I have a billion dollar idea.

amdhunter

Lifer
May 19, 2003
23,332
249
106
How can I patent the idea? I could ruin the high-end phone market with my idea but I don't know how to start. Can you even patent an idea, or do you need to have a working prototype?
 
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renz20003

Platinum Member
Mar 14, 2011
2,714
634
136
A detailed drawing could work, depending on how complex it is..

It's not worth it unless you have enough money to defend the patient.
If someone steals your idea before you can get it to market and make money , you have to pay all the legal fees out of pocket.
 

Paperdoc

Platinum Member
Aug 17, 2006
2,497
371
126
No, you cannot patent an idea. You need a working prototype that demonstrates the concept well and works. You must NOT disclose the concepts or design to anyone else unless the disclosure is covered by a written (signed and dated by both parties) non-disclosure agreement. And finally, you must be able to establish that what you propose and made has not been patented or disclosed by anyone previously. That last step can be tough. You may be able to convince yourself that you can't find anything like it in a thorough search. But that's not sufficient for submitting an actual patent application. You would be amazed at how much stuff HAS been done AND patented, but never was commercially successful so nobody has heard of it! For the actual patent application process you will need a professional patent attorney (and a bunch of money to pay him / her) who can advise on all the details and do the thorough search required to establish lack of prior patents.

If you can find in your area a public service agency that advises on new product innovation for little or no money, they may help you start the initial process and understand the steps. Try checking with local economic development agencies of your city or state government for where to find such help.
 

Sho'Nuff

Diamond Member
Jul 12, 2007
6,211
121
106
No, you cannot patent an idea. You need a working prototype that demonstrates the concept well and works. You must NOT disclose the concepts or design to anyone else unless the disclosure is covered by a written (signed and dated by both parties) non-disclosure agreement. And finally, you must be able to establish that what you propose and made has not been patented or disclosed by anyone previously. That last step can be tough. You may be able to convince yourself that you can't find anything like it in a thorough search. But that's not sufficient for submitting an actual patent application. You would be amazed at how much stuff HAS been done AND patented, but never was commercially successful so nobody has heard of it! For the actual patent application process you will need a professional patent attorney (and a bunch of money to pay him / her) who can advise on all the details and do the thorough search required to establish lack of prior patents.

If you can find in your area a public service agency that advises on new product innovation for little or no money, they may help you start the initial process and understand the steps. Try checking with local economic development agencies of your city or state government for where to find such help.


Actually you don't need a working prototype. You just need to be able to have reduced the invention to practice - either literally (i.e., by a prototype) or constructively (by filing a patent application that includes an enabling disclosure of the invention - i.e., which describes the invention in sufficient detail so as to enable one of ordinary skill to make and use the invention without undue experimentation.

Also - in most countries for a claimed invention to be patentable, it needs to be both novel AND non-obvious (non-obviousness in non-U.S. countries is usually called inventive step, but the inquiry is similar). The novelty element is easy, as the claimed invention only needs to differ from the prior art in some (perhaps minor) way. Non-obviousness is where the rubber meets the road.
 

dullard

Elite Member
May 21, 2001
26,030
4,657
126
You can patent an idea as long as it is specific, novel, and non-obvious. An idea to "cure cancer" is not specific since it does not say how you will cure cancer. That idea is also not novel as many people have already described their wish to "cure cancer".

But, an idea to cure cancer by ingesting chemical X while singing song Y and rolling down a hill in a modified oak barrel from whiskey production is specific, novel, and non-obvious. You don't have to actually have cured cancer that way to patent it. You do not need a working prototype. But you need to be specific enough with examples, descriptions, and probably drawings if you want your patent to stick.

That said, a simple patent will cost probably $15,000 to file and maintain in the US and $100k+ if you start adding other countries. To actually use a patent though you need to sue someone who violates it. That will probably cost a minimum of $1 million. You need to pay to play in the patent game.
 
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Red Squirrel

No Lifer
May 24, 2003
70,560
13,801
126
www.anyf.ca
IP laws now days are mostly designed to protect corporations and not individuals. Heck, corporations even have the right to own all your patents if you work for them and have patents. Lot of them have agreements like that. Defending patents, trademarks etc is really expensive too.

Either way if your idea is serious it might be worth to check with a patent lawyer anyway to see what is the best way to protect yourself. Even if you patent it but don't defend your patent, at least the fact that you patented it first will stop someone else from patenting it and then suing you.
 

momeNt

Diamond Member
Jan 26, 2011
9,290
352
126
Depending on what sort of phone you have. The operating system that you agreed to the terms and conditions when you enabled the phones makes all patents and inventions of or about a phone their property.

You'll need to provide proof that your existing phone manufacturer does not own your immortal soul.
 

madoka

Diamond Member
Jun 22, 2004
4,344
712
121
That sucks. I guess the world can suck it then. I don't want anyone to have it if I can't make money off of it.

Please do not rob the world of your genius.

tincans.jpg
 

zinfamous

No Lifer
Jul 12, 2006
111,857
31,346
146
How can I patent the idea? I could ruin the high-end phone market with my idea but I don't know how to start. Can you even patent an idea, or do you need to have a working prototype?

sorry, but I've already patented the Anus Phone.
 

DigDog

Lifer
Jun 3, 2011
14,624
3,001
136
yes, you can patent an idea. some absolutely absurd and nonsensical patents have been granted in the US, and no you do not need a working prototype.
if someone comes up with a machine that looks like what you have in your drawing, you can sue.

having said that, i wish you good luck on your endeavour, and also i have never seen anyone say "i have a great idea" and then succeed. you could easily give an approximation of what your idea is, without giving away what makes it work, and that would give you more credibility. otherwise, it's the same as all those "i'm a businessman with an idea for an app" ads.
 

madoka

Diamond Member
Jun 22, 2004
4,344
712
121
you could easily give an approximation of what your idea is, without giving away what makes it work, and that would give you more credibility. otherwise, it's the same as all those "i'm a businessman with an idea for an app" ads.

Here is his presentation:

giphy.gif
 

madoka

Diamond Member
Jun 22, 2004
4,344
712
121

Only one? Amateur.

contrabooty1_465_308_int.jpg


https://dangerousminds.net/comments/be_amazed_at_the_amount_of_booty_one_man_hid_up_his_ass

André Silva managed to secrete two mobile phones, two batteries, pliers, two drills, eight pieces of a hacksaw, five nails and three Sim cards up his anus. On arrival at the prison, the man presented guards with a medical certificate which claimed he had a pacemaker and was therefore exempt from passing through the facility’s x-ray machine. However, the guards became suspicious of André Silva’s “nervousness” and searched him.


http://metro.co.uk/2016/02/04/priso...ds-crammed-up-his-bottom-5663032/?ito=cbshare

A prisoner was caught with four mobile phones, four ‘improvised chargers’ and four SIM cards hidden up his bottom.
 

madoka

Diamond Member
Jun 22, 2004
4,344
712
121
right, but my phone is 100% plastic guaranteed and 15% smaller than that phone. Plus it has 5 different vibration settings.

What guarantees do you have about the battery not blowing up or catching on fire?
 

ultimatebob

Lifer
Jul 1, 2001
25,134
2,450
126
Did you already search the existing patent catalog to see if a similar product or concept already exists?

Odds are... it does. This happened to my wife's "billion dollar idea" (a snowsuit with built-in mittens that could not be detached without parental help) when we did a search on that.
 

Red Squirrel

No Lifer
May 24, 2003
70,560
13,801
126
www.anyf.ca
Yeah when you think of an idea chances are it's already been done.

Sometimes I wish I was born in the Edison era. I often think of ideas only to realize it's already been done. But even in that era it happened often where multiple inventors were working on the same thing at once without realizing. It was kind of cut throat, and patents were also around at the time so you could be shut down if someone patented your idea before you did. So it was not a bed of roses back then either.
 

zinfamous

No Lifer
Jul 12, 2006
111,857
31,346
146
What guarantees do you have about the battery not blowing up or catching on fire?

We're currently very proud of our 80% survival rate!

N=5

But hey, look at it this way: if you work with the same type of clients as Jeebus does, you could consider this an unexpected perk, no?