Patenting an Idea?

[BHD]

Thanks guys,

I was informed by a attorney to day that even if the idea (device), is used in other parts of the world, even if there is no patent on it, here or there, because it is a used device the chances of being able to have the concept (device) patented would be very unlikely.
and there is nothing special on it to protect, and in my mine making something or part special would most likely reduce it reliability or rugness.

about the only thing I see left is to manufacture them myself, or hire someone to make a few, , and then go and market them to resellers or direct to the cattle men my self, and at my point in life that is not a big desire,
and do that until some other large company catches on and builds them them self,

 

[dnw64]

I've had several ideas that I've thought to (and had friends/family encourage me to) seek a patent for. I've never even taken them to the level of posting for advice on a public forum, exactly because of the responses seen thus far (a result of my internet search for advice of same).

Sorry to hear your hopes dashed, but at the least, you didn't spend hundreds of hours and thousands of dollars first.

 

[dragoneggs]

shooterdon's advice is spot on.

I have been involved in a few patents (aircraft fasteners). Sounds like if the design is already out there on the net you are probably wasting your time. If there is something novel in the design or process, put some sketches put together, sign, date and have it notarized or at least signed by a witness.

I agree in approaching a company or two and get a NDA in place with the CEO or other company executive before sharing. If they see an ROI (return on investment) they likely would foot the bill for the patent attorney and development. If not, you aren't out $15K trying to patent it and once that's done.. then the tougher job of making it economically and marketing it.

Good luck!

 

[BHD]

I called my son, and talked to him some last night and he wants to open up a welding shop, here soon,

we brainstormed a bit, about welding a few up and what tools we would need to make to make them easily,
and just taking them to places where they sell gates and chutes and see if one could move a few,
I think the problem is in the US cattle producers just do not realize how easy this device would make there life, but once they would try it I think it would save them a lot of man hours, and make life easier,

but I think it may take some time to convince some, as we never used some thing like that in the past, so why make it easier now,

the big thing is without the marketing some larger more recognized company could come out with there own copy of the item an for the most part a small one or two man shop would be shut down as fast as one started, as they could provide a set to there dealers and there would be no way to grow past their influence and there net work of preexisting marking,

 

[Citydude]

I called my son, and talked to him some last night and he wants to open up a welding shop, here soon,

we brain stormed a bit, about welding a few up and just taking them to places where they sell gates and chutes and see if one could move a few,
I think the problem is in the US cattle producers just do not realize how easy this device would make there life, but once they would try it I think it would save them a lot of man hours, and make life easier, but I think it may take some time to convince some, as we never used some thing like that in the past, so why make it easier now,

The joint venture with your son sounds like a great idea. Build a couple, give them to friends to use that you trust with honest feedback. You need validation of your product that it meets the consumers needs.

 

[Big Barn]

I feel shooterdon gave excellent advice and hopefully you now realize the patent idea is a non starter.

My feeling is the best case scenario for you would be if you make a few (or more) of your devices with your son. make a few dollars (a lot farther ahead than losing your savings) and perhaps gain a little local fame.

No offence but you already mentioned “Farm Show” and I think this is the genre your invention will probably reside.

 

[Handloader109]

Just make them and sell them. Patent in 99 percent of the time is useless unless you are a large corp. Just make and sell.

 

[Valveman]

I learned the hard way that patents are not made to protect the inventor. Patents were designed to show everyone how to make and use a new beneficial device. For writing up and drawing exactly how to make and use the new device, the inventor is given 20 years of patent protection. However, if this is a new an novel device, it will take about 20 years to pioneer the idea and make it mainstream. Your patent will expire just about the same time as your idea becomes popular and takes off.

Plus if it is a marketable device, others will infringe on you from day one. You can't sue someone for a bazillion dollars for infringing on your patent. All you get in a patent infringement suit is damages. So if they only make and sell one or a few of these devices, all you get is the money from those few sales. And the fact that it takes about a half million dollars to start a patent infringement suit, there would have to be a LOT of damages just to cover the lawyers bill.

Also, as has been said, you can't even get a patent on something that has "prior art". If even one of these devices has been sold, or if it has been drawn up and described in any publication, that is prior art and a patent will be rejected.

If you do manage to get a patent and pioneer a new product on the market for 20 years, then you will have to price compete with everyone who is copying your idea.

Another thing I learned the hard way is, if you are pioneering a new idea, it is best to have many people making and selling the device. It takes a long time for a single player to pioneer a new idea. It is best if there are many people making many different brands of the device to make it mainstream. Once/if it becomes mainstream, your little piece of the big pie will actually be larger than if you were the only one marketing and selling the device and you had a small pie all to yourself.

A trademark can be better protection than a patent. You can protect a trademark for as long as you maintain the fees. If your trademark is successful like Cresent Wrench or Kodak, you will have the edge on everyone else in the industry.

Another thing I learned the hard way, is that any successful patent is 10% inspiration, and 90% perspiration. Unless the patent is just an improvement on something that is already widely used, you will have to work to make it known and be successful.

Build them and sell them. You will have the jump on everybody else. I also think a good web page and a few key words are more important than trade shows these days.

One last thing. If you make a product that is considered "disruptive" to the industry, they will do every thing they can to keep you down. I always thought if you made a better mouse trap people would beat a path to your door. But I found out if you make a mouse trap so good that it can make mice extinct, they will try to put you out of business as there is a lot of money in the mouse trap industry.