Applying for a Patent - Has Anyone Done This Here?

[coolpool]

Hi folks, I'm looking for some info on the pitfalls of applying for a patent besides what a patent lawyer will give you; from the grass roots level if you will. If you have some experience in this regard I'd appreciate any advice.

[TeamGeek6]

Hi folks, I'm looking for some info on the pitfalls of applying for a patent besides what a patent lawyer will give you; from the grass roots level if you will. If you have some experience in this regard I'd appreciate any advice.

Been there, done that. Invented the things, wrote and filed the Patents Pro Se (as my own attorney) and received FOUR of them, including one International Patent (had to hire an Attorney to file that one)

First, read this (General INformation Regarding Patents and Trademarks):

https://www.uspto.gov/patents-gettin...erning-patents

Then hang on, this gets rough.

FIrstly, realize that when you intend to file for a Patent, you are claiming to have more knowledge on a topic than anyone else in the world, and are about to TEACH the rest of the world about this topic.

Its an awful big problem...

1. Make SURE that what you have is of a significant benefit to the Public. If it isnt, then its a HOBBY of yours and I wouldnt waste $10,000-50,000 on it, depending on whom you hire (or dont) to file the Patent application. That figure will include periodic Maintenance Fees of thousands of dollars. there is no way to patent an "idea"- thats just mental energy. The idea must be "reduced to practice" and that means someone could actually make and use it.

2. ITs roughly $1000 to file yourself, 3000-10000 to hire an Attorney (and the ones that charge 10,000 hate the ones that charge 3000 for doing the same thing)

3. THe Attorney generally has little to no idea what youre talking about, its YOUR invention, hes never see it before and doesnt know what it does or how it works. You have to es' splain it to him.

4 YOU must know enough about the process and your INvention to catch and correct mistakes the Attorney may make.

5. There are no do-overs. Once its filed, thats it. It must be right the first time.

6. Your Application will be filed and disclosed WORLD WIDE so if its anything really valuable, request Non Publication of the Application to keep it quiet for a longer period of time

7. If its a good idea and a money maker, rest assured, someone in the US or China will try to make it in China and dump it on the shores at LA or Seattle. I personally know an Inventor that happened to (Petersime, ceiling fan air freshener_Lowes stole it and had it MADE and in their STORE a couple WEEKS after he received the Patent. I saw it.)

8 UNDER NO CIRCUMSTANCE EVEN TALK TO AN "INVENTION SUBMISSION COMPANY OR INVENTION PROMOTER" they are nothing but thieves and con-artists. The Patent Office went Public years back stating more or less the same thing.
Do NOT "submit" to a manufacturer or anyone else. If YOU have the Patent, you OWN it totally, THEY may "submit" to YOU and if they are really nice, you might agree to License it to them. Dont let them play you, because they will...

9 Patent attorneys, despite all their claims, have absolutely no clue about computer security. DO NOT NEVER EVER FOR ANY REASON Email anything important to them. US MAIL OR PERSONAL DELIVERY ONLY. I saw proof that an Attorney in ID, whom we had talked with, had been hacked... and if I had given them info in Email, the Hackers would have had access to it.

10. In some cases, the Attorney is just a Lawyer. SOme of them are also Engineers. If you want, try to hire one that has engineering experience in the kind of thing you want to Patent.

11. A good Attorney, but slightly crooked, can get something thats not Patentable through the PTO and get a Patent issued, Ive seen it happen. They "baffle them with BS" which means they throw a lot of material at the Patent Examiner to overload them.

12 Beware of ghost writers (ghost 'attorneys'). There are people out there that Attorneys hire to 'do the work' and the Attorney basically rubber stamps it. I caught one and when I told him I knew what he was doing, he refused to talk with me again.
They are a security risk/ This is why the Gummit and big Corps hire attorneys, to keep it all in -house.

13. If you dont intend to sell it, it may not be wise to Patent it. If you do Patent it, realize that a Patent does NOT prevent someone from stealing it, it just gives you legal standing to sue them if and when they do.

14 If you plan to make it, dont reinvent the manufacturing facility. Theres someone out there, somewhere, that already makes something similar, try to hire one of them, but make SURE they understand that no right of ownership in the Patent is being given to them, they are just going to be hired to do manufacturing

15 Almost anything that can be Patented HAS been. Its an awful big challenge to come up with something really new. Most Patents are on improvements.

16 Go to the Patent Office website and study the Patent Examiners Manual, its dozens of pages of ugly reading, but it describes the process the Examiner uses to examine your Application. Very informative!

[TeamGeek6]

and PS, patent searches are not required by Statute. Its a good idea, but not required. A Patent Search may show that its already been done, or something very close.

[TeamGeek6]

OOPS, sorry, I hosed that up, I didnt see that you are in Canada. Laws in canada may be different, I wrote being in the US. The Patent systems world wide have been or are being harmonized so processes are somewhat the same. All the above would be correct if you file in the US.

[fabiodriven]

Any questions Pete? Lmfao!

[El Camexican]

Started one this morning using our lawyer. He does a search first for about $1,000 to see if it's been done and if not the next step is to see how strong a patent would be. You can get some pretty feeble ideas patented, but if a bigger fish comes along and challenges your patent you're looking at 60 to 250K to defend it and if you lose I believe the other guy can go for costs and even damages.

I've only been through this a few times, but if I could offer any advise it would be to ask your lawyer how strong the patent would be, because if a few simple non-critical to function changes can be made to you concept that would circumnavigate your patent it's not worth doing.

If you do proceed and need "it" banged out overseas, let me know and I can set you up with reputable people.

[coolpool]

Wow my head hurts. I don't expect much difference between Canada and the US in regards to legalities, lying, cheating, BS and general hosing of money. What a scary experience! Thanks for all the info folks, I'm going to re-think this one!

[TeamGeek6]

if a few simple non-critical to function changes can be made to you concept that would circumnavigate your patent"

False statement. If its not funcitonal, it cannot be claimed in a Utility Patent.

[El Camexican]

if a few simple non-critical to function changes can be made to you concept that would circumnavigate your patent"

False statement. If its not funcitonal, it cannot be claimed in a Utility Patent.

One of our patents involves a method of fixing a device to an object in order to mark it. The idea of marking the object wasn’t new, but the clamping method was. Since that time others have come up with different clamping methods to do the same job and according to the lawyer it’s all legit. In the end our competitors came up with a way around our patent to achieve the same result. I’d call that circumnavigation, but maybe my verbiage is wrong.