Is it hard to get a patent?

   / Is it hard to get a patent? #1  

blueriver

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Anyone ever had something they wanted to Patent ... or have you gotten a Patent.

Is it a difficult task?
 
   / Is it hard to get a patent? #2  
Anyone ever had something they wanted to Patent ... or have you gotten a Patent.

Is it a difficult task?

I've got about 20 of 'em....and a few trademarks. Several kinds available....and they have changed some of the patent law in the past years. Now, instead of document disclosure you can file a provisional patent which allows a time period to file for a more formal patent.

Then their are design, process, utility and trademarks (and I'm sure I musta forgot others) types of patents. You can read LOTS on the USPTO website. And I suggest you do that prior to visiting an attorney.

A good patent attorney and a solid invention is the key. Like most things, the first one you do is more challenging.....and you get a better understanding with more filings.

Finding a GOOD, AND REASONABLY PRICED patent attorney is more of a challenge.....but most of the ones I worked with seemed good. I picked smaller operations (1 to 10 man outfits) to work with.

These guys can do all the work for you if you have deep enough pockets.

I would steer clear of the heavilly advertized outfits you see on tv or magazines that want to "take your idea to industry". The "patent mills" are not in your best interests IMO. DO a face to face interview with a patent attorney.....and make sure you trust the guy and he likes and wants to work on your idea.
 
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   / Is it hard to get a patent? #3  
It is not real difficult, you will need drawings and a description of the product. It does cost money. Be careful about some of the TV adds most are scams. I have several with my name on them, but have never applied myself. I will ask the inventor I design for to give me the details.
 
   / Is it hard to get a patent? #4  
Anyone ever had something they wanted to Patent ... or have you gotten a Patent.

Is it a difficult task?

One thing to watch out for is blanket patents, ie. patents written with just enough detail to be accepted. Then used to keep the competition in lawsuits.

An example would be company A gets a patent that allows a PC to control a specific type of machine. Even though PCs are already commonly used to control many types of machines. Company B gets a patent that uses the PC with a dedicated motion controller to get around this and calls it art. Then company C takes another variation and etc.
 
   / Is it hard to get a patent? #5  
If you don't have money to defend your patent, and its an easily copied design, don't bother. Just a waste of money. If you market it without a patent, make sure you documented when you came up with it so someone else with more money can't patent it and shut you down.
 
   / Is it hard to get a patent? #6  
If you don't have money to defend your patent, and its an easily copied design, don't bother. Just a waste of money. If you market it without a patent, make sure you documented when you came up with it so someone else with more money can't patent it and shut you down.

Very good advice, if you're just trying to protect the idea & keep the rights. Be aware that US patent law is changing from first to invent to first to file, so I'm not sure you'll have any recourse on a claim if you don't file first.

Bucky Fuller obtained patents to get street cred' for himself, not to protect the ideas. It all depends on what you're trying to accomplish.
 
   / Is it hard to get a patent? #7  
Anyone ever had something they wanted to Patent ... or have you gotten a Patent.

Is it a difficult task?

My experience is to design, build, market and sell asap. You can almost never get a patent that another guy cannot knock off just by changing a couple minor things. Ken Sweet
 
   / Is it hard to get a patent? #8  
My experience is to design, build, market and sell asap. You can almost never get a patent that another guy cannot knock off just by changing a couple minor things. Ken Sweet

The trick seems to be marketing.....at least in my experience. Developing a good product and BRAND ....and then making that brand a sought after product may be the most important element of success. BTDT :)

After a short time....if you succeed.....the jackals will be nipping at your heels. Count on it. Hopefully you have done your homework correctly along the way.
 
   / Is it hard to get a patent? #9  
My experience is to design, build, market and sell asap. You can almost never get a patent that another guy cannot knock off just by changing a couple minor things. Ken Sweet

Had a patent pending but did exactly what Ken stated above, 7yr run on the medical product and recently sold the rights, closed the business and walked away. Nice thing was we made money from the first day of marketing until the very last day.:)

idaho2
 
   / Is it hard to get a patent? #10  
I had a friend and neighbor develop a nice ag related product about 10 yrs ago. Before he came to see me for my opinion, he had already hooked up with a patent lawyer and I was required to sign a form stating that I would not copy or use any part of what I was about to see to make a similar product. I looked and evaluated the prototype and gave him the same advice I mentioned earlier. He chose to follow his lawyers advice and 4 yrs later he presented his patented product for sale. By wasting time with the patent process, he missed the window of opportunity he had for that particular product. Never made a dime. Ken Sweet
 

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