Patents; Who Has Experience With Them?

 
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Old 01-25-2007, 05:11 PM   #1
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Patents; Who Has Experience With Them?


Patents; Who has experience with them?
I have one major and several other minor ideas which I have done research on to ascertain their viability. (Not scientific research or consumer polls). One idea is a safety device that would need to be regulated by OSHA.

Has anyone here done this sort of thing before?

I want to make a prototype of this product, but have read that once it is in actual usage, even during experimental stages, it initiates the clock on your rights.

I have design sketches.
I have researched similar but not the same products on the internet.
There is a substantial market for this product.
No insurance liability issues have been researched.

I have the concept for the safer and more functional "mouse-trap", so to speak. I do not have the knowledge though, about what to do first and then to do next and so for, etc.

I am leary of the on TV patent advertisers.

I am a small contractor, with very very limited capital for production and marketing.

I hate to just see my stuff just sit in my desk drawer year after year. I really want to follow through and do something about it now.

Any helpful suggestions? pm me if you think your discussion with me should remain private and we can exchange e-mails.

Thank You All in Advance,

Ed

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Old 01-25-2007, 05:49 PM   #2
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Re: Patents; Who Has Experience With Them?


Stay away from all of the 'patent gurus' on the TV or web.

Get a 'Confidential Disclosure Agreement' and have it signed before discussing you're widget with ANYBODY. I think that I posted one here a long time ago.

The old mail yourself a copy doesn't really carry much weight but can be somewhat helpful if you end up in court.

Go to the 'Patent Office' http://www.uspto.gov/ and read how the descriptions are written. You want to be comprehensive in a lot of areas.
Say that you are inventing the pole sander. You don't say that the pad is connected to the pole with a double-hinged joint. In patentese it would be 'a flexible joint capable of a 180* arc and 360* rotation.'. That keeps somebody from replacing it with a spring or ball joint and circumventing your patent.

You can do it all yourself if you have the time. I know of a few who did and it took them 3-9 mos. of their spare time but it should go faster now with the I-net. You might also want to contact a patent attorney, look for one in the DC area.

Inspect you're widget from all angles, especially manufacturing and marketing. A lot of people have good ideas but they are just not economically feasable. Also, anything dealing with people has to have solid engineering data behind it.

There's a lot more but this post is getting kinda wordy.
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Old 01-25-2007, 07:54 PM   #3
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Re: Patents; Who Has Experience With Them?


I pm'd you about looking for the "Confidential Disclosure" Agreement. I have not found it in past posts yet, only a reference that if you could figure out how to scan it in with the OCR, you would be posting it in the near future. That was from 2-25-05, so if you or anyone else has one available, please PM it to me, and we'll trade e-mails.

Thanks,

Ed

PS. I also PM'd Glass the same, since it seems he was up to something similar at that time. (Not similar product idea, just Patenting)
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Old 01-25-2007, 10:07 PM   #4
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Re: Patents; Who Has Experience With Them?


Just send me a drawing and an explaination on how it works and I will tell what you should do from there. Seriously though get a patent lawyer.
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Old 01-26-2007, 12:13 AM   #5
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Re: Patents; Who Has Experience With Them?


I e-mailed a patent attorney, who was referred from a member of atother similar forum.

I want to try to do as much of the pre-stuff legwork to avoid legal fees for the stuff I may be able to do myself.

I appreciate anyones useful comments very much though.

Thank You,

Ed
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Old 01-26-2007, 01:54 AM   #6
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Re: Patents; Who Has Experience With Them?


I studied for the patent bar and took the test. I didn't pass because the topic became very boring quickly and I just didn't have my heart in it.

One thing I did realize is that it is a long expensive process to get a patent, and all a patent does is allow you to sue someone who you think is infringing (also an expensive process). After the patent expires, it becomes public domain. Also, if the idea is easy to design around, meaning if someone copies your idea, but can make just enough changes to be different, you have no patent protection. There are tons of examples out there. Many items that claim to be patented have design patents, which cover only how something looks, and are easy to get but for the most part not that valuable.

Stay away from the TV invention guys.

Consider that the only reason to patent something is for commercial purposes. If you invent something that has no interest, or sell value, it is useless and a patent is equally as useless.

OK, is the item something that you can get to market, make a bunch of money and get out before the knock off artists sell their own version? If so, that is the way to go, because the exact same thing will happen to you with a patent, a bunch of knock off artists will produce something, and how do you bring some rip-off chinese company to court for your patent infringement? It's not easy. Weed-eaters were never patented. They made money.

Of course, a wiley patent attorney makes his money prosecuting your patent (filing and making sure you get patented), so he is not likely to tell youto skip the patent, go to market, make a bunch of money and retire.
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Old 01-26-2007, 02:18 AM   #7
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Re: Patents; Who Has Experience With Them?


Bryan,

Thank you for the detailed response. Yes, the product would have many uses and would be very effective for the end user both in terms of productivity and safety.

Ed
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Old 01-26-2007, 05:01 AM   #8
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Re: Patents; Who Has Experience With Them?


Ed,

Have you considered working with an existing manufacturer of roofing products. Maybe a royalty basis, or something. They have the manufacturing, marketing, distribution, and retail systems already in place. You may make much less per unit, but would sell many more, and would have no real work to get it going. Letting someone else hold the liability for the product is a consideration.

I have a good relationship with a manufacturer of pump jacks, and other roofing/siding tools. I brought an idea to them, thinking it was a great idea. They knew exactly what I was talking about, told me who was already making them, and that they do not really sell. They also told me that many of their products and improvements were from guys in the field, and they do compensate for ideas.

So it you think you may want to work with them, or at least discuss the potential relationship let me know, I will give you contact info.

Kevin
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Old 01-26-2007, 11:36 AM   #9
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Re: Patents; Who Has Experience With Them?


I posted the CDA in fileswap (business). Even if you don't decide to go for a patent, with one of these signed everyone will think that you are and you can discuss your widget with others.
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