yep, I got an idea that I'd like to patent and am just seeking some advice, tips, hints, and short-cuts-- esp. those that will save me time and money. I'm seeking the input of those of you who have patented something on your own, or are perhaps patent attorneys. I have previously investigated patenting something I came up with (related to some art I do occasionally), and had a preliminary patent search done. for what I got out of it, it was damned expensive. I already know about doing a search at uspto.gov and I'm sure I could do a Google search and come up with some good websites, but I figured I might ask for the input of anybody on s2ki with experience in this.

my previous experience was that I found the attorney's fees quickly ballooning larger than his initial estimate and he finally dropped the issue (and me as a client) when I straight up asked him what about my particular idea made it so much more complicated/expensive than the inventions he assisted in procuring patents for that cost around the estimated price he gave me initially. of course, he couldn't answer that, and so stopped sending me bills*.

anyway, briefly, my idea is very simple in design, with just a few moving parts. your input (from experience or vocation) is appreciated.




* - and since I can't stand people who try to scam or deceive me, I have NO qualms saying publically for anybody in the Bay Area seeking patent protection to AVOID Atty. Joseph L. Strabala of San Francisco. (and yes, although I haven't gone into all the reasons here, my reasons are valid. I just don't care to side-track this thread.)

 

[QUOTE]Originally posted by tritium_pie
yep, I got an idea that I'd like to patent and am just seeking some advice, tips, hints, and short-cuts-- esp. those that will save me time and money.

 

Ben, seriously I filed for patent for a formula a few years back. The patent attorneys sucked me dry. Before you decide to file ask yourself this... 1. which market do you want to be protected? I've learned that both Taiwan and Thailand do not honor US patents. If it's a simple design, you can research yourself the design at a US patent office. Save $$$ there. 2. patent searches can last for years. Is your design worth patenting? Ultimately you will need to spend $$$.

 

really? you patented that baby formula? but all the infants you tested it on spit it up and a few started convulsing. no offense though... I thought it was kinda tasty for a minute, until I had to be defibrillated.



j/k

seriously, in all likelihood, I'll only need protection in the US market. and it is very simple, so I will be checking out uspto.gov... but my god their search engine is total crap.

the patent search for this item I would expect to take very little time. it's quite simple and straight-forward.

I'm not 100% what makes something worth patenting, but I do know that it is easily manufactured and it'd really suck for some other company to patent it out from under me.

 

Hey Benjamin,
I have a patent pending on a suspension design. I think the best way to do it is to file for a "preliminary patent" which is good for 1 year. You can use this period to improve or enhance your design without any penalty. The other advantage is that it's considerably cheaper than going straight for a Utility Patent.
After the year is up, you can convert it to a Utility Patent and also a Worldwide patent at the same time.
If you want, I can give you the name of my patent attorney.

 

Try picking up one or more of the "cliff notes" type publications that law students use to study for finals in their Intelectual Property class. These will give you some in-depth insights into patent, trade mark, copyright, and trade secret law. They are no substitute for a liscensed patent attorney, but they will help you understand the law and the process.

My firm just won an award for the best national IP litigation department in the country. We litigate patent disputes. We do not prosecute patents with the PTO, so I couldn't really help you there. I agree that it is very expensive for an individual to prosecute a patent.

If it helps, try to envision the patent examiner's job at the PTO. The PTO will not allow a patent that infringes on anything that is already patented. Whatever you have designed, I am sure there are things out there that are like it, perhaps in other applications or fields. You can still get a patent, if you can show some uniqueness to your application, process or design etc. However, the application process starts with your attorney trying to write the application as broadly as possible to get you the broadest possible protection. The PTO then typically rejects the application for a variety of reasons. But the PTO is understaffed and they do not spend their time trying to help you re-write your application. They may even reject your application for the wrong reasons.

Your attorney then re-writes the application, making it more specific in ways that avoid the existing patents, but tries to give up as little as possible. This "back and forth" with the PTO can go on for months or years. Sometimes, the effort just fails.

Please remember that if the attorney doesn't do his or her best to get you all the protection possible, you will probably be talking to another attorney about malpractice if someone successfully uses your idea without paying you royalties because your patent was too narrow.

I'm not trying to defend any other attorney one of you have had a bad experience with. I'm just trying to explain why it is so costly to try to get the patent. I hope this helps.

Bill

 

thanks for the input guys.

speeeding, if you're happy with your patent attorney (their efforts justify the fees, etc.) please do PM me their name and contact info.

Legal Bill, thanks for the information and bit of insight into the process. re: my former attorney-- without going into boring details, I had just requested a preliminary patent search and actually brought in a prototype of the item. I had been in contact with other attorneys but this guy's estimate was a fair amount less than the others. next thing I knew, with no valid reason, the fees were to exceed the estimate by 100%+ (double+), in which case I should've just gone with an attorney more local to me (he is in SF, I live in the East Bay), esp. since they were obviously more honest with the fees I could expect to pay and wouldn't attempt any sort of bait-n-switch crap.

Atty. Strabala was deceptive and dishonest, beyond a shadow of a doubt.

 

PM sent tritium. Good luck.

 

reviving this thread

Matt, I'll be contacting the attorney's you PM'd me a while back, but the fact that they're all the way in SF (I'm in the East Bay) kinda dissuades me. of course, if they're good (and fairly priced), I'll go with them.

but, if anybody knows any good and fairly priced patent attorneys in the East Bay (of SF, Ca.) please PM me. I've finally got my ducks in a row and I'm ready to talk to someone, preferably more local to me.

thanks in advance.