Skip to comments.Anyone here ever file a patent? Yeah, it's a vanity.
Posted on 12/31/2004 2:45:48 PM PST by rdb3
Okay, FReeps. I have an invention that I want to patent. My questions to those who have filed for a patent are first, did you have any problems doing so, and two, how long did it actually take? Your realistic thoughts are appreciated beforehand.
My questions to those who have filed for a patent are first, did you have any problems doing so, and two, how long did it actually take?
Your realistic thoughts are appreciated beforehand.
I pinged you, Howlin, because of your expertise in matters of law.
It took months and months to get my patent. The *easiest* path is the provisional patent, which lets you stamp "patent pending" on your product for a year while you pursue the full patent.
Read "Patent Pending In 24 Hours" by David Pressman.
What he said!
I'm a patent attorney. Any specific questions?
It usually takes a little while to get a patent application written, but it can take years to actually get a patent after filing the application.
No, but I wish you success.
What happens if I want to patent a process to make patenting faster?
The first year provisional is relatively cheap, but later it costs more and international is major.
You need a patent attorney, and one that knows your field for the patent which may seem a dime a dozen but they don't always know the filed as good as you and claims are weird lawyer legalese.
Best idea is find a good trustable lawyer you can communicate with and that understands you and explains to you and more importantly listens to you and your questions.
And save your money for the fees. The more pages the bigger.
Initially, again, do the provisional where you don't actually have to put in claims. It gives you a year to file final patent and PCT (see www.wipo.org).
Your priority date goes back to the provisional application date so if you want to protect your IP now but aren't ready to file do the provisional.
And save money for fees.
Did I say to save money for fees? Lawyer fees and application fees.
And illustrations and other peripheral information has to be done in specific formats. You will have a chance to correct it if it is wrong, but you may have to shell out for professionals to do it.
Did I mention save money for stuff like this?
Filing the patent is easy.
My job becomes a lot easier. You only have to invent a process for making government employees work efficiently AND quickly. You'd be rich!
Seriously, I can answer any questions you might have about the process, about "provisional" and "non-provisional" and "PCT" patent applications, etc.
How much does a average patent cost all said and done.
Take him up on this.
It really depends on the technology you want to patent. The worst case is probably a complex software invention. A complex software patent application can cost upwards of $10k just for an attorney to write it. It costs around $500-$1k to file a patent application. Then, in most cases, the U.S. Patent Office typically rejects the patent application for one reason or another. Each rejection requires a response, and each response can run up to $1k or $2k. If the Patent Office agrees that you deserve a patent, it can cost another $1k for the Patent Office to "issue" your patent. Overall, it could cost up to $20k.
But, this is the worst case. Simpler inventions would cost less, and there are some things you can do to reduce the cost even further.
One thing I highly recommend is going to www.uspto.gov. Select "Search" under the "Patents" topic on the left hand side of the screen. Then, select "Quick Search" on either the left hand side or the right hand side of the next screen. The left hand side lets you search issued U.S. patents, while the right hand side lets you search pending U.S. patent applications that have not become patents yet. Type in a couple keywords describing your invention, and see if there are any patents or applications that show your invention. This won't guarantee that your invention is new, but it might let you know if someone else has patented the same thing or something similar to your invention.
bump to read later, out of curiosity ...
I've had an idea for a product but don't know what to do with it.
From what I've heard, it's almost a waste of time unless you have the backup/resources to do a lot of R & D, and actually make the product?? There's no way I can do that on my own.
Or should I just file for a trademark for the name I had to go with it, then try to sell the trademark?
Anyway, this should be a very informative thread.
But let me be a bit more specific. The item itself can't be patented. I have idea(s) about a process(es) that would make said item do something very differently. So I guess I'm asking is if I could patent the mechanism(s) that make the item do what I want it to do that's not yet done. Does that make sense? I can rattle off geekspeak like nobody's business. But I don't speak lawyerese.
A provisional patent application is good in that it gives you a year to find out if any company wants to buy your invention. Also, a provisional patent application is usually pretty cheap. It costs between $100-$200 to file it.
Provisional patent applications can take many forms. Sometimes, they look just like real "non-provisional" patent applications. Other times, they are technical specifications written by engineers, or write-ups and drawings done by the inventor. If you choose to do the write-up and drawings, I'd suggest having a patent attorney look over it to make sure everything is OK.
About your specific invention, if the item itself is old, you can patent a process for using the item in a new way. Also, if you have invented a new device for making the item do something new, the device itself may also be patentable.
I think you are talking about a "business process patent" or "method patent".
There are a couple downsides to a provisional patent application.
Basically, the provisional application is only valid for a year, and it is never examined by the U.S. Patent Office (meaning that it can never become a patent). In order to get a patent, you would need to file a "non-provisional" patent application within a year of filing the provisional application. The non-provisional application could eventually become a patent.
In other words, the provisional application just acts as a placeholder and preserves your rights for a year.
Just a general word of advice - in the U.S., you have a year after you publicly disclose an idea to file a patent application. "Publicly disclose" means you disclose your idea to at least one person without some form of confidentiality in place. If you don't file a patent application within that year, you lose your patent rights. But for most of the world, you lose your rights if you don't file an application before publicly disclosing your invention. So, if you hope to get a patent outside the U.S., make sure to file an application (either provisional or non-provisional) before disclosing your idea. Also, you're right, don't disclose much here.
Appreicate the reply. Very imformative. Thanks.