[tavilach]

I have an idea for a really simple invention that would make my life much easier, and I'm thinking about creating the invention with a few simple supplies, and using it myself. The problem, though, is that it could make many peoples' lives easier, and I don't want someone to see me using this product, and then start selling it themselves. How hard is it to get a patent on something that is extremely easy to describe? I've heard and read that getting patents can take years (approximately two years, to be precise), which is far too long of a wait to start using my product. Why is the wait so long, anyway? Furthermore (and more importantly), if I started using my product while the patent was pending, someone started selling it themselves, and I then received the patent, what would happen? I'm actually very interested in patenting, as I do hope to be doing much of it as a future business-minded engineer. I'd read a book about patenting, but I'm not quite there yet. If anyone has experience with patenting, an explanation would be much appreciated!

[bradoesch]

I believe the long wait in the patent process is the result of the patent office being overwhelmed by requests.

If someone started selling your invention while the patent was pending, I would think you should be entitled to the profits if the patent is granted. I'm just guessing about stuff now. Pretty sure the patent office is swamped though.

[tavilach]

I really wouldn't mind if it even took ten years, as long as I'm protected in the interim (if I get the patent after all). I just don't want to be in a situation where I could have gotten a patent and made money, but instead my idea was taken and patented by someone else.

By the way, for a really simple patent, is a lawyer necessary? Couldn't I just fill out a form by myself?

[iMOTOR]

So what is it??

[Millennium]

You can give it a shot. However, if it's that easy to describe, you need to be careful that the application won't be dismissed as obvious. Your best bet is to find a good patent attorney and get advice there.

[tavilach]

Originally Posted by Millennium

You can give it a shot. However, if it's that easy to describe, you need to be careful that the application won't be dismissed as obvious. Your best bet is to find a good patent attorney and get advice there.

Doesn't that cost more than submitting the patent itself?

Is there any way to just fill out a form and hope for the best? You know...like a college application!

[Doofy]

First thing you need to do is make sure that nobody else has patented the same idea.

Sorry to have to tell you this, but it's highly likely that your idea has already been patented. I have an acquaintance who keeps coming up with "new" ideas (which are actually quite sensible) which he thinks are going to make him loads of money once he patents them - so he's always in the patents library finding out that every original thought he ever had was already patented.

That said, go for it. You never know.

[DeathMan]

Draw a detailed picture of it, and outline how it all works, and what it does. Seal it, and mail it to yourself. This will prove that you had the idea already, should someone else come up with the idea while you're still thinking about it. Ask your engineering professors.

[iMOTOR]

Originally Posted by DeathMan

Draw a detailed picture of it, and outline how it all works, and what it does. Seal it, and mail it to yourself. This will prove that you had the idea already, should someone else come up with the idea while you're still thinking about it. Ask your engineering professors.

what exactly prevents someone from mailing an unsealed envelope to themselves and then years later stuffing plans for something new in it??

[nonhuman]

Originally Posted by DeathMan

Draw a detailed picture of it, and outline how it all works, and what it does. Seal it, and mail it to yourself. This will prove that you had the idea already, should someone else come up with the idea while you're still thinking about it. Ask your engineering professors.

Even better: seal it and get it notarized.

[chabig]

Originally Posted by nonhuman

Even better: seal it and get it notarized.

Even better...seal it and send it to the Patent Office. It's called a provisional application and it starts a one-year clock within which you then need to to file a regular application or forget about it. The provisional application filing date, more importantly, becomes your date of invention against which prior art will be evaluated.

Hiring a patent agent or attorney to help you file the provisional app should be very inexpensive. The app costs $100 and the agent will charge a bit more to put together the paperwork.

Chris

[chabig]

Originally Posted by tavilach

if I started using my product while the patent was pending, someone started selling it themselves, and I then received the patent, what would happen?

You'd be smart to mark "patent pending" on your product so others know that they may be infringing upon your idea. If you don't, then Once you receive the patent, you have the right to prevent others from making, using, offering for sale or selling in the United States products based upon your idea. Of course, you may have to sue them to get them to stop.

Chris

[tavilach]

Originally Posted by Doofy

First thing you need to do is make sure that nobody else has patented the same idea.

Sorry to have to tell you this, but it's highly likely that your idea has already been patented. I have an acquaintance who keeps coming up with "new" ideas (which are actually quite sensible) which he thinks are going to make him loads of money once he patents them - so he's always in the patents library finding out that every original thought he ever had was already patented.

That said, go for it. You never know.

I'm sure it's very likely that it's already been patented, but sometimes the simplest ideas are the ones that no one ever thinks of.

[Buckaroo]

Originally Posted by DeathMan

Draw a detailed picture of it, and outline how it all works, and what it does. Seal it, and mail it to yourself. This will prove that you had the idea already, should someone else come up with the idea while you're still thinking about it. Ask your engineering professors.

I'm not an expert, but I don't think this does any good what so ever.

It's not like a business that started using "Sony" in their local business name 100 year ago, and then when the big company Sony trademarks their name 50 years ago (or whatever), they can't make the little local business change it's name. Of course they could drag them to court for years forcing the little company into bankruptcy, but they can not legally force the little company to change it's name.

The little company may be limited to no expansion. They will not be able to market their goods outside of the local community that they have their dba with.

It's all very complicated and I am not really sure of all the details. One thing that threw me off, was that book, video and movie names can not be trademarked or Copyrighted, but I have heard on a few occasions where the movie studios threaten each other if one try's to make a parody of another's with the same or similar name. For example, Pretty Woman, is the name of a Movie, Song and I believe a Book. There is nothing one publisher can do against the other, yet the parody Airport felt they had to get the permission of the studios that created all those Airport disaster movies created many years before.

[Buckaroo]

Originally Posted by chabig

Even better...seal it and send it to the Patent Office. It's called a provisional application and it starts a one-year clock within which you then need to to file a regular application or forget about it. The provisional application filing date, more importantly, becomes your date of invention against which prior art will be evaluated.

Hiring a patent agent or attorney to help you file the provisional app should be very inexpensive. The app costs $100 and the agent will charge a bit more to put together the paperwork.

Chris

This sounds like good advise.