What's invovled in getting a Patent???

[MadDog]

Re: What\'s invovled in getting a Patent???

Don't feel bad, Eddie. That's what happens with the occasional good ideas that I get --someone else has already gotten 'em. /forums/images/graemlins/grin.gif

 

[hayden]

Re: What\'s invovled in getting a Patent???

It happens very often. There are lots of bright people and good ideas often surface in multiple places. Can you post a link to the patent? If it issued in March 2006 (I think you mean issued, not filed), then it was likely filed 3 or more years before that.

This has been a great thread with lots of good advice. I think the best general advice was about considering a Patent in the overall context of the business. Patents are important tools in protecting and growing many types of businesses, but they are just a tool. It takes lots more to build a business. Just getting a Patent for the sake of the patent can be a personally gratifying trophy, but an expensive one if you are paying for it. They can also take a VERY LONG TIME. I just had one issue (the 10th one) that I filed over 13 years ago!! It's unusual for them to take that long, but it does happen.

 

[srjones]

Re: What\'s invovled in getting a Patent???

okay, the suspense is killing me...what's the patent number? /forums/images/graemlins/smile.gif

 

[wroughtn_harv]

Re: What\'s invovled in getting a Patent???

/forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif

It's nice to see I'm not the only one that owns a dawg like that. /forums/images/graemlins/grin.gif

One of the criterias for a patent is that the concept isn't obvious to one working in that field of endeavor. The idea has to be unique.

When you see something that's obvious but patented there's probably a couple of things going on. It could be that no one has contested the patent and or the patent examiner hadn't a clue about the subject. Of course the patent examiner is supposed to pick up on any patent infringements and determine if the idea is unique. But they're people.

If you go through the patent website and look at the patents you'll see a lot of what I call vanity patents. They look good and it's a feather in the cap of someone but when you look at them close they're not defendable.

One of the major livestock manufacturers-vendors was interesting to me to do a patent search on. All of the original ideas and patents were special and unique. Then the founder passed away. The patents after that were either vanity or completely off topic to their business.

You can see where the old man was a genius of original thought. But the original genius genes didn't seem to survive the transition to the next generations. However, it's obvious that the offspring had another kind of genius. They're great marketers.

 

[EddieWalker]

Re: What\'s invovled in getting a Patent???

Harvey,

You really should right a book on your observation and how the world works in general. I just love the way you put things into perspective!!! /forums/images/graemlins/grin.gif /forums/images/graemlins/smile.gif /forums/images/graemlins/laugh.gif /forums/images/graemlins/wink.gif


Back to the Patent. I've re-read it several times, gone to the companies website and I'm still not sure. In their description, they have a sales pitch on what it will do and why. They have more reasons for it than I thought of, but their reasoning is DEAD ON with why I thought of it. Kind of scary.

In their diagrams and on their website, it's different though. They took too many steps and build something very fancy that does the same thing. Theirs will cost 4 times what mine will to make and be quite involved to install. Mine costs under $200 for the very larges version, and one guy can install it by himself real easy in a few minutes. Mine is also real easy to build using what's already there, where there's is a seperate unit all together.

The goals are so identical that I'll have to rethink my marketing to avoid using their description word for word. I think mine just might be unique and different from theirs. They sure don't look anything alike!!

It's the principle in operation that is the same. /forums/images/graemlins/confused.gif

We should be getting some weather next week, so I'll get back to it when I can't get any work done outdoors.

Thanks to everyone for your advice,
Eddie

 

[moeh1]

Re: What\'s invovled in getting a Patent???

If I found the right application, it is a continuation of an early idea, so it actually gets a date of 2004. And beyond that they can go back with reasearch notes, etc. further in time. If you are thinking of patent, make sure you write the main ideas, drawings etc. in ink, date them, explain them to someone savvy enough to understand the idea and have them sign as a witness.
Now on to the patent process, you can take that write-up you saw in its entirety and start re-writing (edit what is there, not start over), explaining why he/she didn't cover you key idea (in the background of the invention), then explain the basic idea of what you did (in the summary of the invention), then describe the novel, useful and non-obvious idea(s) you have (in the detailed description) and explain the pieces with respect to the figures ( everything has to have numbers). At that point, you could file the provisional ( even without claims) and see if you could drum up some business. The guy with the commercial business here might have interest if yours is cheaper and easier! /forums/images/graemlins/laugh.gif

 

[wroughtn_harv]

Re: What\'s invovled in getting a Patent???

The critical thing here Eddie is not that you call it the same or that it does the same thing. What's important is how different is your idea from theirs?

One of the clauses in my latest patent application has to do with materials. Someone making my bracket out of plastic or stone is infringing upon my patent if I get it even though I will making mine out of steel.

If your idea is performing the same task in a unique way that's different from theirs you probably have a patentable product.

Unless of course your idea is already patented for doing a completely different process with a totally different intent. Your idea might still be considered unpatentable by an examiner.

That's what the patent search is all about.

Go to the new patent. Find their patent search. They will have a list of patents they've found that are similar but not close enough to theirs to constitute infringement. Click on those patents one at a time and look at them closely. If you have time do the same thing to their patent searchs. Follow these ideas back to the eighteenth century if you want.

It can be fun. And it will leave you amazed at what the human mind can come up with on occasion.

My next patent application will involve retaining walls. I've done quite a bit of research on it via the patent office web site. If I have a problem getting the patent it won't be from the retaining wall concept. But the fact that my idea incorporates some concepts used in electrical equipment. /forums/images/graemlins/tongue.gif

When someone asks me why I've got so much invested time and dollar wise in my ideas I always ask them how many people do they know that own performance convertibles. Most of time they know of no one. But we know that marketing performance convertibles is a very profitable and large dollar wise business.

You don't have to have everyone needing and wanting your product to make it a viable and profitable entity.

 

[wroughtn_harv]

Re: What\'s invovled in getting a Patent???

Here's an interesting story about the patent system in Sunday's Dallas Morning News.

story

 

[ccdck20hst]

Re: What\'s invovled in getting a Patent???

One good title is "Patents, Copyrights, And Trademarks" Second Editoin, by Frank H. Foster and Robert L. Schook John Wiley & Sons Inc. 1993. It has been some time (since 1984 or so) that I studied this topic in earnest but I think there might be another good book or two - I can't put my hands on the other books right now. Also, there used to be a series called something like "The Law in a Nutshell" used by law students to quickly grasp the fundamentals of various areas of the law - there was a patent and copyright title (also known as intellectual property) that was helpful. As is stated in the thread you need a patent lawyer. This is a specialized area of the law that requires a person to pass a separate bar exam. To start, you must, absolutely must keep dated, accurate, reliable records of how you develop your idea if you really want to do the ground work to protect your idea. I am not a patent lawyer but I always enjoyed that area of the law. Charlie

 

[BigEddy]

Re: What\'s invovled in getting a Patent???

I did some research a while back - and the one thing I remember clearly is once the idea is in the public domain, either by publishing it (on TBN!) or sharing it, using it regularly, or manufacturing it at all, the idea can no longer be patented. So if you are still interested in patenting this idea, do not allow it to enter the public domain. NDA's and such are critical.

On the flip side, if your goal is to prevent others from patenting your idea and profitting from it - just publish it either here or in a magazine, and it is now in the public domain.