How does a Patent work? Should I get one?

[CAMAROBOY69]

I am working on a product that I will start selling. Should I get a patent for it? I dont want someone to copy this and take all the credit. Same with a couple of my other ideas too.

[BAD6SPD]

I hope you have deep pockets, as aquiring a patent nowadays is extremely expensive.....

[CraigMorrison]

We spent around $10,000 (working with patent attorneys) to obtain a patent for a part. It protects that exact design, but it doesn't prevent somebody from taking it and improving and/or making a design change shipping it off to China and mass producing them for 1/3 of your cost. People can still copy your patented item, but to enforce the patent you are going to have to fork over the $$$$$ to hire lawyers to go after the scumbags that infringe on your patent.

Like the UN, patents were a good idea and used to work. Now not so much.

[CAMAROBOY69]

I knew there was loop holes around other peoples designs so thats why I never even considered getting a patent. I definetly dont have deep pockets so I wont even worry about it. I will just sell them and let someone else besides myself appreciate the products.
Ok thanks a lot guys. Thats all I needed to know.

[Steve Chryssos]

You spend alot of money with lawyers. They take their sweet ass time building an abstract, generating drawings and filing the app--at which point you are patent pending. Then you wait.

So far I've made it to the patent pending stage. Remember that all of your work and expense getting filed in no way guarantees approval. And if you do get approved, be prepared to spend more money defending your patent.

Then someone rips you off, so you sue. Lawyers for both parties play golf together, get rich off your grief, and then you wonder why you bothered. Or better yet, someone rips you off, changes one design element and gets a patent of their own.

Or at least that's how I think it works. How'z that for words of encouragement?
/Steevo

http://www.uspto.gov/

[toddshotrods]

Ditto, what they said... I have considered it many many times, and decided against it every time. The biggest reason it what Steve said:

...Or better yet, someone rips you off, changes one design element and gets a patent of their own.

There are very few ideas that can actually be adequately protected by a patent these days. I have thought about filing the paperwork myself, just to use "patent pending" as a theft DETERRENT sticker on my products. It'll scare the amateur crooks and honest people away, but a real theif is gonna go for it if he sees dollar signs in it. It doesn't matter if you have the paperwork right because you just want the right to use patent pending. By the time the government finally gets around to telling you the paperwork isn't right it will have served its purpose.

I have many, but have shelved most of my ideas until I have the funding to go off the high dive with them. You have to hit the market hard and strong, make your money, and establish yourself as a leader before the copycatters jump on the bandwagon. Then you have the option of duking it out or selling the product and/or company.

[4MuscleMachines]

Then someone rips you off, so you sue. Lawyers for both parties play golf together, get rich off your grief, and then you wonder why you bothered. Or better yet, someone rips you off, changes one design element and gets a patent of their own.

/Steevo

http://www.uspto.gov/

What Steevo said rings so true to me. Before you get ripped off by the copy cats who want to significantly change it and sell it, the Lawyers already gave it to you from behind.

[Jim Nilsen]

From my experience at a small company I worked for there are 2 kinds of patents. One is a design patent which is the easiest to infringe on and the other is a utility patent which places you in a specific market place with possibly a like product somewhere else . Either of them is hard to enforce without thousands of dollars but the right idea can get you long term job supplying the product to some other company that has millions to help you or you can struggle along small scale and make a living if you are lucky.

The company I worked for came up with the idea of dock lights to guide trucks into hard to see dock bays. Rite hite dock leveler company saw the idea and wanted to sell them but since the company I worked for only got the design patent and not the utility pantent also it kind of screwed the company I worked for to sue for the rights and the $$$. What did happen was rite hite couldn't produce them cost effectiveley and decided to have the company I worked for to make them. It worked out that the marketing part was done for the company I worked for and we could concentrate on making them.

That company still makes them and there are several other companies that also make them now. The big key to it all is having something that no matter what happens people want your design for what ever reasons. Quality is one of the biggest. If the product last longer and works better and you can do it for less money you will kick ass on anyone.

I have read many times that some people have been successful to a point that they have contacted a large corporation and recieved a one time payment for an idea just out of courtesy. You don't get much but if you have a provisional patent filed you can cause them enough problems with a good and hungry lawyer to delay things enough to hurt them if they have to drag their feet which makes it worthwhile to pay.

It is a very discouraging thing and international patents are a discussion for polititions to argue over these days right along with international government.

The best thing is to make what you want and sell it and hope someone doesn't sue you for infringement and make you stop producing. This all sucks in a world that is supposed to be free enterprise.

I have only some experience with this and hope this helps relieve any discouragement. I know that I have had many ideas that others have had at the same time and it is amazing how those people never got rich from them but hey made an impact and recieved a little income from them for awhile.

The guy at 3m that invented teflon at least had a lifetime job out of it bacuase he had the foresight not to throw away the failed experiment while trying to do something else for them.

So just make it or find someone else to do it and hope they are nice to you is about all you can expect. A government contract for something new and completley different like the kid who invented the underwater talking device sold to the government and Toys are us that is sold for $10 is a great example of being there at the right time and place with the help of greedy people at your side.

Jim Nilsen

[Modo Innovations]

I don't know if this is true but I have heard that WD 40 does not have a patent on it. The reason, if you have a patent on something, you have to supply the patent office with drawings, chemical make up, etc. of what makes your product different. When a patent is granted that information is public. I have also heard that a patent is only good for 20 years. If that is the case,someone could manufacture the exact same product after 20 years under a different name. I also have heard that you only have to change something by 20% to get out from under a patent infringement.

My 2 cents,
Shannon

I am going to put a patent on my 67 camaro so no one else can have one like it. :rolleyes5

[Steve Chryssos]

Yes that's true. You must reveal a significant amount of information including specs, suppliers, etc. which becomes public knowledge.

[kmcanally]

I have worked on patents and have seen lots of money spent on them. From an economic point of view the basics are:

1. Understand that the cost of the patent puts you much further into the
hole before you reach the break even point. For an everyday guy that
wants to run a small business part time on the side this is hard to
justify.

2. If you decide to spend the dime on a patent then you should also be
prepared to spend the dime on protecting the patent.

[MrQuick]

dude just build it, produce it and get it out there...after you get it out there promote the crap out of it...everywhere. you should make enough money before anyone catches on. Alot more money than if you did it the right legal protected way.
Side note...Frank, is there something you want to talk about...( in response about your avatar)

[harshman]

And then someone like (makes up some fake name with innuendos attached) Fast Tech can copy it and sell it right out from under you. But we shouldn't go there now should we?

[BuddyP]

Tell me what it is and I'll let you know whether or not you need a patent!

[MrQuick]

Lol