Discussion:
What is the name of your state? Georgia
I have a few ideas that I would like to patent, and am somewhat confused as to the process.
I understand it is highly suggested to retain an attorney or agent. How do these representatives usually charge?
Also, if you have an idea to add a flashlight to an existing patented product, would you have to patent two products, one for the product using a bulb and another for the product using LEDs? If you patent one, could someone patent the other?
I read the thread about using already patented products () , which stated that you can't claim those products as your own, but you can patent any improvements to that product. I have a question that wasn't answered by that thread though. Can you patent a product that is a combination of two patented objects if the combination is an improvement of one of the products?
And one last question. I have an idea that I'm not completely sure how to create it (I would probably have to hire a scientist, or sell the idea to someone who could create it). I do have ideas of how it could be made, but I'm not fully sure. Can I patent this product if I'm not fully sure of its composition (for lack of a better word)?
Answer:
"I understand it is highly suggested to retain an attorney or agent. How do these representatives usually charge?"
Charges will depend on your region, the complexity of the invention, how much protection you are seeking (narrow protection cheaper than broad protections), etc. There really isn't any way to estimate without knowing a lot more. Agents are usually cheaper than attorneys, and solo attorneys are usually cheaper than attorneys associated with firms.
"Also, if you have an idea to add a flashlight to an existing patented product, would you have to patent two products, one for the product using a bulb and another for the product using LEDs?"
In this specific case, you would probably only need to file a single patent to cover both cases. In any event, you can ALWAYS file a single patent -- if the patent office decides your invention is really two separate inventions, you can always divide the application later.
"If you patent one, could someone patent the other?"
In general, yes.
"I read the thread about using already patented products () , which stated that you can't claim those products as your own, but you can patent any improvements to that product. I have a question that wasn't answered by that thread though. Can you patent a product that is a combination of two patented objects if the combination is an improvement of one of the products?"
Maybe. If the combination is not an obvious combination, then it is possible to obtain a patent on the combination. The problem here is that even if you obtain a patent on the combination, you won't be able to produce, market or sell your invention without getting permission from the owners of the patents of the parts that make up the combination. A patent doesn't give you the right to make, or "practice," your invention -- a patent only confers the right to exclude others from practicing your invention.
"I have an idea that I'm not completely sure how to create it (I would probably have to hire a scientist, or sell the idea to someone who could create it). I do have ideas of how it could be made, but I'm not fully sure. Can I patent this product if I'm not fully sure of its composition (for lack of a better word)?"
Probably not. Invention requires two steps -- conception and reduction to practice. Conception is the idea, or the "inventive spark." However, a conception alone is not patentable. To be a patentable invention, the "conception" must be "reduced to practice." In other words, you have to have done enough experimentation and\or development to get your "conception" to a point where you could describe it well enough so that another person could build the invention without having to do their own research. This doesn't mean you have to have a final form, or even the best or most efficient version, but you must have at least developed your invention to the point where you can build a functioning prototype.
I say "probably not" because there are situations where you don't actually have to "build" a prototype. However, these a limited exceptions. You would be well advised to take all of your inventive materials to a local patent agent to discuss what you need to do to either protect your inventions or get your inventions to a stage where they can be protected.