Comments on: Don’t Get A Patent? Plainly Ridiculous! http://www.ipwatchdog.com/2008/11/21/dont-get-a-patent/id=438/ Patents, Software Patents, Patent Applications & Patent Law Wed, 08 Feb 2012 23:01:45 +0000 hourly 1 By: bperez http://www.ipwatchdog.com/2008/11/21/dont-get-a-patent/id=438/#comment-18677 bperez Mon, 24 Jan 2011 17:27:14 +0000 http://www.ipwatchdog.com/?p=438#comment-18677 Hello Everyone, I'm new to IPWatchdog. I just read your Article on "Don't get a patent". I found this Article to be very informative. I am a new Inventor and this article has given me the direction i need to go with my invention idea. I hope to read more Articles from IPWatchdog. B. Hello Everyone, I’m new to IPWatchdog. I just read your Article on “Don’t get a patent”. I found this Article to be very informative. I am a new Inventor and this article has given me the direction i need to go with my invention idea. I hope to read more Articles from IPWatchdog.
B.

]]> By: Etaoin Shrdlu http://www.ipwatchdog.com/2008/11/21/dont-get-a-patent/id=438/#comment-13451 Etaoin Shrdlu Sat, 19 Jun 2010 01:26:51 +0000 http://www.ipwatchdog.com/?p=438#comment-13451 Interestingly, I just ran into a case last week where an inventor with a popular product had chosen not to file a patent application because it "cost too much" -- and that decision has now cost him a large chunk of his market. A well-known retailer (within his field) requested a sample and quantity pricing from him, he supplied these, and six months later the retailer has gone into production on its own. A quick search of unfair competition law turned up the Supreme Court's 1964 Sears-CompCo cases, which hold that if a company does not file for patent protection, then its product's functional design features cannot be protected under state-level unfair competition laws. (The holding has been partially overturned with respect to copyright, and possibly also trade dress and ornamental design.) Although the inventor may have other remedies that I am unaware of, so far it looks like the outright theft of his highly-regarded product design is going to stand. His invention is one of those trivially simple ones for which a solid patent application could be drafted in a day or two at most. He probably could have even done it himself (with a few hours' help on the claims -- I've been thinking about how to claim it, and it's one of the easiest I've seen to claim well). However, he's long past the on-sale statutory bar. The saddest part is that a lot of people are telling him that patents require $10,000 to $15,000 just to file, thousands more to prosecute, and zillions to defend, and that they're not worth it. This, when having a halfway decent pro-se application on file (total cost $600) probably would have caused the pirate to avoid the theft in the first place. Interestingly, I just ran into a case last week where an inventor with a popular product had chosen not to file a patent application because it “cost too much” — and that decision has now cost him a large chunk of his market. A well-known retailer (within his field) requested a sample and quantity pricing from him, he supplied these, and six months later the retailer has gone into production on its own.

A quick search of unfair competition law turned up the Supreme Court’s 1964 Sears-CompCo cases, which hold that if a company does not file for patent protection, then its product’s functional design features cannot be protected under state-level unfair competition laws. (The holding has been partially overturned with respect to copyright, and possibly also trade dress and ornamental design.) Although the inventor may have other remedies that I am unaware of, so far it looks like the outright theft of his highly-regarded product design is going to stand.

His invention is one of those trivially simple ones for which a solid patent application could be drafted in a day or two at most. He probably could have even done it himself (with a few hours’ help on the claims — I’ve been thinking about how to claim it, and it’s one of the easiest I’ve seen to claim well). However, he’s long past the on-sale statutory bar.

The saddest part is that a lot of people are telling him that patents require $10,000 to $15,000 just to file, thousands more to prosecute, and zillions to defend, and that they’re not worth it. This, when having a halfway decent pro-se application on file (total cost $600) probably would have caused the pirate to avoid the theft in the first place.

]]> By: mberger1969 http://www.ipwatchdog.com/2008/11/21/dont-get-a-patent/id=438/#comment-302 mberger1969 Tue, 13 Jan 2009 14:21:33 +0000 http://www.ipwatchdog.com/?p=438#comment-302 wildcatcarlos, There are several things you should know before undertaking this endeavor. Few patents make money (1/100), even fewer make you rich (1/1000), but they do stop people from copying you and they do let you market and license your invention, even a provisional application. Have you filed a provisional yet? No, then file a provisional on your own dime. Go to http://patft.uspto.gov and http://ep.espacenet.com/advancedSearch, search for patents in your area. You will not find all of the patents that a professional would find, but you may get a feel for the field. The fewer and more specific the words the better. Review the related patents, because VERY few patents are created entirely on their own. Draft a provisional using the style and terminology of patents in your field. The more work you do, the less the patent attorney/agent will charge. Once you have a draft application, figures, and a good idea of what is unique about your patent, contact a patent agent/attorney. Ask them their area of expertise, hourly rate, and if they are open to your help. You are not a patent agent/attorney and they do have experience in these matters. Listen to them and help them. Do not argue with them. They will have to ask a LOT of questions to figure out your invention. They will still have to review and revise your draft application and may expand certain areas. They SHOULD do another search, although not all will. This is money well spent (~$1,000-2,000). By preparing ahead of time, you may dramatically reduce the cost of your patent. By writing ahead of time you will reduce the cost of your patent. Your understanding of the field will reduce the cost of your invention. File the provisional application. The provisional application is cheap and is not examined, besides examiner's are not allowed to "take your invention." And it doesn't happen. They see thousands of inventions a year and do not have time to pursue your invention. You may seek licensing and/or marketing for your invention to pay for the next step. In one year you SHOULD file a non-provisional application. This will be less expensive if you prepare a good provisional. You MAY refile your provisional if you haven't made progress in that year. You LOSE your priority date, but if you need another year... DISCUSS THIS WITH A PATENT AGENT/ATTORNEY only as a last resort. In one year you may file a US non-provisional and/or an International (PCT) application. This should be discussed with a patent agent/attorney at the time. Beginning the patent process can be expensive, but you can reduce the cost by putting your time into it. You NEED competent patent guidance before you file any application, shop around for a good patent agent/attorney. Very few patents will make someone rich, but they do allow you to protect and promote your invention. No one in this process, patent agent/attorney or examiner, will steal your invention. Others might but your agent/attorney has a duty not to disclose your invention and they WILL lose their registration and/or bar if they steal your invention. Good luck with the patent application. M wildcatcarlos,
There are several things you should know before undertaking this endeavor. Few patents make money (1/100), even fewer make you rich (1/1000), but they do stop people from copying you and they do let you market and license your invention, even a provisional application.

Have you filed a provisional yet? No, then file a provisional on your own dime.
Go to http://patft.uspto.gov and http://ep.espacenet.com/advancedSearch, search for patents in your area. You will not find all of the patents that a professional would find, but you may get a feel for the field. The fewer and more specific the words the better. Review the related patents, because VERY few patents are created entirely on their own.

Draft a provisional using the style and terminology of patents in your field. The more work you do, the less the patent attorney/agent will charge. Once you have a draft application, figures, and a good idea of what is unique about your patent, contact a patent agent/attorney. Ask them their area of expertise, hourly rate, and if they are open to your help. You are not a patent agent/attorney and they do have experience in these matters. Listen to them and help them. Do not argue with them. They will have to ask a LOT of questions to figure out your invention. They will still have to review and revise your draft application and may expand certain areas. They SHOULD do another search, although not all will. This is money well spent (~$1,000-2,000). By preparing ahead of time, you may dramatically reduce the cost of your patent. By writing ahead of time you will reduce the cost of your patent. Your understanding of the field will reduce the cost of your invention.

File the provisional application. The provisional application is cheap and is not examined, besides examiner’s are not allowed to “take your invention.” And it doesn’t happen. They see thousands of inventions a year and do not have time to pursue your invention. You may seek licensing and/or marketing for your invention to pay for the next step. In one year you SHOULD file a non-provisional application. This will be less expensive if you prepare a good provisional. You MAY refile your provisional if you haven’t made progress in that year. You LOSE your priority date, but if you need another year… DISCUSS THIS WITH A PATENT AGENT/ATTORNEY only as a last resort.

In one year you may file a US non-provisional and/or an International (PCT) application. This should be discussed with a patent agent/attorney at the time.

Beginning the patent process can be expensive, but you can reduce the cost by putting your time into it. You NEED competent patent guidance before you file any application, shop around for a good patent agent/attorney. Very few patents will make someone rich, but they do allow you to protect and promote your invention. No one in this process, patent agent/attorney or examiner, will steal your invention. Others might but your agent/attorney has a duty not to disclose your invention and they WILL lose their registration and/or bar if they steal your invention.

Good luck with the patent application.
M

]]> By: wildcatcarlos http://www.ipwatchdog.com/2008/11/21/dont-get-a-patent/id=438/#comment-209 wildcatcarlos Wed, 26 Nov 2008 20:51:39 +0000 http://www.ipwatchdog.com/?p=438#comment-209 I have been 'lamenting' over this 12 month grace period for a provisional patent for some time. I know I need a non provisional patent out of the gate. I believe my invention will be extremely expensive to prototype and will revolutionize most industries, especially military. By the ip watchdog estimates my invention will cost at least $15000.00+ to patent (non provisional). Money i dont have and have no way of being sure to have in 12 months. My biggest fear is that i will capitulate and go for the provisional patent, then not be able to market the idea effectively enough to secure investment for nonprovisional. Once my invention is seen by patent examiners and others, the cat is out of the bag and nothing is stopping someone else with greater resources from simply copying my art and obtaining a patent. I think i would have a stroke if i saw someone else being hailed for my invention and becoming fabulously wealthy simply because i ran out of time and my art was seen by someone else. I have had this idea and have been doing research and making drawings for years now so another fear is waiting too long to make a decision and seeing someone else come up with the idea independently. My final fear is that this invention will never come to fruition and i take it to my grave. Im just tired of being afraid of an inefficient and unfair patent system. I have been ‘lamenting’ over this 12 month grace period for a provisional patent for some time. I know I need a non provisional patent out of the gate. I believe my invention will be extremely expensive to prototype and will revolutionize most industries, especially military. By the ip watchdog estimates my invention will cost at least $15000.00+ to patent (non provisional). Money i dont have and have no way of being sure to have in 12 months. My biggest fear is that i will capitulate and go for the provisional patent, then not be able to market the idea effectively enough to secure investment for nonprovisional. Once my invention is seen by patent examiners and others, the cat is out of the bag and nothing is stopping someone else with greater resources from simply copying my art and obtaining a patent. I think i would have a stroke if i saw someone else being hailed for my invention and becoming fabulously wealthy simply because i ran out of time and my art was seen by someone else. I have had this idea and have been doing research and making drawings for years now so another fear is waiting too long to make a decision and seeing someone else come up with the idea independently. My final fear is that this invention will never come to fruition and i take it to my grave. Im just tired of being afraid of an inefficient and unfair patent system.

]]> By: ProductCoach http://www.ipwatchdog.com/2008/11/21/dont-get-a-patent/id=438/#comment-204 ProductCoach Mon, 24 Nov 2008 05:25:43 +0000 http://www.ipwatchdog.com/?p=438#comment-204 This article is a great summary of the need for patents especially when licensing or selling an invention. This article is a great summary of the need for patents especially when licensing or selling an invention.

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