Discussion:
What is the name of your state? AZ
A buddy of mine and I are looking into an idea we have come up with. I read in another thread here that you cant patent an "idea" but what is actually needed if you dont have a working prototype?
I am very skilled in computer and could write up a series of instructions on what it would need to do, how each thing would work with the other compoents, and the parts that would be needed. Is this enough?
Also, any information about who I would need to talk to in real life to get a patent for the idea we have. I know you need to talk to a lawyer, but have no idea where to start.
Answer:
In order to patent something, you need an idea -- the "conception" -- and reduction to practice -- typically this would be a prototype, but it is generally sufficient to have enough of a description so that someone "skilled in the art" could "practice" the invention. Basically, if you have your invention defined well enough such that you could write a description so that another person with the relevant skill set could make the invention and use it, that's good enough.
Your next step is to either talk with a patent attorney or patent agent. A patent agent will likely be cheaper, either one can get your patent written and sent to the USPTO. You need either and attorney or agent who is registered to practice before the US Patent and Trademark Office -- I would guess that if you looked in the Yellow Pages you should be able to find someone locally that could help you.
Answer:
another buddy of mine told us he had applied for a patent before, but the lawyer required over $1000 just to "research" of the patent already existed.
And if the patent didnt exist, they wanted another $5000 to actually patent it. Is this what I can expect.. or was my friend getting screwed?
Answer:
Prices are going to vary depending on the complexity and the type of patent. $5000 seems pretty high for a patent, unless your friend tried to get a patent through a patent law firm, which usually cater to corporate customers and charge correspondingly higher rates. A solo agent or attorney who caters to individual inventors should be able to do a patent for less -- but again, it depends a lot on the complexity of the patent.
You don't have to do a "prior art" search unless you want to. If you do one up front, you'll know ahead of time if your patent is really novel. If you don't do a search up front , the patent office is going to do one anyway, so it'll get done one way or another -- but if you wait for the patent office's search and it turns out that your invention is not new, then you still will have had to pay filing fees and for the agent to write up the application in the first place, so its somewhat of a risk.
If you want to save money, you can do your own searching -- you can search the USPTO website for issued patents, and use Google or other search engines to see if anyone else is already doing what you think you invented or not. At least if you do this you can determine for yourself if it looks risky to skip having an agent do a search prior to writing up the application and filing it.
Finally, if you really want to go cheap, you can write and prosecute your own application, and the USPTO will help you do it. I wouldn't recommend it, though, unless you are really on a budget and not so concerned about how much protection your patent will give you.
You should definitely shop around for an attorney or an agent -- unless your invention is quite complicated, you should be able to get it done cheaper than your friend, and, like I said, you could some searching yourself to save some money. You could also see if there is a local "inventors" group or something in your area -- if there is, they may have some advice on doing searches and attorneys and agents they've worked with in the past.
Answer:
Let me clear something up -- $5000 is high for a patent when you have an individual inventor working through an agent or solo attorney, for an invention of reasonable complexity. $5000 is generally much less than corporations pay to have large law firms try to obtain broad patents on complex technologies -- $10,000, $15,000, $20,000, the sky's the limit, especially if you are talking biotechnology...
Answer:
well, what we are doing is pretty new.
The problem is.. the thing we are makeing already exists, but we are makeing it better with more features.
so without going into royalites for the original invention... can we patent improvements and new features on an already established invention?
Answer:
Yes, you can patent improvements on an existing item -- however, if the underlying item is protected by a patent, you will not be able to "practice" your patent without a license from the patent holder of the underlying product. So if, for example, someone has made and patented "A+B" and you invented "A+B+C" you could get a patent on your improved item, but you wouldn't be able to make it without permission because it would infringe the original patnet.
A patent doesn't give you the right to make something -- it only gives you the right to keep someone else from making your invention. If the owner of the underlying patent will not give you a license, then perhaps you could sell them a license to the improved product once you get a patent application filed.
Another good reason to go and talk with a patent agent or attorney before you invest too much time and money!
Answer:
well, the product we are improving on is as old as a phone. So what is needed there?
I mean, bell invented the phone. So does that rule of not being able to pratice it without permission still apply?
Answer:
I guess I don't really understand your question. Maybe this explanation will make more sense:
If your invention is an improvement on something that is NOT covered by a patent -- like the original telephone, which was patented, but the patents have long since expired -- then you would be able to build and sell your invention, and patent the part that is an improvement.
If the underlying product is still protected by one or more patents -- like a lot of cell phone technology is -- then an improvement on that would still be patentable, but you would not be able to build and sell your invention without a license from those who hold the patent(s) on the underlying technology.
well, the product we are improving on is as old as a phone. So what is needed there?"
If it is really that old, and your improvement is not based on any other improvements, then it is likely that the original patents -- if any -- would have expired. But you really need to talk with a patent attorney or agent who can review ALL of the facts surrounding your invention and give you a more definite answer on where you stand.