Patent???

[DYNAGOD]

We have quite a diverse group of people here on these forums and im posting to ask if anyone here knows the process for taking a product youve developed and apply for a patent for it.
Im sure theres at least one person here whose done this and knows the steps to be taken,im just hoping their willing to share.
look at what ultimarc some others have done in the BYOAC community have done, im sure their ideas are protected.

ive got a few ideas id like to market as well, but id like to ensure that should that idea catch on or be profitable that my interestes are protected.
again thanks all!

ps. also , what might be the implications if that product was someting that improved upon an item someone ELSE has a patent for.
like for instance say i developed a new stabilizer bar for a sports car, do i need permission from that car manufacturer to market the product?
thx

[rampy]

I'm sure a few people on the board can share their experiences (you might want to check with cyberpunk he apparently works at some sort of legal firm and supposedly thinks he has some understanding of copyright/patent/trademark law or what have you... )

BUT what I recommend is that you ask a lawyer and be wary of legal advice you garner from the internet.

Although  I realize your main purpose is information gathering and getting a sense of what is involved, keep the above line in mind.

good luck!

rampy

[Ken Layton]

Get a lawyer whose specialty is patents.

[DYNAGOD]

copy that.
thx

[ErikRuud]

Yes, get a patent lawyer.

I beleive there is something about having at least a 10% change/improvement over someone elses existing product, but I'm not a lawyer, so what do I know?

I have seen many patent/copyright/trademark/licensing discussions on the internet in at least four different areas (Slot Cars, Resin Casting, Arcade, Halloween Props).  The one thing i have learned for sure, is that most people don't really know what the differences are between copyrights, patents, and trademarks.  I have seen many people mention the 10% thing when they are talking about copyrights or trademarks and I know it does not apply to those.

Get a lawyer.

[Jabba]

Our company went to get a patent for a piece of software, and a year later and some considerable cash on patent searches in various countries, it turned out that there was another product in Asia that was just "close" enough to ours . We finally decided to back out.

Maybe patents for physical "non-software" products are easier. Things you should also consider is if you need it for the whole world, or just the United States, Europe, Asia, etc. You see, you must file a patent in each of these countries if you really want it to hold world wide. Watch out for the lawyer ! This is a very "subjective" exercise if you do not have very clear on the technical definition.

Anyways, that's my two cents...

[SirPoonga]

Yeah, get a patent lawyer, and the us patent office webiste states the procedure you go through.

[OSCAR]

Just to echo the already excellent advice given, you *must* consult with a patent attorney before you can really do anything.  Back when I was the lead engineer in a "patent acquisition team" at an automotive supplier company, I would spend half my day with our company's legal department and patent attorneys, which is just slightly less fun than a root canal.

As an example, you can see one of my patents here.  The abstract is basically what you will submit to your legal counsel to start the process.  The claims and technical description will be derived from your discussions with your attorney and it is not an easy road, especially if your patent is in an extremely competitive field like the automotive business.  Proofreading the patent before it is filed is the perfect cure for insomnia!  

[voodoochile]

OK I have 3 patents...The first thing is find a good patent Attorney and be ready to pay. Dont go with the cheapest because a patents enforability is all in how it is written, it is a true artform.

Make sure you have all your notes,dates,prototypes etc. in order and if you can afford it (My first patent was around $3500US) go for your international patents at the same time. The international patent process is way diffrent than US.

Example I was able to obtain a patent for a tilt regiristring process..i.e. shake a arcade controler and the controler registers 'TILT" in a game...Because I had beta tested it to the public, while I recieved a US patent, I could not get an International Patent because I hadn't applied for it with in, I think it was 6 months.


Anyway I have a good Patent Attorney and can recommend him pm me if I can help

[bluGill]

Is it even worth it?   You will pay a lot of money for a patent, and they generally don't have much value other than a plaque to hang on the wall.  (if you are an engineer looking for job)  

Unless you expect that you can recover the costs in damages, and that I couldn't design something to do the same thing easily, there isn't much point.  

I'm not saying it isn't worth it mind you.  I'm asking if it is worth your time and money.   Think this through, for most small guys it doesn't pay.   You might be an exception.

[voodoochile]

I guess one point to remember is do you have the money to defend a patent?  I say get it Its cool

[DYNAGOD]

so essentially,
a patent is the exclusive domain of the rich??
the rich get richer while the poor get poorer...
sad ,truly sad..
apllication and legal defense of a possible dispute sound like they could range well into 5 digits or beyond..
certainly not the domain of someone trying to get on their feet....

very dissapointing......

Saddly it appears US doesnt give a sh*t about the intellectual property(?) rights of a poor person..

again though, thanks everyone for all the intel.  

[Jabba]

I hate to admit it but I think that is the case. The only one making money is the patent lawyer. I would say save your money and invest it in marketing. You'll get a bigger bang for your buck (and BTW, when we abandoned the patent, we had already spent 20K)