Patents?

[digitaldiscipline]

I was struck with a brilliant idea this morning, but am currently being intimidated by the US Patent Office's web site insofar as research and application for a patent is concerned. Anyone been through the process (or, I suppose, since there are a couple of legal types among you, are you/do you know any patent attorneys)?

When the USPTO comes right out and says, "This is complicated, you should probably hire a patent attorney," I'll admit to being taken somewhat aback.

Comments

[tylorael.livejournal.com]

*laughs*

Em would probably know a few. I know a few stuck up snobs who are patent agents, but none I'd want to send you to.

[xany.livejournal.com]

you finally found a way to split beer atoms, didn't you?

Yahoo! srsly. ;-)

[etcet.livejournal.com]

actually, something practical. :-)

[etcet.livejournal.com]

well, i wanted to put it out there, yanno.... :-)

[angldst.livejournal.com]

Cool.

I wish you best of luck with it.


-d

[kat1031.livejournal.com]

First step is a patent search to make sure that you aren't trying to patent something that has already been patented. From what I understand, that's realtively complex and should probably be handled by a patent attorney.

After that, you just have to doccument the idea pretty concretely and file the doccument with the patent office. I wouldn't think that part was too difficult, but I would say that if you really think that this idea could potentially be worth something, spending a few hundred up front to chat with someone who really is a lawyer is probably a very good investment in your future.

[xany.livejournal.com]

before approaching a lawyer with the info, and beginning the search, write up a full detail of the concept, seal it in an envelope, and mail it to yourself. Do not open this, but keep it on hand (with the postmark for proof-of-date) in case you stumble across something later that infringes upon it. That way, you can prove you thought of the idea first.

only then do you want to approach a lawyer (or anyone, for that matter) with your idea. There's some unethical bastards out there, and the better your idea is, the bigger the chance someone'll try to steal it from you.

[mighty-man.livejournal.com]

Definitely talk to someone in IP or Patent Law before you go any further, even if it's just to feel out the process, but don't spill the beans until you're ready to go through the process.

It is extrodinarily complicated and can be a fairly long process.

I remember reading about one guy who basically put up about $30k and 4 years, but got his patent.

But just keep in mind too, once you have the patent, you have to think about marketing/applying it and that also takes time and money. Consider if your idea will still be valid and useful in 5 years (less if computer related). If not, consider broadening the scope of your patent. =8-)

Most importantly, remember what you can and cannot patent and consider prior art very carefully.

[mykal.livejournal.com]

I did a free consultation with a patent attorney. It's definitely worth it just to talk with one if you can swing it without a cost.

Essentially it came down to "it could cost $500 - $3000 just to see if the idea is doable". But he would have then helped with all of the paper work involved with defining the idea or product.

[ivy]

Yeah. It's pretty messed up that it takes so much money and effort to patent an idea, but that's our system of government for you. Definitely get an attorney. I know several people who have tried without one, and all of them have failed at achieving a patent.

[emzebel.livejournal.com]

Did I hear my name invoked up-thread?

Yes, I know tons of patent attorneys, alas, I am not one myself, so I cannot offer to help you off book. If you want to shoot me an email (emzebel at lj will get to my main account) with the basic area of your idea (computers, machinery, business process, etc., since the best patent lawyers are science specific), and the amount you can afford to spend, I can try to get you linked up with someone reputable.