how to file a paten...?

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i'm working on an interesting idea and i've written all of the descriptions and drawn all of the necessary diagrams. i'm going to mail it certified mail it to myself tomorrow to get a legitimate postdate on it. question is, where do i go from here? any help would be greatly appreciated. thanks.

peter
 
i'm working on an interesting idea and i've written all of the descriptions and drawn all of the necessary diagrams. i'm going to mail it certified mail it to myself tomorrow to get a legitimate postdate on it. question is, where do i go from here? any help would be greatly appreciated. thanks.

peter

Don't bother mailing it to yourself--that doesn't work in the US.

What you want to do is open a file with the USPTO. They have a document disclosure program where you file those documents down so you can call upon them at a later date (e.g. deposition).

If you want a patent, don't bother writing one yourself or having an engineer write one unless he has a legal degree as well--the wording of the claims in a patent is crucial and overlooking the slightest detail or failing to follow protocol will cause misery when your patent is invalidated later on.

If you think it is worth it, just spend the money on a credible lawyer. DO NOT go to those patent agencies--those are usually scams (e.g. 1-800-invent).

You basically have your 2 types of patents: design and utility, and of those you have either provisional or non-provisional. You can try writing the patent yourself now and file a provisional patent which will hold the date of filing for up to 1 year, but you will have to file a non-privisional later anyways so why waste the time.

Partners at law firms bill out at 500-600 / hr and associates at 100-300. If can cost up to 25k just to get it to filing, and up to another 50k up to issuance. Be sure you are ready to pony up the cash. Go big or go home.

Good luck, and let me know if you need anymore help. Remember to seek professional advice.


Oh--take your documents and transfer them all to a hardbound lab notebook with the pages numbered, and each page signed and dated. Maybe get it notarized or have a witness sign and date it too. This is crucial to prove you invented it first. Or open the document disclosure program.

Before you try to file, do a search on http://www.google.com/patents to see if anyone else has patented it (if you trust google--I personally don't). Or you can try searching the USPTO documents, but that is a little more complicated. Lawyers will usually wave the consultation fee, so don't let that put you off.

Good luck.
 
I've gone through the patent process myself a few times and KSXNSX makes many very important points. Re-read his post and follow his advice. Best of luck!
 
thanks for all of the information, i'm definitely going to look into all you've written about. i've searched all over the net to see if someone else have come up with my idea. and so far i've found nothing so it's pretty exciting. i feel like i'm walking around with a winning lotto ticket, except it's only my thoughts and ideas notebook. well, i can't really tell you guys exactly what i've created. but it's something dealing with our modes of transportation. basically, this "idea" will increase safety and somewhat performance in vehicle(2, 3, or 4 wheels) by at least one order of magnitude!:biggrin: it's so practical that once it's utilized it would be forgotten just like the airbag, power windows, and all of the "mundane" but once high tech invention. but if anyone else knows how just to get this through the door as quickly and as cheaply possible. let me know. i basically just want this idea onto some sort of legal document before someone else beats me to it.




Don't bother mailing it to yourself--that doesn't work in the US.

What you want to do is open a file with the USPTO. They have a document disclosure program where you file those documents down so you can call upon them at a later date (e.g. deposition).

If you want a patent, don't bother writing one yourself or having an engineer write one unless he has a legal degree as well--the wording of the claims in a patent is crucial and overlooking the slightest detail or failing to follow protocol will cause misery when your patent is invalidated later on.

If you think it is worth it, just spend the money on a credible lawyer. DO NOT go to those patent agencies--those are usually scams (e.g. 1-800-invent).

You basically have your 2 types of patents: design and utility, and of those you have either provisional or non-provisional. You can try writing the patent yourself now and file a provisional patent which will hold the date of filing for up to 1 year, but you will have to file a non-privisional later anyways so why waste the time.

Partners at law firms bill out at 500-600 / hr and associates at 100-300. If can cost up to 25k just to get it to filing, and up to another 50k up to issuance. Be sure you are ready to pony up the cash. Go big or go home.

Good luck, and let me know if you need anymore help. Remember to seek professional advice.


Oh--take your documents and transfer them all to a hardbound lab notebook with the pages numbered, and each page signed and dated. Maybe get it notarized or have a witness sign and date it too. This is crucial to prove you invented it first. Or open the document disclosure program.

Before you try to file, do a search on http://www.google.com/patents to see if anyone else has patented it (if you trust google--I personally don't). Or you can try searching the USPTO documents, but that is a little more complicated. Lawyers will usually wave the consultation fee, so don't let that put you off.

Good luck.
 
As the resident NSX Prime patent attorney, I agree with much of KSXNSX's synopsis. However an individual inventor can, in many cases, get a proper utility application drafted and filed for roughly $5-8K in legal and PTO fees. Figure another $2-$4K to respond to office actions and for issuance fees.

The question you have to ask yourself, and answer, is whether you have the industry connections, financial resources and perseverence to manufacture/market/sell/license your invention and make a profit in view of what it costs to obtain a patent for it.

I'd also add that effective patent searching takes more than just plugging in a few search terms on Google Patents. Many times I'll get a call from a potential client, and they'll tell me how they searched the web and couldn't find anything like their invention, and in two minutes I'll track down a patent that completely anticipates their invention.

Shoot me a PM and we'll set up a phone call if you wish. I'll be happy to give you a consult and help with your patent search.

-Russ
 
damn i didn't realize how expensive it was.
i'd be tempted to enroll in a university just to get a patent, then. my school paid for any patents we wanted....
 
yeah, i didn't realize they were that much, but in the grand scheme of things, it's not much at all. a friend of mine has been telling me to get it through the door, it'll cost at most 500 bucks, but that's without research to see whether you're infringing on other patents or not. i think i'm going to do a little more research and do it the legit way.
 
I have 16 patents. 2 are design patents so I'm not sure if they should count.

I suggest you buy a copy of "Patent it Yourself" by David Pressman. Do as much as you can yourself. Drawings will cost about $500 if you don't do them on your own. Then, forward it to a patent attorney. When I've done most of the work, the attorney I use only charges about $2,000 plus USPTO fees. I don't write the claims. I leave that for the attorney.

Sit and wait about 2 years and you'll get your first rejection. The patent office rejects almost every application. It's easier for the examiner to reject it than approve it. Pay the attorney another $1,000 to answer the rejection and after another 6 months you might get it allowed. Otherwise you might have to go through the rejection process a couple more times. My average is 3 years and roughly $5,000 for each patent.
 
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