Patent help please :)

[3D diver]

I am a patent lawyer. Contact me and I will give you more on your options. While some full utility applications cost $10,000, you can file a provisional patent application for far less. I usually recommend reading some related patents and trying to draft your application yourself and then retaining an attorney to give suggestions on changes and additions that may be needed.

Scott Vidas svidas@vaslaw.com, work 952-563-3003 direct.

i always give consultations like this for free to educate inventors about their options.

When you got legal questions the internet if fun, but if you think your idea's valuable ya gotta talk with a lawyer. Sooner is better than too late.

 

[Shftrdog]

I have heard that mailing the idea to yourself and not opening it works, but im not 100% sure.

 

[Lorenzoid]

I have heard that mailing the idea to yourself and not opening it works, but im not 100% sure.

That is pure myth, urban legend, etc. It's rooted in the good advice that an inventor should document his work. Sure, an inventor absolutely should keep a written record of the progress of his work, including signing and dating each page. Even better, also have a trusted witness sign and date it. But signing and dating is almost always considered good enough evidence to prove the date an inventor came up with the invention if the issue ever comes up in court or in the Patent Office. The inventor mailing it to himself adds nothing to the credibility of that evidence.

 

[Zen Diving Inc.]

Thanks for the input! After speaking with another patent attorney here, who also is a diver I decided to apply for a provisional patent myself for the time being. I'll start with 3 products this year and see how it goes. I'll be sure to post some pics and links to the products as soon as they are available. Probably in the next 60days. Thx again!

 

[leabre]

I have designed multiple products with functioning prototypes. Im trying to find the best route to protect my work with the least amount of cash out of pocket. I spoke with a patent attorney today. I was quoted around 10k. I could do a provisional patent, "Pat Pend." for 60%. Im confident in the product, but that doesn't mean everyone else will like it. How can I test the waters and protect myself before committing to 10K...?

Please note that starting next month the USPTO will change to a "first to file" system where the first person to file for a patent wins the patent. Currently we operate on a "first to invent" but that will no longer be the case next month. So even if certain people sign an NDA or whatever, if someone else over hears a converation or somehow sees it without the NDA and files for a patent, you're screwed if you have not already filed for one.

 

[PeterNBiddle]

If you're a fledgling company making "something people want," an established manufacturer is likely going to copy what you're making and take your market share. With a patent, even if you don't have the stomach or wallet to sue the would-be competitor you might be able to sell him the patent or a license under the patent or even partner with him. Without a patent, you simply lose your $10 and Kickstarter money.

Market share is not a function of patents nor first-mover nor the economic power of an established mfr. If it was then we'd all be using Friendster or MySpace instead of Facebook and Nokia or Motorola instead of Apple or Samsung.

With a patent you face several years of litigation costing potentially millions of dollars and an unsure outcome and a large mfr will laugh you out the door rather than take your license.

btw, I personally have a couple of patents, one of my teams filed over 100 and if you're running Windows you run our code every time you boot Windows. When I say focus on making something people want, I'm basing this on my experience.