like them even more if they get huge ass royalities. its just a little hard to use the "hi Im an inventor" as a pick up line. If you get to use the line in casual conversation though, it makes your extreme dorkiness look like a good thing.
 
Originally posted by: PKPunk
I was wondering if anyone here has ever tried to get a patent. I'm just curious how much it cost and how long it took. I've looked at a few website and it looks like it could cost 20k in lawyers fees and take a few years to get approved.
Click to expand...

The process can take a good number of years (software patents are taking 4-5+ years right now). We pay, on average, about 20k in fees between lawyer and filing fees (for US filings). About 35k I think if you want to include the common 'foreign' filings (Australia, Japan, Europe, etc).

I disagree with the poster who says they aren't worth it, but you do have to be willing to assert the patent if you get it (e.g. if you get it and another company copies your invention, they will most likely not care if you say you have a patent unless their is a lawyer and a court filing attached to also)

Good luck!
Bill
 
I have 7 patents.

#1. Get an attorney and ask him your questions because your device although you state simple, could encompass multiple other patents.
#2. Get an attorney and ask him your questions because your device although you state simple, could encompass multiple other patents.
#3. Get an attorney and ask him your questions because your device although you state simple, could encompass multiple other patents.
#4. Be prepared to pay $500 for him to investigate if this appliance is competing with any current patents and then anywhere from $500 - 10,000 more after he gets the full scope of what you have and what is needed.

Time frame is completely up in the air. The atty will be able to tell you with some accuracy how long it will take but his paperwork will be proof that you applied an a certain date and any other claims that come on after that date will have to challenge your patent to keep theirs and filing date is "9/10s law".

 
I've got 2 patents pending where I'm a part of them. We have plans for a few others. I'm certainly not a patent lawyer, so take these as just general rough guidelines.

You are talking $1000-$2000 for patent filing fees. US Patent Fees, you'll have to pay many of these. That is just the cost to have the patent office accept your application (if varies depending on where you file for the patent). A US patent won't protect you anywhere else. For worldwide protection, you'll need a PCT (Paris conference treaty) patent which most countries have agreed to follow which costs a few thousand more. You could also file individual patents in each country, but the PCT patent is probably the better route to go. Once you get the patent(s) there are yearly maintenance fees as well (a couple hundred dollars a year if I remember correctly, but I don't pay these myself so I'm not positive).

You can write the patent yourself and only pay the patent filing and maintenance fees. But you probably will have a much better shot at getting more of your patent claims accepted if you hire a lawyer. For a simple patent that'll cost you $10k if you write the patent and have a lawyer convert it into lawyer language. It'll cost you $20k if you have the lawyer do it all from scratch. Of course prices will vary, but those two are probably typical lawyer costs.

US patent applications are about 1.5 years until you find out which claims are accepted/rejected. Edit, I just looked it up: The average is 24.6 months. PCT patents are 2 years+.

Cheaper methods:
(1) You can file a preliminary patent. That means it is on record and you can modify it within 21 years if you need to without being pushed to the back of the line. If a company shows interest and gives you money, then you can hire a lawyer to rewrite the preliminary patent with that money. Patent filing fees apply of course.

(2) You can file a disclosure. Basically they take your document and store it as proof that you have come up with the idea at a certain date. I think the fee is on the order of $10.

(3) You don't have to file a patent. A patent is a two way street. (A) You tell the world how to make your invention for (B) an exchange from the government that you will be protected for a decade or two. But if you don't care if people copy your invention or if you don't think anyone else will have the capability to copy it, then you don't have to have a patent. These are often called trade secrets. Why tell the world how to make your invention if you don't think they can compete? Or you can try to get in before the rest of the vultures. Swoop in, take a profit, and leave before anyone who tries to copy has the chance.
 
Originally posted by: CaptnKirk
A patent in this day and age are virtually useless.
All you have to do is modify any part and you can go around the patent protection laws.

If you want to provide proof of concept or authenticity of intelectual content, just make
a drawing, sketch, or whatever and write out a description of what it does or can be used
for and place that into a sealed letter and mail it to yourself from the Post Office as a
Certified Registered Letter.

IN the future if there is any controversy as to person or date of originality of said item -
you have a sealed and dated Federal Agency Document to use as a reference.
Click to expand...

This doesn't work. You could simply not seal the envelope and then slip something in it when you feel like it. Doing that is just an urban myth. It *might* help in small claims court, but not when you're going against a corporation.
 
my dad has his own software patent.

if you're in the DC area, check out the patent office, people who work there are very helpful and can help you find out if something has already been patented.


 
Originally posted by: JustinSampson
This doesn't work. You could simply not seal the envelope and then slip something in it when you feel like it. Doing that is just an urban myth. It *might* help in small claims court, but not when you're going against a corporation.
Click to expand...
Which is why there are official direct disclosures instead.

US patent and trademark office

"A provisional application is retained by the U.S. Patent and Trademark Office (USPTO) for at least 21 years and may be converted to a non-provisional application, but a Disclosure Document is only retained in the USPTO for a period of two years. A Disclosure Document is NOT a patent application, and the date of its receipt in the USPTO will not become the effective filing date of any patent application subsequently filed. However, the date of the Disclosure Document's receipt provides evidence of a date of conception if it is referenced in a related patent application. The Disclosure Document brochure is at http://www.uspto.gov/web/offices/pac/disdo.html. A provisional application provides the means to establish an earlier effective filing date for a patent application and permits the term "Patent Pending" to be applied in connection with the invention. A foreign application may claim priority to a provisional application, but a disclosure document may not be relied upon for priority. Information on provisional applications is at http://www.uspto.gov/web/offices/pac/provapp.htm. Upon request, the USPTO will send Disclosure Document and Provisional Patent Application brochures including forms. For additional information, you may contact the USPTO Contact Center (UCC) and request to be transferred to the Inventors Assistance Center (IAC). IAC representatives are available Monday through Friday (except federal holidays) from 8:30 a.m. to 5:00 p.m. Eastern Time.
 
Originally posted by: judasmachine
Closest I've came is copyrighting my writing.
Click to expand...
well thats easy, all its requires is a ©

this post is hereby copyrighted © 2004 - Train

any quotes or reproductions of this post without written permission and I will sue your ass
 
Originally posted by: Train
Originally posted by: judasmachine
Closest I've came is copyrighting my writing.
Click to expand...
well thats easy, all its requires is a ©

this post is hereby copyrighted © 2004 - Train

any quotes or reproductions of this post without written permission and I will sue your ass
Click to expand...


That might not work on the forums. When you registered, you agreed to the terms of service to these forums, which has the clause;

All comments and materials submitted to the Forums shall be considered non-confidential and the property of Anandtech, unless otherwise agreed in advance in writing by Anandtech.

So basically everything you post here belongs to Anandtech.
 
Originally posted by: OS
Originally posted by: Train
Originally posted by: judasmachine
Closest I've came is copyrighting my writing.
Click to expand...
well thats easy, all its requires is a ©

this post is hereby copyrighted © 2004 - Train

any quotes or reproductions of this post without written permission and I will sue your ass
Click to expand...


That might not work on the forums. When you registered, you agreed to the terms of service to these forums, which has the clause;

All comments and materials submitted to the Forums shall be considered non-confidential and the property of Anandtech, unless otherwise agreed in advance in writing by Anandtech.

So basically everything you post here belongs to Anandtech.
Click to expand...

Anandtech owns your life now.
 
Originally posted by: cerebusPu
anyone know what its like to be a patent attorney? Ive been trying to figure out if it right for me.
Click to expand...

Well, to take the Patent Bar and to become a Patent Agent you need to have a hard science background (bio, engineering, etc) or have enough science units to take it (I forgot the amount).

You can be a patent agent without going to law school.

If you passed the pat. bar and have your law degree (and bar card), then you can prosecute patents (argue for/against them on behalf of your client).

Although I don't have a hard science background, I work for a patent attorney as a law clerk. Its boring as hell. I guess you have to like that sort of stuff.



 
Thanks for all the info. I've got a list of pattent lawyers in my area, I plan to start calling around after the new years.
 
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