Patent question

Sfoppema

Sfoppema

Branched out member
Location
Central MA
Think I may have an idea worth patenting, though I'm not sure if I would be able to. It has nothing to do with climbing/rigging/life support etc. It's kind of modifying two unrelated tools to use together to perform a task that I've not seen anyone perform before. Has taken quite a bit of money/work/time/modifying to arrange for the purpose I intended. My original thought was just to make my life easier, but now that I've pretty much got the set up working, I am wondering if I am on to something more than that. Forgive my absolute ignorance on the subject. Wondering who I would ask.. was going to google "patent lawyer", but figured I'd start here instead.

Cheers
 
From my limited experience trying to apply for a patent, I learned that a patent lawyer is almost essential. However, from my research, it seems to cost about $10,000 to get a patent through a lawyer.

You can, however, file the initial application yourself, and get a “patent pending“ designation that gives you temporary patent protection while you start to sell this object, maybe see if there is enough interest in it to make it worth the money to patent.
 
Reach said:
From my limited experience trying to apply for a patent, I learned that a patent lawyer is almost essential. However, from my research, it seems to cost about $10,000 to get a patent through a lawyer.

You can, however, file the initial application yourself, and get a “patent pending“ designation that gives you temporary patent protection while you start to sell this object, maybe see if there is enough interest in it to make it worth the money to patent.
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Thanks for the intel. I would like to talk to someone who can tell me if there is anything in what I'm doing that is even "patentable" in the first place. As mentioned, it's kind of just changing something that already exists, then using something else with it to do something cool. Apologies for being vague. It could be that there's nothing worth patenting at all.
 
Sfoppema said:
Thanks for the intel. I would like to talk to someone who can tell me if there is anything in what I'm doing that is even "patentable" in the first place. As mentioned, it's kind of just changing something that already exists, then using something else with it to do something cool. Apologies for being vague. It could be that there's nothing worth patenting at all.
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That makes sense. There are a few guys here who have created things that I believe have patents, maybe one of them can be a guide to you? @treebing perhaps?

If I remember correctly, there is a short window after you first “publicly display” your new whozit that you can apply for a patent. After that window closes though, you can no longer patent it, the design becomes public domain.
 
I'll add that the "thing that I'm changing that already exists" isn't something that would be patented I dont think. It's something that many different manufacturers make
 
I got one that's kinda like that it's called ranch-e-que. You know those two stage epoxy syringes that you can get at the hardware store with the spiral mixer near the tip? It's basically like that but filled with ranch and barbeque sauce. When you depress the plunger you get to watch the two sauces mix together and come out as a delicious new, even better, dipping sauce.
 
Reach said:
From my limited experience trying to apply for a patent, I learned that a patent lawyer is almost essential. However, from my research, it seems to cost about $10,000 to get a patent through a lawyer.

You can, however, file the initial application yourself, and get a “patent pending“ designation that gives you temporary patent protection while you start to sell this object, maybe see if there is enough interest in it to make it worth the money to patent.
Click to expand...
The original leatherman multi tool was patent pending for its entire production period of greater than a decade.
 
evo said:
The original leatherman multi tool was patent pending for its entire production period of greater than a decade.
Click to expand...
That’s interesting, I never knew that. I have one, my father gave it to me when I turned 13. I still use it, though I no longer carry it every day. I wore out two leather belt holsters carrying it for 15 years.
 
Reach said:
That’s interesting, I never knew that. I have one, my father gave it to me when I turned 13. I still use it, though I no longer carry it every day. I wore out two leather belt holsters carrying it for 15 years.
Click to expand...
I worked for them, when they were diverging from their primary design. Just noted that patent pending stamp was the same from my youth.
 
You can get a provisional patent which you can file for 100$ you can do it yourself or have it professionally done with a patent artist and a lawyer to right it up which could be 4k or more. This gives you a head start on a real patent
That gives you a year to do something with it as well as show it to people and gage if pursuing a full patent is worth it. A lawyer can also do a real patent search and tell you if it is patentable although they might suggest you go for it because they want your money.

The money starts flying really fast especially if the USPTO adjusters want to argue about it. But dragging out the patent pending gives you more time too. A patent is only as good as the money you have to spend on it, for instance unless it's a really tight and detailed patent, someone can add another hole in the side plate or double up a integral component. "Look there is is two springs instead of one!" By doing so they can get around your supposed patent completely. This totally happens and it makes trying to get compensation from your idea challenging and daunting. Even more discouraging is that you lose your patent completely if you can't stop someone from using it. So if that person has more disposable income than you to fight you, you will lose.


It's a gamble. Also do you hope to have a manufacturer make it for you? Or do you want to make it yourself. If you want to sell it, you will want a patent because manufacturers won't really deal with you without one.

If you do it yourself you can just make it and sell it until it all of a sudden shows up at Wal-Mart for half the price. You can try to build a brand around it etc.

Get the provisional, and decide in a year.
 
treebing said:
You can get a provisional patent which you can file for 100$ you can do it yourself or have it professionally done with a patent artist and a lawyer to right it up which could be 4k or more. This gives you a head start on a real patent
That gives you a year to do something with it as well as show it to people and gage if pursuing a full patent is worth it. A lawyer can also do a real patent search and tell you if it is patentable although they might suggest you go for it because they want your money.

The money starts flying really fast especially if the USPTO adjusters want to argue about it. But dragging out the patent pending gives you more time too. A patent is only as good as the money you have to spend on it, for instance unless it's a really tight and detailed patent, someone can add another hole in the side plate or double up a integral component. "Look there is is two springs instead of one!" By doing so they can get around your supposed patent completely. This totally happens and it makes trying to get compensation from your idea challenging and daunting. Even more discouraging is that you lose your patent completely if you can't stop someone from using it. So if that person has more disposable income than you to fight you, you will lose.


It's a gamble. Also do you hope to have a manufacturer make it for you? Or do you want to make it yourself. If you want to sell it, you will want a patent because manufacturers won't really deal with you without one.

If you do it yourself you can just make it and sell it until it all of a sudden shows up at Wal-Mart for half the price. You can try to build a brand around it etc.

Get the provisional, and decide in a year.
Click to expand...
Thanks for the information. I'm going to see if I can have it made somewhat locally. Seems like the patent won't really be worth it because someone could definitely skirt right around me by making a minor change. Stay tuned!
 
The first place to start is searching for "prior art." Just because you don't seeing anyone making something, doesn't mean that someone hasn't already filed for a patent. This is probably one of the most tedious steps, but in the long run it could save you a lot of money and effort.

If you can't find anything, file for a patent. The artwork is important AND include those variations which you feel would be exploited to "skirt" around the original design. At that point, you can start looking for someone to make it and share it with some people.

Finally, even if you file for a patent which would limit someone else from making and selling a knock-off, how hard would it be for an average handyman to make their own? I know I have several tools which I've seen for sale that I made for myself.
 
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