Seeking advise on patents

[mrfixitchapman]

Over the years I have built some of my own equipment, usually to take an existing idea and make something for myself. Well, now I've built and refined a scuba widget that I had never seen before. Who has good ideas about patenting a new piece of hardware?

Without getting too specific, it is a piece that new divers don't seem to recognize, but experienced divers immediately see how it works and how they can use it for themselves. It is cheap to make, light weight and very versatile for the job that it can do.

Trouble is - if anybody else in the equipment business wanted to copy it and sell it I'd have to stand by and watch if I had no way to protect the idea.

Suggestions?

DC

 

[SC_Hoaty]

I'll PM you

 

[Cave Diver]

I'll be interested in the answer to this myself. I've come up with a few ideas lately that Im not quite sure what to do with. From my research just the initial cost for applying for a patent is about $4k.

 

[Jax]

Applying for the patent isn't that bad. It's the research involved to insure someone hasn't already patented it.

 

[mrfixitchapman]

Applying for the patent isn't that bad. It's the research involved to insure someone hasn't already patented it.

I've used a few online tools. Problem is that the 'legal description' might be something far removed from the actual piece. I'm not trying to patent an idea, really. The widget can replace more expensive and complex hardware for the job that it does. Over the years I have reduced this thing to the point that I cannot reduce it further. While that makes it easy to make and easy to use it becomes harder to find out if somebody else has ever done it this way before.

DC

 

[SC_Hoaty]

Some general items -

Record the description of your invention, and when it was conceived. Have this witnessed and signed by someone you trust (who will not disclose it). Reveal NO details in public (don't display photos on the net, allow others to photo/copy, etc.) There are "inventor services" that advertise on TV - use caution - enough said!

It is very easy to compromise your position on intellectual property.

 

[SC_Hoaty]

Amazon.com: Patents, Copyrights, & Trademarks (9780471581239): Frank H. Foster, Robert L. Shook: Books

This is a great reference in this area. Read it cover to cover a few years ago.

 

[Lee Taylor]

I have many patents. I am not the owner but the inventor. Big difference. For what it is worth , patents are frequently sold. My first patent cost my employer about 17k. It provided my attornies a document to present in court. That is about it. No guarantees.

If someone wants to copy your idea, they will do just that (patent or no patent). The patent is a document which allows your attorney to go after some of their profits. The patent does not stop people from copying your ideas.

 

[Cave Diver]

So what did it cost you to apply for the patent and did you do it yourself, or just go through a patent attorney Lee?

 

[divin'dog]

Sometimes a patent is not the way to proceed... Depends on what your invention is. Do you want to license it? Manufacture it? Start a business? How much will it cost to produce? What will the market bear for a price point? How will you distribute it? What will you claim as original?

Don't bother with a design patent... you should get a utility patent. Patents can range from around $5k to $20k or more... depends on your atty and the price structure. Sometimes it is worth hiring a really good atty because if the claim is written with some kind of "loophole" that allows someone to legally knock it off, you just paid for a worthless patent and exposed the entire idea to the public. I have been hired to break some patents and the way a claim is written means everything.

You need to check the USPTO online. Do a search yourself first... its not that hard. What do you plan to do with the invention? You can also apply for a provisional patent which will give you some protection for a year (?) from the time you apply to go to a full patent. It is cheap and will give you time to see if there is interest in the market to sell your idea. Do not jump in and patent it until you figure out what you want to do with it and if you have the money to develop it whether licensing it or manufacturing it. However, if you ask a patent lawyer, chances you will be told to proceed with a patent.

Remember that a patent only says when you came up with the idea and what is original about the idea i.e. your claim(s) for the patent. If someone knocks you off, you will need to hire a lawyer to protect it meaning you will have to spend some money to go court etc... If you license it and hold the patent, and someone knocks it off, the licensee will most likely require you to protect it meaning you will be suing whatever company is knocking you off... and this can get very costly esp if the cost to protect it is more than what the patent is worth.

There are a lot of people who patent ideas all the time but the majority of them never make it to the market. I think the percent of ideas that don't make it is around 70%... might be an old number but I don't think its changed much. I have several patents that I have been involved with and have also been hired to design product to get around existing patents. I'm an inventor/designer so I have experience in this field but I'm not an expert on patents (like an atty) but I am an expert on product development.

And by all means protect your idea, do not expose it to anyone unless they sign a disclosure form. Good luck with it. Feel free to PM me if you want more info or have questions.