Originally posted by: Special K
Originally posted by: eflat
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I designed a small device (sorry not telling about it) that works in a unique way that I would like to be protected by a patent.
If your idea was so simplistic that merely mentioning it on an internet message board would allow someone to go build one and compete against you, then your idea probably wasn't very good to begin with.
Definitely wrong approach. A key requirement of granting a patent today in most countries is "absolute novelty". That means that NOBODY should have been told any details unless they have promised to keep them secret from everyone else, and you can prove that with a signed and witnessed document.
Unfortunately, getting a patent is expensive. Although you can do the work yourself and pay only the fees charged by the US Patent Office, the application documents you file may be worth roughly what you paid for them - nothing! Patent lawyers are experts at the intricacies. They first do a patent search THOROUGHLY to determine two things: has this been done before, patented or not; and, how does this device differ from others that are similar, in as many ways as possible? If the search says this really is new, then he / she prepares the patent application trying to assert as widely as possble all the things claimed to be new and reserved for the prospective patent holder. Then they file on your behalf and probably correspond with the patent examiner to clarify and defend the claims, maybe having to give up on a few to keep the rest.
Last time I heard, all this can cost you $5,000 to $10,000 for a US Patent only, and at least double that if you want simultaneous filings in several other countries.
You should look into a preliminary first, though. Before engaging a lawyer, there are some companies that will do a PRELIMINARY patent search for you for a small fee (I've even seen some done for free, but that's not common in the USA.) This is NOT an exhaustive search - all it does is alert you if there already is something so close to your idea that a patent is not going to be possible, and you can avoid paying bigger bucks to a lawyer to find that out.
Remember, all a patent does is give you a reasonably solids basis for a civil suit against a future infringer. The is NO state enforcement of patents. You have to keep track of the market yourself and, if you think someone is infringing on your rights, you have to hire another lawyer to launch a lawsuit against them and try to collect damages or negotiate a licensing royalty deal.
A completely alternative route is to ignore patents completely. Take the big bucks (above) if you have them and invest instead in efficient maufacturing of the device and a good marketing program to sell a lot of them fast. Or, contract out one or both of those functions. (Here's another area the PRELIMINARY search helps -warns you if you are about to infringe on someone else's existing patent!) If you establish your product quickly you can fill the market demand in a very few years and make enough money to pay off your investment with a profit, then coast on with lesser volumes and profits even if copycats start to complete. And you just ignore them 'cause you got enough money out of it. IF all goes according to plan.
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