Posted by oliver power on March 15, 2017 at 16:23:30 from (50.48.169.162):
In Reply to: O.T.---Patented posted by Jiles on March 15, 2017 at 12:19:49:
I can see by the replies, no one here has actual patent experience. I do...... Patent# 9068 395.
Go to the United States Patent website, and do your own search. Do your own search for your own personal curiosity. Don't pay anyone to do a search for you. When the time comes, the United States Patent office (Agent) will do a search for free. That's there job.....to do a search, and shoot your invention down. In the old days you would pay to have a search done. In todays world, with internet, do your own search.
Before putting out money to get a patent started, write to companies that may be interested in your product. Tell them what your product is/does, without going into detail. If no replies, don't waste your time, and money on a patent. Should you get replies, have a NON DISCLOSURE agreement drawn up, and signed by all parties BEFORE DISCLOSING. There is another one year rule I kind of forget. Goes something like; not being able to patent if used in public for more than one year, or something like that.
Don't waste your money on a provisional patent. A provisional patent is only good for one year. If you're not there to re-apply, someone else can steal your invention. The United States Patent office is backed up way longer than a year. Took me 4 years to get mine.
A patent is good for 20 years, providing you make the required maintenance payments. Not sure about extensions. You can not patent an idea.
My patent cost me upward of $10,000.00. There's no guarantee you will be awarded a patent. Should you be awarded a patent, it doesn't stop there. A good patent attorney will continuously try to broaden your patent, which adds additional costs. Broadening the patent means; adding additional protection around the basic patent so it's less likely for someone to do a design change.
Someone can still copy your invention exactly to a "T". It's not illegal to copy someone's invention. All the patent does is give you legal grounds to stop them. Make them pay royalties, etc......and then they get three different kinds of warnings before things get ugly.
You will have a hard time finding a private patent attorney. Not many around. Corporate patent attorneys are a dime, a dozen. They work for large corporations, and are not interested in the little guy. The large corporations get patents all the time. When first hired, an employee signs a bunch of legal documents. One of the documents is stating any invention during employment belongs to the corporation. The patent is always in the inventors name. If the inventor works for a corporation, the corporation owns the patent.
If you've never done a patent before, I suggest NOT applying yourself. Too much involved. You can hire a patent agent for less money than a patent attorney. However, a patent agent does not have the legal representation that an actual patent attorney has.
From what I can see, a patent is really a rich mans game. My patent attorney said to me; it's the only game in town.
Why did I go for the patent? First off, I know I have a good invention. Second; I'll never know, if I don't go for it. I didn't want to go the rest of my life saying "WHAT IF". This can go further, into foreign patents, which cost a lot more money. From what I'm told by my patent attorney, a foreign patent can take 10+ years. Again, no guarantee.
Hope I was able to answered some of your questions on patents. Everything I mentioned was from my own personal experience, as well as advice from my patent attorney.
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