How to file a patent?

[Jaylllo]

Hi,

I'm curious if anyone has gone through the process of filing a patent?
I have a semi-worthless invention to try to invent.
Can you do it yourself? What pitfalls are there to watch out for?

Thanks,
Jay

 

[leftyman]

Whats your I have a semi-worthless invention to try to invent?

 

[Jeraden]

It costs several thousand dollars, depending on the complexity of the patent. I think thats generally enough to dissuade one from patenting anything that truly is semi-worthless.

 

[sohcrates]

Good write-ups about how the system works on wikipedia

decent write-ups (if you can get through the mess of a website) on uspto.gov on how to file yourself.

if it's anything you're serious about though i would behoove you to use a patent attorney

 

[mobobuff]

If you've got a couple thousand bucks to throw away, you can file a patent with the US Patent & Trademark Office.

You'll need to prepare some specific documents on the patent.

 

[DaShen]

Get a patent lawyer. It will cost money, but if the invention is worthwhile and it is innovative, you will reap the rewards.

 

[OS]

Originally posted by: DaShen
Get a patent lawyer. It will cost money, but if the invention is worthwhile and it is innovative, you will reap the rewards.

most cases it is hard to tell if it will be commercially viable, most patents don't make it into a product, so it is hard to say if it's worth the initial investment

 

[dullard]

Patents aren't that complicated to get. Although, a patent lawyer or patent agent (cheaper) is usually suggested, you could potentially do it without one.

You need a document that lists:
1) Your claims. That is, what specifically are you claiming to be new and non-obvious. If you are patenting a pencil with a different color eraser, that probably wouldn't be accepted. Why? Colored erasers are obvious changes. If you are patenting a pen with an eraser, that wouldn't be accepted. Why? Pens with erasers are not new. Make your claims specific and don't leave out anything. This is what you get patent protection for. The rest of the patent is helpful, but you are only given patent protections on what you specifically claim. Aim for ~50 claims if you can. About half will be rejected and if you have more than 25 accepted claims, the costs start to soar.

2) A description of the invention. A patent is a deal. You tell the world how to make your invention, and in return you get the rights to exclude others from your invention for a set period of time. Thus, a patent requires you to describe your invention in detail. It must be clear enough that a collegue can understand it and build it himself/herself. Use text, and even better a numbered diagram. Then say how everything connects together. You can't say a human body has two feet, two arms, and a head. Why? Because that doesn't say how they connect. You need to say the foot bone is connected to the leg bone, the leg bone is connected to the knee bone, the knee bone is...

3) A few background bits of information are needed. What field is this patent in? What similar inventions are already available? How is your invention different/better.

Download a few patents in the same area as your invention and look at them. You'll get a good idea how to write one.

If you do that all yourself, a patent lawyer/agent can rubber stamp it and send it off for minimal expense. Or, you can pay them to write the whole thing ($200+ an hour for a good lawyer will add up into many thousands of dollars). Then send it off with patent examination fees. Oh and you'll have yearly maintanence fees. Overall expect $10,000 if you do it mostly on your own or $15,000-$20,000 if you use a lawyer.

 

[txrandom]

Text

 

[Jaylllo]

Originally posted by: dullard
Patents aren't that complicated to get. Although, a patent lawyer or patent agent (cheaper) is usually suggested, you could potentially do it without one.

You need a document that lists:
1) Your claims. That is, what specifically are you claiming to be new and non-obvious. If you are patenting a pencil with a different color eraser, that probably wouldn't be accepted. Why? Colored erasers are obvious changes. If you are patenting a pen with an eraser, that wouldn't be accepted. Why? Pens with erasers are not new. Make your claims specific and don't leave out anything. This is what you get patent protection for. The rest of the patent is helpful, but you are only given patent protections on what you specifically claim. Aim for ~50 claims if you can. About half will be rejected and if you have more than 25 accepted claims, the costs start to soar.

2) A description of the invention. A patent is a deal. You tell the world how to make your invention, and in return you get the rights to exclude others from your invention for a set period of time. Thus, a patent requires you to describe your invention in detail. It must be clear enough that a collegue can understand it and build it himself/herself. Use text, and even better a numbered diagram. Then say how everything connects together. You can't say a human body has two feet, two arms, and a head. Why? Because that doesn't say how they connect. You need to say the foot bone is connected to the leg bone, the leg bone is connected to the knee bone, the knee bone is...

3) A few background bits of information are needed. What field is this patent in? What similar inventions are already available? How is your invention different/better.

Download a few patents in the same area as your invention and look at them. You'll get a good idea how to write one.

If you do that all yourself, a patent lawyer/agent can rubber stamp it and send it off for minimal expense. Or, you can pay them to write the whole thing ($200+ an hour for a good lawyer will add up into many thousands of dollars). Then send it off with patent examination fees. Oh and you'll have yearly maintanence fees. Overall expect $10,000 if you do it mostly on your own or $15,000-$20,000 if you use a lawyer.

Thanks dullard, +rep if it existed.
Exactly what I was looking for.

And thank you everyone else.

I somehow didn't think it was as easy as registering a domain name.

/thread.

 

[dullard]

Originally posted by: Jaylllo
Thanks dullard, +rep if it existed.
Exactly what I was looking for.

And thank you everyone else.

I somehow didn't think it was as easy as registering a domain name.

You are welcome. Until Feb 2007 you could file a direct disclosure first. $10 and you get your idea semi-protected for 2 years. That was basically as easy as registering a domain name. But now that program has been ended, probably forever.

You do have one other option. You can file a provisional patent. Try to write a provisional patent just like a real patent. But, the key is that no one at the government looks at it. They just pocket your cash (only a few hundred dollars) and you get 1 year to file a real patent. In that one year, no one can steal your idea and file their own patent (you get first priority). Then in that year you can (a) abandon the project (b) sell the idea to someone else before you fork over the expensive patent fees, or (c) raise the money for the patent.

Also note, the money I listed in the previous post isn't all at once. The bulk is upfront, but certainly not all of it. So, you can abandon it a few years down the line and save money.

 

[Kwaipie]

I grew up in the beach communities of So. Cal. in the 70s, same time as Dogtown and Z-boys. Anyways, the father of a close friend of mine invented and patented the kicktail for skateboards. He had all the drawings and copies of his patent hanging on the wall.

Sadly, he was in litigation for the last 20 years of his life before the major skateboard manufacturers finally caved and made his son a very rich young man who proceeded to put all that money up his nose.

Sigh.

 

[dullard]

Originally posted by: Kwaipie
Sadly, he was in litigation for the last 20 years of his life before the major skateboard manufacturers finally caved and made his son a very rich young man who proceeded to put all that money up his nose.

Rule #1 of small businesses and patents: avoid patent litigation. Find some way of getting a settlement or selling off the patent. Even if you do eventually win (a big if) it'll be so many years of frustration it probably isn't worth the battle. And if you lose, a typical patent case costs $1 million in lawyer fees and you may lose your patent (~50% of patents are deemed invalid in court cases).