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mxbundy
02-09-2007, 07:54 AM
Hope someone can fill me in on patents. I am developing a product for Quads and think that I need to patent it so that the big dogs cant run me out of business before I even get started.
How involved is the process, how long and of course how much $$$$$ are we talkin?
bundy

HocusPocus
02-09-2007, 08:12 AM
there is a patent search from google. http://www.google.com/patents
here is a website with some patent info.. not sure how current it is. good luck
http://www.ipwatchdog.com/patent_cost.html

xs ultra
02-09-2007, 08:29 AM
Be ready to spend $8,000 plus.File for a patent pending ,it's good for a year .
fees are under $1.000.

Boozer
02-09-2007, 08:33 AM
Use an attorney! PERIOD!!
If you don't know much about patents or patent laws you will be waisting time and money by trying to get a patent yourself. If you succeed in getting your patent on your own it will probably be worthless.

SummerBreeze
02-09-2007, 09:05 AM
Hope someone can fill me in on patents. I am developing a product for Quads and think that I need to patent it so that the big dogs cant run me out of business before I even get started.
How involved is the process, how long and of course how much $$$$$ are we talkin?
bundy
I hold a patent on a product in the motorcycle arena. I went to the effort to get one. I did it myself. I would get your numbers on what it would take to build your product.
Is there enough room to make money?? Your biggest cost and challenge will be the distribution of your product.
I would not get a patent on your product.... I would build the product with patent pending. A patent will not make you any money...
Make your money as soon as you can. Even if you have a Patent someone will find a way to make it different enough not to be the same as yours.
Put your time and effort into the numbers $$$$$ Do you truly have a product that people want. Can you make enough money $$$$$ For example if you can build it for a dollar and sell ten dollars. Is there enough difference to make money. Maybe you need to sell for 20 dollars to make any money.
Distribution will cost you a ton. Manufacturing will cost you a ton.
I know the feeling of not wanting anyone take your idea and beat you out of it.
Good Luck !

moneypit
02-09-2007, 09:11 AM
Patents can be worthless in alot of cases.. I think if you have a very unique product or design then its worth it. At that point get an attorney.

Racey
02-09-2007, 09:19 AM
Patents are a good way for a lawyer to make alot of money off you, unless your design is something that can't be modified to work around your patent, and you are looking at something that you will go into full production on making thousands of parts you will just be wasting your money. I've never had a patent but personally know a couple of guys that have them and ended up costing them more than they were worth.
This is a very rare case but:
A good example of a product that no one has been able to copy because it is not patented is the Fisher Space Pen, Mr. Fisher never patented it because he didnt want to devulge the secrets of manufacturing the special serrated ball point and nub, not to mention his ink formulas, he has been patent free for 40 years and no one has been able to recreate his writing instrument yet.

SummitKarl
02-09-2007, 09:32 AM
I hold a patent on a product in the motorcycle arena. I went to the effort to get one. I did it myself. I would get your numbers on what it would take to build your product.
Is there enough room to make money?? Your biggest cost and challenge will be the distribution of your product.
I would not get a patent on your product.... I would build the product with patent pending. A patent will not make you any money...
Make your money as soon as you can. Even if you have a Patent someone will find a way to make it different enough not to be the same as yours.
Put your time and effort into the numbers $$$$$ Do you truly have a product that people want. Can you make enough money $$$$$ For example if you can build it for a dollar and sell ten dollars. Is there enough difference to make money. Maybe you need to sell for 20 dollars to make any money.
Distribution will cost you a ton. Manufacturing will cost you a ton.
I know the feeling of not wanting anyone take your idea and beat you out of it.
Good Luck !
SB, your dead right
My previous electronics career of 20yrs saw me dealing with many a Patent Attorney for all kinds of products.
plane and simple, file for the patent, MFG under Patent Pending, be the first to market to establish your name as the standard, make your money as quick as you can, let the product pay for the patent, you can always go back and file for patent infringement once your patent is complete if some one directly copies it.
in the meantime....mail yourself a set of plans for your product....and do not open the letter when it arrives....the post office date stamp on the letter will help serve as a patent when the letter is opened in court....it is referred to as a poor mans patent

sangervdrive
02-09-2007, 09:44 AM
Patents also suck for situations where you developed the method of manufacture because when you get the patent then anyone can look at it and instantly know how to build it.

SB
02-09-2007, 12:28 PM
Talk to an attorney.
I agree with the stuff said above, and BTW the Japanese will rip you off within 24 hours, so you might need a patent in Japan as well. Now the Chinese are ripping off the Japs.

Captain Dan
02-09-2007, 02:09 PM
Post some pics of the product, (all sides) and a detailed spec sheet. We just want to see what it is....:D

RiverDave
02-09-2007, 02:24 PM
As somebody else said is there margin enough to make money and defend the patent if you have too? 8K is reasonable, but for a good patent attorney to run a real search, and put together an indisputable presentation to the patent office will cost upwards of 14 - 15K.
The wording of the patent is the key to whether or not others will encroach. That being said your lawyer is key, good lawyer = good patent.
Old man has I think 90 patents now and going.. As far as people saying you can juts "skirt" them.. Well either they didn't come up with something that original? or there lawyer flat sucks, becuase in big biz, patents are the only way to protect yourself.
DJ

OCMerrill
02-09-2007, 04:06 PM
My experience in this world was extensive years ago. I still hold a few design patents personally and we had products that had to have "World Wide" patents as one of the companies buying them (private label situation) sold world wide.
It costs BUCKS. You (as RD and others have already said) need a good Patent Attorney. Someone that comes with references. Just looking for and at prior art will not be enough. Your wording and claims need to be perfectly stated, cleverly written as to cover everything.
Remember a PATENT MEANS NOTHING UNTIL is tested in court. Even more $$. We all want to avoid it but if you claims are to vague court is where you will be headed. Trust me.
If you sell anything before you file then it's considered public domain. So as stated above...if you can make money...now and can get distribution (always our biggest problem) then go for it. Put Pat. Pend. on the deal and let it fly.
Pat. Pend. Rules
1. Be first
2. Flood the market
3. Be least expensive
4. Get out 1st and let someone else's copy ride the $$ into dust.
Good Luck.

LuckyStrike
02-09-2007, 04:13 PM
Ive got 2 US patents 2 Canadian patents and 2 each for all the International Areas (they are split into Groups) Except for the Asian Package.
Its Very expensive as well as maintanence fees Ect..
But in a recent case for my European patent on one product, B.P. Petroleum
Challenged my patent. The European Patent office ruled in my favor.
Now theres talks that they might want to buy my European Rights.
You just have to be Well represented by a knowledgeable Patent Attorney.
They will first do a search, Something you can do yourself as well I believe I saw a Web a couple of Theads Back.
If you dont find something similar in your search, Then you might want to consider that Attorney.

Kurtis500
02-09-2007, 04:45 PM
I think the last few sum it up well. I also have some filed. All a patent can do for you is ensure litigation in court. While your part is "patent pending" it can be copied. Once you are issued a patent then you can approach the court to have them stop producing and selling wherever your patent is legally binding (US-Europe etc). You can file for a patent pending and you have a year to convert to a full application. At that point, you must file in the foriegn office to keep your original application date. Foriegn patents are first-come-first-serve unlike the USPTO. If your design can be copied around or if it is not a neccessary component you may want to reconsider a patent. You can make more money marketing the part and becoming the go-to business for your idea. In addition, being small will allow you to offer the component cheaper than most anyone else making it difficult to take away your market share. $15,000 will go farther in marketing than in patenting in most cases. IMO.

HM
02-09-2007, 05:35 PM
Good thread! I have a patent I want to file. Looks like there is nothing close to what I want to patent....Midgets with Burning hair as hood ornaments. :D

Misogynist
02-09-2007, 05:51 PM
All good advice. But the best is to go Pat.Pending and flood the market and make a name for yourself. Unless you have the money to enforce a patent........ you might just as well piss into the wind. The Chinese don't respect any tradmarks or patents. So ,,, be advised. Someone can take your design, name , trademark,then manufacture and sell to the rest of the world and you are SOL. This happened to Faria gauges. He found out that his gauges were being counterfeited in China. Spent big dough fighting the counterfeiter only to find out that he didn't own the name or trademark "Faria" in china. Some chink owned his name and trademark. He now has to compete against knockoff counterfeits sold in latin America because of chinese law. The attorney's fees will bankrupt you. You can do some of the searching yourself by going to www.uspto.gov and searching. You will need a "tiff" reader to see the illustrations but one can be downloaded free. I'm warning you though. Once you figure out how to navigate the site...... it is more addictive than ***boat or any other boating site. You can link onto previous patents and see where they are similar and yet different. Good luck Oh... by the way... If you see any knockoffs of your design... don't expect a single bit of help from our government. They are too busy giving handouts to illegals.