Patent

[DrPizza]

I have an invention. I searched, can't find anything of the sort. Does anyone know the cheapest way to get a patent on said invention? I'm done inventing; I have a prototype. I have several improvements, styles/options. I'm ready to manufacture. I can be ready to sell in about 30 days. I need to get a patent. How?


I've invented several things over the years. Each of those inventions has been re-invented by someone else within a matter of months or years - each idea came into the market, even ideas that I thought were bad. This time, I'm not sitting on my idea.

 

[ConwayJim]

hmmmm...you better tell me your idea first, then i can help

 

[sonambulo]

Get a patent lawyer.

The whole process will cost roughly 15k and take about 10 years to complete. However you can manufacture and sell your product with 'patent pending' stamped on it in the meantime. The most important thing a patent lawyer will do is make sure you aren't infringing someone else's copyright while you sell your product.

 

[DrPizza]

I know the "get a patent lawyer" route - and there's a huge range of prices involved, depending on how complicated the invention is, how much software, etc. Relatively uncomplicated invention; I had already compared prices, and for the level of sophistication my invention is, the patent lawyer route was more in the ballpark of 6k. But, for something simple enough, is it impossible to do it without the use of a patent lawyer?

 

[DrPizza]

Oh, and I have a name for my invention already! Monster Security!





(j/k)

 

[Veramocor]

You could save some money by getting a patent agent. A patent agent has passed the patent bar exam and can practice patent prosecution in front of the USPTO except they do not need to be a lawyer.
I work as an examiner and you are suppose to help out the 'pro se' applicant more than one who is represented by counsel, but there is a specific form paragraph for strongly urging the person to get a lawyer or agent. There are so many laws, rules and minutia that you could mess up and lose protection of your patent.


From the MPEP "An examination of this application reveals that applicant is unfamiliar with patent prosecution procedure. While an inventor may prosecute the application, lack of skill in this field usually acts as a liability in affording the maximum protection for the invention disclosed. Applicant is advised to secure the services of a registered patent attorney or agent to prosecute the application, since the value of a patent is largely dependent upon skilled preparation and prosecution. The Office cannot aid in selecting an attorney or agent.

A listing of registered patent attorneys and agents is available on the USPTO Internet web site http://www.uspto.gov in the Site Index under "Attorney and Agent Roster". Applicants may also obtain a list of registered patent attorneys and agents located in their area by writing to the Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450."


Another option is get a provisional application. A provisional application cannot turn into a patent. It does not get published either. What is does is allow you to reserve a filing date for up to one year before you have to file an actual application for anything disclosed in the provisional application.

A final option is PCT which is an international application. You cannot get an international patent. The international application simplifies submitting applications to each individual country and gives you (don't quote me on this) 30 months to file a national stage application. There will be a PCT search and initial written report on patentability within that 30 months time, although the US searching authority may be a little behind. Individual countries do not have to honor that report though.

Finally get a patent agent or lawyer.

 

[sao123]

Originally posted by: DrPizza
I have an invention. I searched, can't find anything of the sort. Does anyone know the cheapest way to get a patent on said invention? I'm done inventing; I have a prototype. I have several improvements, styles/options. I'm ready to manufacture. I can be ready to sell in about 30 days. I need to get a patent. How?


I've invented several things over the years. Each of those inventions has been re-invented by someone else within a matter of months or years - each idea came into the market, even ideas that I thought were bad. This time, I'm not sitting on my idea.

last time i checked into this, i remember something about wanting a "provisional patent" because real patents can take up to 3 years to go into effect.

Dont waste time on those "inventors kits" they are just money making scams.


found some good advice:
inventing 101

 

[Perknose]

Originally posted by: DrPizza
This time, I'm not sitting on my idea.

Ahhhh, so it's not a chair.

Oh, and I have a name for my invention already! Monster Security!

I find a warm glass of milk and a tightly clutched blankey-poo works best for me.

 

[nanette1985]

Check out Inventors Digest if you haven't already, they are the most legitimate source I know.

Why do you want the patent? Are you going to manufacture something and you want to protect it? Are you hoping to sell the rights? Are you putting it on your resume or making extra money because you have a patent? Are you trying to impress your friends and relatives?

There are several types of patents, but the big two types are design patent and utility patent. Design patents are very easy to get but protect only the surface design of your invention. The utility patent is what people usually think of when they think "patent". If you are hoping to protect your device, you may need more than one patent, depending on how the device works, and you might want both types also.

In general, the purpose of a patent is NOT to magically protect your device, but to allow you to sue someone who infringes on your patent. A patent lawyer in your field will know what to put on the patent application in order to win your court cases. They'll have a good idea of what's already been patented and how to differentiate your ideas. They'll know the right category (important). And so on.

And then you get into international patents - another place where you would want someone with experience and expertise.

It costs a lot of money to defend a patent. If you don't defend your patent, you lose the protection.

To answer your original question, the quick cheap way to "get a patent" is apply for a design patent yourself. Just know what you are getting.

Best to you, this stuff is cool. Go for it!

 

[rcxEric]

ya wana save money n read dis tread sayin 2 long didnt read, so wat u can do iz take design n pics n w/e then put in box and mail to urself but dont open. den when sum1 sell sumthin like dat ya be gimme $$ sucka u teef my design got proof i made first but dont open box

 

[invidia]

Split the profits with a patent examiner and hand it over to him directly to avoid the waiting.

 

[Q]

Ha, I thought it said "Parent - what's the cheapest way to get a parent?"

 

[Atheus]

Just write PATENT on the back of a till receipt with a green crayon. Works for me every time.

 

[Atheus]

Originally posted by: rcxEric
ya wana save money n read dis tread sayin 2 long didnt read, so wat u can do iz take design n pics n w/e then put in box and mail to urself but dont open. den when sum1 sell sumthin like dat ya be gimme $$ sucka u teef my design got proof i made first but dont open box

piss off

 

[QurazyQuisp]

Originally posted by: Atheus

Originally posted by: rcxEric
ya wana save money n read dis tread sayin 2 long didnt read, so wat u can do iz take design n pics n w/e then put in box and mail to urself but dont open. den when sum1 sell sumthin like dat ya be gimme $$ sucka u teef my design got proof i made first but dont open box

piss off

His signature describes this perfectly.

 

[sonambulo]

Originally posted by: DrPizza
I know the "get a patent lawyer" route - and there's a huge range of prices involved, depending on how complicated the invention is, how much software, etc. Relatively uncomplicated invention; I had already compared prices, and for the level of sophistication my invention is, the patent lawyer route was more in the ballpark of 6k. But, for something simple enough, is it impossible to do it without the use of a patent lawyer?

That I can't answer well. A friend of mine went that route after having already obtained a few patents so he was quite familiar with the system. Other than that I have no other leads for you. Sorry, DrPizza.

 

[cKGunslinger]

Originally posted by: rcxEric
ya wana save money n read dis tread sayin 2 long didnt read, so wat u can do iz take design n pics n w/e then put in box and mail to urself but dont open. den when sum1 sell sumthin like dat ya be gimme $$ sucka u teef my design got proof i made first but dont open box

Now you're just trying too hard. :thumbsdown:

 

[richardycc]

http://www.24hrpatent.com/provisional_patent

 

[JS80]

Originally posted by: DrPizza
I have an invention. I searched, can't find anything of the sort. Does anyone know the cheapest way to get a patent on said invention? I'm done inventing; I have a prototype. I have several improvements, styles/options. I'm ready to manufacture. I can be ready to sell in about 30 days. I need to get a patent. How?


I've invented several things over the years. Each of those inventions has been re-invented by someone else within a matter of months or years - each idea came into the market, even ideas that I thought were bad. This time, I'm not sitting on my idea.

I'm in a similar situation. If you're ready to get investors, manufacture, and market your product, I would recommend you skip the patent phase right now. Patents definitely will give you an edge when you raise money, but if it's truly something innovative hence patentable, you shouldn't have trouble raising money. I would focus your energy on creating the company first.

Then when you launch your company you can retain legal counsel and work on a patent. In the meantime you can even do a "patent pending" which is a few hundred dollars.

I reason I'm suggesting you focus on marketing your product is that once you file for a patent your idea is public and out in the open. You are better off focusing on first mover advantage vs risking some patent trolls looking to rip off other people's ideas.

 

[GenHoth]

Originally posted by: Perknose

I find a warm glass of milk and a tightly clutched blankey-poo works best for me.

I'm a big fan of my gun and my religion personally!

 

[nanette1985]

Originally posted by: JS80


Then when you launch your company you can retain legal counsel and work on a patent. In the meantime you can even do a "patent pending" which is a few hundred dollars.

I reason I'm suggesting you focus on marketing your product is that once you file for a patent your idea is public and out in the open. You are better off focusing on first mover advantage vs risking some patent trolls looking to rip off other people's ideas.

Patent pending is what you get after you've filed for a patent, but before you receive the patent.

Once you file for a patent, the application isn't published for 18 months.

From US PTO website

 

[JS80]

Originally posted by: princess ida

Originally posted by: JS80


Then when you launch your company you can retain legal counsel and work on a patent. In the meantime you can even do a "patent pending" which is a few hundred dollars.

I reason I'm suggesting you focus on marketing your product is that once you file for a patent your idea is public and out in the open. You are better off focusing on first mover advantage vs risking some patent trolls looking to rip off other people's ideas.

Patent pending is what you get after you've filed for a patent, but before you receive the patent.

Once you file for a patent, the application isn't published for 18 months.

From US PTO website

hmm...thanks for that...totally misunderstood the process.

 

[SacrosanctFiend]

Originally posted by: QurazyQuisp

Originally posted by: Atheus

Originally posted by: rcxEric
ya wana save money n read dis tread sayin 2 long didnt read, so wat u can do iz take design n pics n w/e then put in box and mail to urself but dont open. den when sum1 sell sumthin like dat ya be gimme $$ sucka u teef my design got proof i made first but dont open box

piss off

His signature describes this perfectly.

If you read it with a Jamaican accent, it's actually humorous.

 

[JulesMaximus]

Man, I just thought of a great parody thread based on this one...