Anyone ever Patent anything ?? or try to get one

Thanks Dave

The $10K to get a patent is spit in the ocean compared to what it'll cost to enforce it.

If I ever thought of anything that I thought was really good, I'd probably file the provisional application and then see if I could convince someone with deep pockets to buy the rights from me and be done with it.

Though it's expensive, it's not hard to get a patent. At my last job we got patents on at least 95% of the inventions we filed for. In fact, I can get you a patent on nearly anything if I specify enough detail in the claims to make it different from what has been done in the past. For instance, if there is something nearly identical to yours out there I might specify that your device is assembled with all left-hand threaded bolts and make up some reason why that's advantageous and get you a patent over that other device. Here's the kicker though, and the thing that some patent attorneys and a lot of the invention places won't tell you - the more details I have to put in the claims, the less the patent is going to be worth. The reason being that it'll be easier to design around. All a person has to do is use right-hand threaded bolts and they are around your patent.

The point is, while I can get you a patent for nearly anything, that doesn't mean that the patent will be worth anything (and a lot of them aren't worth a plug nickel (I've written a few)).

So, after you get your search, don't just ask whether or not you can get a patent - ask what exactly they think can be protected by the patent.

You will definitely want to get a good search before you lay out much money for anything else.

One thing you should know is that there is no deadline for filing a patent unless and until the device is used, sold, or published. Once one of those things happens you have 1 year to file either a provisional or a non-provisional.

So, one option, if you're not ready to lay out serious cash is to keep it under your hat and pursue protection later. And, while you may have made and used the thing already, experimental use doesn't start the clock running. And I'm sure any use you might have made of the invention to this point was experimental, right?;-)

As others have said, if you want to get things rolling one of the best ways to go about it is to file a provisional application, which will buy you a year before you have to lay out the big $$$ for a non-provisional. Of course, if you have an agent or attorney do all of the work on a provisional it's still going to be $1000. But a provisional application doesn't need to be any more than a reasonably-well written description of the invention with reference to some drawings. So, if you, or someone you know can write up a good description of it and you can find an agent or attorney that is willing to do just the paperwork of filing it, you could probably get a provisional app. filed for $200-$300.

Of course, filing a provisional app. will increase the total cost of the process if you go all the way through with it. And, obviously it will make it a year longer until you get a patent (discussed in more detail a little below).

Of course, if you file a provisional application, the thing you need to do next is make a concerted effort to find out how commercially successful the invention will be. That way, you'll have a better idea at the end of the year whether to lay out the next $3000-$10000 to have a non-provisional application filed.

Of course, one thing you need to remember through the whole deal is that the only thing filing an application (whether provisional or non-provisional) accomplishes for you is ensuring that if someone else files an application thereafter, you won't be prevented from getting a patent.

You have NO protection until the day the patent issues, which will be 1 1/2 - 3 years from the date you file the non-provisional.

If you have questions you can email me and I'll answer them within reason. I'd do the work for you on the cheap end of the range, but I'm pretty busy sending resumes out to people that would charge you a lot to do it.

Neil

Regards, DL

A couple weeks ago on his radio show there was some discussion about obtaining patents. There was some mention of a "provisional patent" that would give you time..... .... I don't know the details but try the website for starters.

My sister was a patent attorney, and the amount of paperwork that has to be done is significant. Like the others said, its important to have an attorney that somewhat knows the subject. (Sis had a degree in electrical engineering and a masters in physics, and grew up in a farm family...so she has a pretty good handle on many things.)

Like Rick said, a patent search is one of the first things to do, and you would be amazed how many good ideas, that seem new, have already been done!

• US patent office home page