Printable View
Didn't we switch to a first to file method to avoid all this headache?Quote:
First thing you can do to help protect your idea is send yourself a registered mail with the details of your idea and don't open it. While this is not iron clad, it establishes when you came up with the idea.
Tag for later. The registered mail idea is the poor man's patent. And a good idea too. You could just make a superior product to ensure name recognition to ensure that cheap knock offs don't steal your idea and ruin it. Think EOtech and Apple Computers.
Good luck with your idea. Don't forget that after you get a patent that you have to set aside money for lobbiest, unions and other kick backs or you will see your baby get smothered by fat assed leaches trying to take your idea.
Microsoft didn't spend any money on lobbying and they got sued over internet explorer and was nearly broken up. Since then they spent a hundred million on lobbying and haven't had anymore trouble from politicians.
Stuff like that keeps new ideas from coming to the surface. That might be way we still use gasoline in cars and electricity is our greatest discovery... 200 years ago. We seem to be stuck in a hole of very little to no invention.
The registered mail idea is not a good idea, it is no one's "patent" - least of all a poor man's.
If you are worried about establishing an invention date, the best way is to file a provisional application - but that has some issues with it especially the deadline to convert to a formal application.
The real answer is to decide if the idea really has value, and if it does hire a patent attorney. There are no short cuts.
I didn't say or imply that the registered mail is a substitute for a patent, but it DOES establish a date and it HAS been upheld in court when needed for that very purpose. It is a step and one that does not hurt at all to have done for $5.00. There is no substitute for a patent application, period, and having a registered mail is not going to win a battle in court, but if there is a conflict and if there are the right circumstances then it can be helpful and it's damn cheap insurance for the just in case scenario. But, hell, what do I know, I only do this as part of my living :).Quote:
Originally Posted by spqrzilla
Whatever dude, the Internet should not be your one-stop answer. Most attorneys will answer your questions for free, and like others here I know a LOT of them around town if you need suggestions.
I prosecute patent applications for a living, and own my own IP business. My customers are startups and smaller companies who don't have big law firm deep pockets. Although the America Invents Act was passed on Sept 16th, the first to file provision isn't enforced until 18 months later or March 16, 2013. The best approach is to draft and file a Provisional application to preserve an early filing date, and then file a Non-Provisional application within 1 year. That will keep your costs down while getting an early filing date. Feel free to PM me if you want to discuss further.
I will say, in my experience, most of the time I end up talking first time inventors out of pursuing a patent. In some cases, it is valuable and even necessary in order to achieve commercial value. However, most inventors are unaware of prosecution, enforcement, and litigation cost and time requirements - and would be very ill-prepared if they needed to enforce. It is really important for inventors to be clear what their expectations are.
One other thing: I have an Aimpoint Comp M4 atop my AR, and am pretty familiar with Aimpoint products...
Singlestack
so what would be the better way to go to get my product made? it sounds like patents are not the way to go unless you have deep pockets....is there a way to just sell my idea?
Just in case, purchase and have filled out properly an inventors log book. See some of the details here: http://inventors.about.com/cs/logbook/ht/Log_book.htm
Works much better than a letter to yourself, as this is the "official" way to do it.
Next, hire a lawyer to write an NDA for you. Then get a demo made at one of the custom machine shops, there's plenty around.
Using that NDA, contact companies that could make what you're thinking of and ask if they'd like to either buy your idea for a set fee or a %. They'll have the deeper pockets to pay for the patent if it's worth patenting and not just cranking out as many as they can as fast as they can. Your name would be on the patent, but they'll own it.
I would call aimpoint, or another company that makes aimpoint related products and while not giving them your idea, try to talk with someone how "selling" them your idea would work. If they accept it, maybe they will pay you a lump sum or small percentage.Quote:
Originally Posted by cofi
you may risk giving the idea to a company that has the money and means to produce the item and tell you to pound sand after it's all said and done. that means money and lawyers on your end.
I'm sure some others will have ideas as well. If it is something you truly think will sell...like .mil contracts kind of sell, then you might want to talk to investors to get it done correct. you won't make all the money yourself...but at least you can make some money
thinking about subbing this out to a manufacturing company and just calling it something boring.... without a patent and just selling em myself
Shark Tank.Quote:
Originally Posted by cofi
But seriously, when you get rich, remember all your CO AR15 buddies...