Can I patent my idea?

[nonameo]

Can we get some more info on what "patent pending" is? I know it is a bit off topic, but I see it here and there and wonder why people even use the term.

 

[erwin1978]

My guess is it takes time to process and approve a patent. In the meantime you can say patent pending.

 

[Dirigible]

Originally posted by: erwin1978
My guess is it takes time to process and approve a patent. In the meantime you can say patent pending.

Yup, it generally takes years between the time you file a patent application and the time you actually get a patent. (Of course, you may not get it at all, but that's another topic.) Labeling your goods with patent pending after filing the patent and prior to the patent issuing can help if you sue someone after the patent finally issues and want maximum damages.

 

[bsobel]

Originally posted by: erwin1978
My guess is it takes time to process and approve a patent. In the meantime you can say patent pending.

For software 4-6 years on average right now.

To the OP, you could possibly claim a business method patent. I'll be blunt, I hear stories like yours all day long and only VERY rarely does anyone really have a new idea of interest.

You can talk about it publically, however if you tell us all your idea who have only 1 year to get the patent application in. Others can't 'steal' it from you as even publically talking about it would be your own proof that the idea was yours. The people who stole it from you would need to show proof of an earlier creation date.

Bill <-- 7 granted US patents with about 50 in the pipeline

 

[erwin1978]

So you're Bill or are you talking about my neighbor Bill? You have patents? What are they?

 

[bsobel]

Originally posted by: erwin1978
So you're Bill or are you talking about my neighbor Bill? You have patents? What are they?

I was signing my post, Bill is my name. You can search at www.uspto.gov, but mine are primarily file system and operating system security patents.

 

[jackace]

From what I learned from my entrepreneurship management degree is unless you have a very novel and innovative product your best and cheapest way to protect a business plan or idea is to hit the ground running and grow ASAP.

 

[Sho'Nuff]

Originally posted by: PokerGuy

Originally posted by: erwin1978
What prevents a patent lawyer from turning around and steal the idea for himself?

That would be illegal, discussions between you and your attorney (once you actually hire him to represent you) are privileged and confidential.

Good info patentman. Basically, if you think your idea is legitimately good, you should go talk to a patent attorney. It's not going to be cheap to patent something (properly), but if your idea is for real it would be well worth it.

Technically if a lawyer discloses confidential information learned from a client it is:

1. a breach of the fiduciary duty of loyalty owed by the lawyer to the client;
2. a violation of the rules of professional responsibility imposed on all lawyers in all states; and
3. pretty stupid, as it can be grounds for disbarment.

That said, I know at least one instance where an attorney has been listed as an inventor on an application where they did not invent the what was claimed.

 

[Sho'Nuff]

Originally posted by: bsobel

Originally posted by: erwin1978
My guess is it takes time to process and approve a patent. In the meantime you can say patent pending.

For software 4-6 years on average right now.

To the OP, you could possibly claim a business method patent. I'll be blunt, I hear stories like yours all day long and only VERY rarely does anyone really have a new idea of interest.

You can talk about it publically, however if you tell us all your idea who have only 1 year to get the patent application in. Others can't 'steal' it from you as even publically talking about it would be your own proof that the idea was yours. The people who stole it from you would need to show proof of an earlier creation date.

Bill <-- 7 granted US patents with about 50 in the pipeline

Average wait time between filing and a first office action in 2006 was 31.1 months. Once a first action issues, in my experience it takes an average of 6 months to 2 years to get a patent, depending on the art area.

<------------- U.S. Patent Examiner

 

[imported_Baloo]

Originally posted by: habib89
yeah, i'm pretty sure you cannot patent an idea...

Is this guys Joking, or is he really that far off from understaing what patents are for?

 

[Journer]

ideas can be copyrighted
processes can be patented

 

[Sho'Nuff]

Originally posted by: Baloo

Originally posted by: habib89
yeah, i'm pretty sure you cannot patent an idea...

Is this guys Joking, or is he really that far off from understaing what patents are for?

Actually, you CANNOT patent an idea. Patents are for "anything under the sun MADE by man." That means ideas, theorems, natural phenomena, etc. cannot be patented in the U.S.