Bother getting a patent?

lendaddy · 07-05-2007, 06:10 PM

We are developing a niche product and are wondering about the patent process. The exposure on this product would be small and I have no fear of overseas "idea theft" as the volume/sales just aren't there. But...another small shop here in America might copy it.

So, given that a patent is only as good as your ability to defend it(and us being capital poor), is it worth it? Is there a cheap route to scare off 95% of would be copycats? Sort of a "House protected by ADT" sticker for intellectual property?

Rick Lee · Rick Lee's Garage

stomachmonkey · 07-05-2007, 06:42 PM

File it yourself. That way it's on record for a date. If the Patent inspector has an issue it spawns an office action that adds to the time that it takes to get approval but also gives you an indication of what issues to address in the patent, ie; free legal advice on what's wrong with your application.

lendaddy · 07-05-2007, 06:44 PM

I was thinking something more visible on the product that would fend off copycats.

lendaddy · 07-05-2007, 06:46 PM

Quote:

Originally posted by stomachmonkey
File it yourself. That way it's on record for a date. If the Patent inspector has an issue it spawns an office action that adds to the time that it takes to get approval but also gives you an indication of what issues to address in the patent, ie; free legal advice on what's wrong with your application.

Yea, I was considering the whole "legal zoom" thing but wondered if it was BS.

M.D. Holloway · 07-05-2007, 07:55 PM

I wrote a disclosure 4 years ago on one - it got sent back for re-examination, just got word it was filed and should be assigned a number in the next 60 days. From what I understand it is getting tougher to patent stuff.

I think there are a few reasons to patent something:
1) either to use as a form of technical marketing
2) to license
3) build a resume

I don't really think it would protect you.

alf · 07-05-2007, 07:56 PM

Patent Pending is the ADT sticker. You could file it yourself, desitn patents are very easy. Heck, I have a patent for a remote medical monitoring device.

Shuie · 07-05-2007, 07:57 PM

yes, of course. Trademark it, if possible.

BGCarrera32 · 07-05-2007, 08:03 PM

Patent Pending on a product when no patent is actually pending is illegal and punishable with a fine.

lendaddy · 07-05-2007, 08:11 PM

Quote:

Originally posted by BGCarrera32
Patent Pending on a product when no patent is actually pending is illegal and punishable with a fine.

That's good to know. I assumed as much but you never know.

alf · 07-05-2007, 08:15 PM

Quote:

Originally posted by BGCarrera32
Patent Pending on a product when no patent is actually pending is illegal and punishable with a fine.

Correct, not saying you should not submit, but submit and do the pending thing.

lendaddy · 07-05-2007, 08:17 PM

So that's all it means? That you've just submitted? Is it verified, like:

"this letter serves as notice that we've received your application and you may now use the patent pending label."

Or is it on your honor with penalties for lying?

BGCarrera32 · 07-05-2007, 08:21 PM

Not sure, patent pending is nice because then none of your competitors can really figure out what you're claiming or what's up, but throwing a product out there with patent pending and no documents filed is a no-no.

Another option might be a private 1 man band patent attorney that works by the hour that can help you get started with the bare minimums anyway.

alf · 07-05-2007, 08:22 PM

More info here
http://www.uspto.gov/web/offices/pac/doc/general/faq.htm

Wikipedia
Patent pending
Main article: Patent pending
Patent pending is a term used to describe an alleged invention that is the subject of a patent application. The term may be used to mark products containing the invention to draw competitor's attention to the fact that they may be infringing a patent if the product is copied after the patent is granted. The rules relating to the use of the term to mark products vary between patent offices, as do the benefits of such marking. In general, it is permissible to apply the term patent pending to a product if there is, in fact, a patent pending for any invention implemented in the product.

lendaddy · 07-05-2007, 08:28 PM

Thanks, FWIW this is from legal zoom:

"Provisional Patents
Receive immediate "Patent Pending" status and secure a priority filing date for a full 12 months. A Provisional Patent protects the way your invention works and how it's used. It's an quick and inexpensive way to protect your machine, manufactured item or business process."

BGCarrera32 · 07-05-2007, 09:27 PM

http://www.uspto.gov/web/offices/pac/doc/general/faq.htm

Read item #1...in other words, don't stick it on something you have no intention of spending the money on for a patent.

lendaddy · 07-06-2007, 06:24 AM

Quote:

Originally posted by Wayne at Pelican Parts
Don't underestimate the Chinese - they will knock off anything. They are now getting into low-volume Porsche stuff...

-Wayne

I've heard that, but what recourse do manufacturers have? China doesn't really give a damn about our patent laws do they?

So what's the point of paying for protection that doesn't protect you?

M.D. Holloway · 07-06-2007, 06:39 AM

Quote:

Originally posted by Wayne at Pelican Parts
Don't underestimate the Chinese - they will knock off anything. They are now getting into low-volume Porsche stuff...

-Wayne

new supplier?

How would someone know the difference on a low volume item? Are the alloy/dimensions/design sound?