Author Topic: Patenting An Idea!! What To Do? (Read 5686 times)

BlackNMild2k1 · « **on:** February 20, 2010, 05:53:49 AM »

SO I came up with an idea that I think is pretty good and I've never seen it before.

I know that if I just thought of it now then someone else has probably patented it already. But what if they haven't?

What do I do now? How do you search for a specific patent and what steps do I need to take to protect my idea(considering it's not already patented)?

Do I have to worry about it having a pretty specific use and building upon already patented ideas?

any help would be appreciated.

ShyGuy · « **Reply #1 on:** February 20, 2010, 06:21:51 AM »

Start here: http://www.uspto.gov/

Stratos · « **Reply #2 on:** February 20, 2010, 07:47:18 AM »

I think there are legal consultants that exist to help you get your patent but I can't think of any off of the top of my head. I've heard ads for them on the radio and such. Though who knows if those are truly legit or if they are just hoping to swipe them from you.

UncleBob · « **Reply #3 on:** February 20, 2010, 08:46:06 AM »

First, you come up with a great idea.
Then, you patent it.
Now, sit around for a few years and wait for someone to make something that comes close to your patent.
Sue them for stealing your patent.
...
Profit!

BlackNMild2k1 · « **Reply #4 on:** February 20, 2010, 01:19:29 PM »

Do I have to come up with more than design specs with small descriptions or does there have to be a full on detailed description of how it works?

edit: Well I figured out that I need a utility and a design patent.
Now I just need to figure out how to successfully find if there are similar patents and how to word my patent in a way to protect it should there be anything similar or something later wants to be similar.

edit2:

Quick question for anybody that has tried to patent anything before.
How much money does it take to get a secure patent?
Did you hire a Patent searcher/filer/lawyer is there processing fees for filing patent, etc etc.

gbuell · « **Reply #5 on:** February 20, 2010, 02:21:33 PM »

Tell me what your idea is and I'll tell you exactly what you need to know...

BlackNMild2k1 · « **Reply #6 on:** February 20, 2010, 02:29:11 PM »

Oh sure, well first it is a..... hey wait a minute.

Stogi · « **Reply #7 on:** February 20, 2010, 02:58:30 PM »

I wanted to patent tequila popsicle shots. You bite the top which is salty to open it up, then you drink the tequila inside, then eat the rest of the lime flavored popsicle. Tequila popsicle shots.

BranDonk Kong · « **Reply #8 on:** February 20, 2010, 04:30:12 PM »

I think you can also write the idea on paper (print it out, whatever), then stamp, seal, and mail it to yourself. Seriously, it will have a government-issued date on it, and it's sealed, so it becomes a legal document or something like that.

BlackNMild2k1 · « **Reply #9 on:** February 20, 2010, 04:55:12 PM »

I've heard of something like that, but does it hold up in court? Also, how would I send copies to other nations to secure it's legality there too?

Stratos · « **Reply #10 on:** February 20, 2010, 04:56:22 PM »

Quote from: Brandogg on February 20, 2010, 04:30:12 PM

I think you can also write the idea on paper (print it out, whatever), then stamp, seal, and mail it to yourself. Seriously, it will have a government-issued date on it, and it's sealed, so it becomes a legal document or something like that.

Yes. This can hold up in court. I've heard of it as well. Though that might be for copyrights, not patents.

UncleBob · « **Reply #11 on:** February 20, 2010, 06:26:35 PM »

Quote from: BlackNMild2k1 on February 20, 2010, 04:55:12 PM

I've heard of something like that, but does it hold up in court? Also, how would I send copies to other nations to secure it's legality there too?

NONONONONONO!!!

http://www.snopes.com/legal/postmark.asp

BlackNMild2k1 · « **Reply #12 on:** February 20, 2010, 06:37:09 PM »

It doesn't matter since I'm not trying to copyright a song or a picture, I'm trying to patent an idea for a product. in design, which covers how it looks and also utility which covers how it's used.

I think it looks pretty good, but I have to wait till Monday to talk to any of the local patent lawyers that I found on Google.

Ian Sane · « **Reply #13 on:** February 22, 2010, 12:39:57 PM »

Off topic here but this has made me think of my own idea. At first I thought it said "parenting an idea". So how about a shirt for pregnant women that says "Parent Pending"? Surely that MUST already exist.

I do know that patents can take years. The important thing is that you submit your idea to get the ball rolling and then you can put "patent pending" on your product. That way if someone uses your idea the onus is on them to prove that you didn't invent it because by submitting your idea you proved that you had the idea as of that date. They have to prove that they came up with the idea first. Even if you don't have the patent yet, registering for it helps protect you in court.

I'm curious to know what your idea is now. Promise to share it with us after you've got on the legal protection worked out.

vudu · « **Reply #14 on:** February 22, 2010, 02:10:43 PM »

Quote from: NWR_Grant on February 20, 2010, 02:21:33 PM

Tell me what your idea is and I'll tell you exactly what you need to know...

Probably has something to do with this post.

BlackNMild2k1 · « **Reply #15 on:** February 22, 2010, 06:32:30 PM »

Damn. I just spent a few hours skimming through Patents (Google patent search*) and I think my idea has been patented or at the very least something very close to it has been diagrammed. I'm not sure if I should still pursue it or not, since it does cost money to get done.

I just signed up with a "Do it yourself" patenting place to help me fill out the paper work and get the ball rolling, but I'm not as confident now that it will be worth the time as I was over the weekend.

*Did anybody know about this search program? That would have been real helpful over the weekend. Using USPTO is a headache and I pretty much found exactly what I was hoping not to find through Google pretty quickly.

Stogi · « **Reply #16 on:** February 22, 2010, 06:39:04 PM »

Looks like the Tequila popsicle shots haven't been patented yet!

Stratos · « **Reply #17 on:** February 22, 2010, 06:46:34 PM »

I was not aware Google could search for patents.

Ian Sane · « **Reply #18 on:** February 22, 2010, 07:17:48 PM »

Quote

Looks like the Tequila popsicle shots haven't been patented yet!

I don't think you can patent food. But if you made some sort of machine that manufactures Tequila popsicle shots you could patent THAT.

Quote

I think my idea has been patented or at the very least something very close to it has been diagrammed.

Bummer. If it makes you feel better I came up with an idea for how to heat water as it's coming out of the tap, so you don't run out of hot water when showering. Then I went to the Azores and found out that "my" idea is the standard way to get hot water there. Nuts.

BlackNMild2k1 · « **Reply #19 on:** February 22, 2010, 07:31:17 PM »

The real problem is all the terminology for patents. Everything is so vague and complex in it's wording that I kinda lose the meaning of what they are supposedly describing.

I've been told to just go through with it it sense I didn't see anything that specifically focuses on what I was trying to do, but there are 10 pages of stuff on the Google search to sort through and my head hurts just from trying to sort through all those patents/pics.

ThePerm · « **Reply #20 on:** February 22, 2010, 11:04:30 PM »

i recommend watching the movie Flash of Genius

BranDonk Kong · « **Reply #21 on:** February 23, 2010, 12:17:40 AM »

I hate to tell you, but the Fleshlight already exists, dude.

NWR_insanolord · « **Reply #22 on:** February 23, 2010, 01:21:51 AM »

Quote from: Ian Sane on February 22, 2010, 07:17:48 PM

Quote
Looks like the Tequila popsicle shots haven't been patented yet!

I don't think you can patent food. But if you made some sort of machine that manufactures Tequila popsicle shots you could patent THAT.

Yeah, you can't patent a food or drink. They said so on The Simpsons.

ThePerm · « **Reply #23 on:** February 23, 2010, 01:25:27 AM »

also i need to ask, without giving away what the invention is, what industry does it relate to?

BlackNMild2k1 · « **Reply #24 on:** February 23, 2010, 02:08:06 AM »

All will be revealed in due time. gotta finish all the paperwork tomorrow or the next day.
Once it's filed and I get a pending number, then I can reveal all I want since it is in the queue.

News:

Author Topic: Patenting An Idea!! What To Do? (Read 5686 times)