1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Who here has filed for a patent and should I?

Discussion in 'BlackHat Lounge' started by 67731, Jun 1, 2013.

  1. 67731

    67731 Regular Member

    Joined:
    Aug 27, 2011
    Messages:
    231
    Likes Received:
    47
    Occupation:
    SEO TECH - Looking to work for myself. . .
    Location:
    Las Vegas NV
    So while working. . . I started to think of this cool product that I would love to have, and it turns out no one makes it and there are no signs of it....

    So I go to thinking what it would take, and the best part is that all the tech is out there is really just needs to be placed together and some custom programing to make it all work...

    The question is, should I file a patent or not? If you have ever filed one maybe you could give me a few pointers as I am doing research now but I am a coder and legal paper work seems like greek to me.

    I have found some basic blueprints to draw on and after that I will start to type out what it does and how it works. Even if I cant patent this, I am still going to build it and see if I can get a programer to help out with some of the software side of things.

    ----
    I know BHW is an odd place to post about this, but I am guessing there are one or two business people around here
     
  2. Ste Fishkin

    Ste Fishkin "I'm watching you.." - Apricot Jr. VIP Premium Member UnGagged Attendee

    Joined:
    May 14, 2011
    Messages:
    1,832
    Likes Received:
    8,690
    Occupation:
    Rands Sex Slave
    Location:
    England
    If you don't have $15,000 sitting around and 2 years to wait don't bother.
     
    • Thanks Thanks x 1
  3. 67731

    67731 Regular Member

    Joined:
    Aug 27, 2011
    Messages:
    231
    Likes Received:
    47
    Occupation:
    SEO TECH - Looking to work for myself. . .
    Location:
    Las Vegas NV
    No shit!

    $15k just to file?
     
  4. Ste Fishkin

    Ste Fishkin "I'm watching you.." - Apricot Jr. VIP Premium Member UnGagged Attendee

    Joined:
    May 14, 2011
    Messages:
    1,832
    Likes Received:
    8,690
    Occupation:
    Rands Sex Slave
    Location:
    England
    I believe its $5000 to file, but that is a waste of money unless you get legal advice on the best way to patent your product or idea.

    Patent lawyers are among the most expensive. $15,000 is a 'typical' ballpark figure for a worldwide patent.
     
  5. Zapdos

    Zapdos Power Member

    Joined:
    Oct 22, 2011
    Messages:
    597
    Likes Received:
    708
    Location:
    Eastern North Carolina
    If you think Google, Apple, Sony, Samsung or others who frequently sue for patent infringement may eventually infringe on yours, go for it.
     
  6. Techxan

    Techxan Elite Member

    Joined:
    Dec 7, 2011
    Messages:
    3,093
    Likes Received:
    3,585
    Occupation:
    Local SEOist
    Location:
    TEXAS (you have to yell, its the law.)
    I looked into this once and you can do this yourself. The information below is based on what I found out 5 years ago, and may have changed.

    A lawyer is NOT required. The patent office is specifically instructed to help people file for a patent if they are doing it themselves.

    Here is the problem.

    You have to research your idea and prove that what you have is unique, that no former product uses part of what you are patenting, and that your idea is patentable. For instance, you cannot patent an electrical circuit, or an intangible, or anything already in the public domain.

    If you design your product on an older product, you must prove that the patentable part of your invention is unique enough to not be considered "prior art."

    There are also a lot of legal terms that do not necessarily have the meaning when it comes to patents (and the law in general) that the lay person thinks they do.

    Because any one thing in this list will cause your patent to be refused, a lawyer is just about a necessity.

    A further problem is that even though there is no product on the market, that does not mean that someone has not already gotten a patent, and prior art can bite you in the ass in this case. (Prior art killed my great funnel invention). The patent office gets REALLY pissy if you file a patent and there is prior art.

    In most cases, using a lawyer is necessary. but some para-legals also do this work, and may save you money.

    Also, having a professional do the prior art research is better, searching is an difficult task unless you understand the various terms and categories in the register of patents.

    Even filing a patent incorrectly can get it refused, Motorolla once got a patent denied because they did not provide a photo of the back of the TV in the submission. All your "T"s must be crossed and your "I"s dotted. Miss anything, you lose the filing fee.

    If what you are doing has real commercial product possibilities, you want to use a lawyer to be sure all your paperwork in right, and your protections are in place.
     
    Last edited: Jun 1, 2013
  7. WizGizmo

    WizGizmo Super Moderator Staff Member Premium Member

    Joined:
    Mar 28, 2008
    Messages:
    3,833
    Likes Received:
    55,431
    Some items are patentable and some are not.

    Also, there are several types of patents:

    - Utility Patents
    - Chemical Patents
    - Plant Patents
    - Software Patents.
    - Design Patents (the weakest form of patent)

    To be granted a utility patent, you need to prove that your item is
    completely unique and that it has a novel finction that is not available
    in any other existing item. The only way that this can be done right is
    to hire a Patent Attorney to perform a patent search. You also need
    to get professional Mechanical/Patent Drawings done, and yes, it
    will cost a considerable amount of money.

    The only other options are:

    1) Approach manufacturers and get them to sign a Non-Disclosure
    Agreement before you show them the idea. However, it is always
    a risk. I was burned by the Hershey's Chocolate Company years
    ago for a candy idea they ripped me off for after getting them to
    sign a Non-Disclosure Form.

    2) Manufacture the product yourself. Of course that means you need to
    finance it yourself or get investors. There are "crowd funding" sites online
    where you can get people to invest in your idea (if it is good).

    Here is a short list of Crowd Funding sites (Ripped from Amish Shah) :D

    KickStarter- The Kickstarter funding model is an all-or-nothing model.You
    set a goal for your raise; if your raise exceeds the goal, you keep all the
    money, otherwise your supporters don't pay and you don't get anything.
    •
    StartSomeGood.com - is great for early-stage social good projects that are
    not (yet) 501(c)(3) registered nonprofits.StartSomeGood uses a unique
    "tipping point" model for fundraising.
    •
    Indiegogo.com: Indiegogo allows you to raise money for absolutely
    anything, using an optional "keep what you raise" model with higher fees
    or pay less to use an all-or-nothing funding approach.

    Best of Luck! :)

    "Wiz"
     
  8. Ste Fishkin

    Ste Fishkin "I'm watching you.." - Apricot Jr. VIP Premium Member UnGagged Attendee

    Joined:
    May 14, 2011
    Messages:
    1,832
    Likes Received:
    8,690
    Occupation:
    Rands Sex Slave
    Location:
    England
    and doing that is very difficult.

    The lawyers do earn their money.
     
  9. 67731

    67731 Regular Member

    Joined:
    Aug 27, 2011
    Messages:
    231
    Likes Received:
    47
    Occupation:
    SEO TECH - Looking to work for myself. . .
    Location:
    Las Vegas NV
    Thanks everyone for the insight, I will be doing the drawings this week and will have to think over the patent part.... I think its a good idea and the people I have talked to love it...

    In any case I will be trying to make one even if its just for me, but in the idea of getting it out to people I might think of kickstarter or even going to a company if the patent become to hard or ends up costing more than I have.


    I did spend an hour searching the other patents and I was amazed of the stuff I found.


    Sent from my Nexus 7 using Tapatalk 2