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anyone ever patent an idea? sell it?

hvtrimguy | Posted in Business on January 13, 2008 01:56am

I have an idea for a product and was curious how I should proceed in researching if it exists and if not patent , fabricate, market the idea. anyone out there ever do such a thing?

“it aint the work I mind,
It’s the feeling of falling further behind.”

Bozini Latini

www.ingrainedwoodworking.com

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Replies

  1. Fishrite | Jan 13, 2008 02:05am | #1

     

    Try contacting Mike Hart.  He has patented his idea and started a website to help other builders do the same

    http://www.buildersinventions.org

    Here is most recent thread:

    97206.1

    Good luck!

     

     

    "He said "Buck up baby, it's okay.  The sunlight on the floor will always fall."  ~ Sarah Harmer

     

     

  2. BuilderInventor | Jan 13, 2008 04:14am | #2

    Hello,

    Take a look at http://www.buildersinventions.org and you'll see a group of builders who have taken the plunge. You can contact me directly if you have any questions.

    Regards,

    Mike Hartrich

  3. maverick | Jan 17, 2008 05:37am | #3

    I have a patent for a motorcycle accessory. best to contact a patent attorney. you can apply for a provisional patent to protect your intellectual property while you do searchs and explore marketing feasability.

     a provisional will only cost you a small percentage of the real deal if you enlist an attorney. if you decide to not go any further, not much lost. 

    the provisional patent has a short life span. I believe it is 18 months, cant remember. after that anyone can take your idea if you do not apply for a patent

  4. User avater
    Lawrence | Jan 17, 2008 06:56am | #4

    Before you talk to anyone about it mail it back to yourself and keep the envelope sealed.

    That's an artist's copyright.

    YOu have now proved you had the idea...and the date you had the idea. It is up to someone else to prove they had it before you--patent or not.

     

    L

     

    GardenStructure.com~Build for the Art of it! Decks Blog

    1. docotter | Jan 17, 2008 07:50am | #6

      The "artist's copyright" you refer to (mailing the item to yourself) is usually referred to as the "poor man's copyright". It is generally considered to be useless in court, at least by itself, since it is trivial to fake it. As they say, the exercise is left to the reader.

      For an invention what is needed is a utility patent, not a copyright. If one is interested in obtaining a patent I'd highly recommend getting and reading a copy of "Patent It Yourself" by David Pressman (Nolo Press). Even if a lawyer is going to do the filing, it is a good intro to the process, and should save time, and probably money.

      The most bulletproof means of establishing the date of invention is to file a provisional patent. It's pretty easy, inexpensive, and gives the inventor a year to file the full patent application. Again, the Pressman book covers it.

      Some patent attorneys give individual inventors a break on rates, as does the patent office. Stay away from those guys on TV selling "inventor's toolkits" or other services.

       

      1. User avater
        Lawrence | Jan 17, 2008 08:01am | #8

        Positive steps in the right direction.

        People observe... People will let your ideas out of the bag. Back everything up. Mail your ideas to yourself. Mail a copy of your files with date created back to yourself.

        Get the utility patent... get the full patent.

        It's like chess... protect your most valuable assets.

        People will steal your ideas... protect yourself with every tool available.

        LGardenStructure.com~Build for the Art of it! Decks Blog

        1. wane | Jan 17, 2008 04:19pm | #9

          There is a simple form you should ask someone to sign before discussing it with them, it basically says it was your idea (and they can't tell some else??), can't remember what it's called, but someone here will let probably know ..

    2. DanH | Jan 20, 2008 03:15am | #12

      Mailing to yourself isn't counted as very good protection.  Better to get it notorized.
      If your view never changes you're following the wrong leader

  5. reinvent | Jan 17, 2008 07:39am | #5

    A word of advice from someone who knows.
    Getting a patent is the easy part. Marketing it and making money off of it is the hard part.
    Get a patent attorney. Be leary of companies that say than can help you sell your idea.
    You can do a patent search online.

  6. docotter | Jan 17, 2008 07:57am | #7

    To search for patents related to your invention try using Google patents. Performing a patent search is an important part of the process. Most patents are improvements on other ideas, which have also been patented. If you're going to file it's important to have references to prior art so that you can explain why your invention is different, better, and not predicted by the prior art. Other prior art references besides patents are good too.

    How to market? Depends on the invention.

    Oh, don't publicly disclose it or offer it for sale until after you've filed for your patent. Otherwise you flush your patent rights down the toilet.

  7. TJK | Jan 20, 2008 01:16am | #10

    A patent attorney is the only way to go if you are serious and can afford the process. Plan on spending anywhere form $2000 to $10,000 for a simple filing. The last time I hired a patent lawyer was in 1992, and back then the good ones billed at $375/hr. My company was on the receiving end of a patent dispute and it cost us over $40K before the case was resolved in our favor. The other company had its patent busted when we filed for a reexamination, even though they had spent a lot of money to file it and even more try to prosecute us for infringement.

    I hope you understand that getting a patent just gives you the right to file lawsuits against infringers. It doesn't guarantee you will ever earn a dime from your invention. Before you get too far along, please read these articles that explain why patents are generally a bad idea for individuals and small companies:

    http://www.tinaja.com/glib/casagpat.pdf
    http://www.tinaja.com/glib/when2pat.pdf
    http://www.tinaja.com/glib/bustpat.pdf
    http://www.tinaja.com/glib/patnthor.pdf



    Edited 1/19/2008 5:17 pm ET by TJK

  8. DanH | Jan 20, 2008 03:14am | #11

    I hold about a dozen patents, but they're all through my employer.

    Gotten pretty good at doing writeups, but you still need an attorney to translate into incomprehensible legalese.

    If your view never changes you're following the wrong leader

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