Have you ever patented something?

26 replies
Does anyone here have experience with patents? The reason I ask is I came up with an insanely simple idea for a useful product that could be manufactured out of plastic very inexpensively and sold for a good profit margin, would I need to file a patent to protect my idea?

Is it worth it? Could I make a business selling these things without a patent? Any insight/advice? I'd appreciate it a lot, thanks a ton!
#patented
  • Profile picture of the author Phil Ayres
    Absolutely, if you believe that this can be profitable, you have no other protection than a patent. It is expensive and a lengthy process, though. Be prepared for that.

    On the other hand, you can get the ball rollin', as well as the patent process. I wouldn't worry about the patent until I knew that someone would buy it. Good luck.
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    • Profile picture of the author jan roos
      Patents are indeed a very lenghty and expensive process and sometimes not even a patent can deter a big company ripping you off blatantly because they know they can smother you if you try and defend your patent etc. This happened to me and my partner recently. Good thing we have a much better product than the other guys but still it can be scary.

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  • Profile picture of the author css
    What I think I know:
    If it is made out of "one" piece of plastic then it falls under the design patent. Which is cheaper and easier to work with. $10k min to get up and running. Once you go public with your idea you have legally 1 year to bring it to market (with a patent I should say). After that it is fair game. If anyone helped you in the idea they must be listed as co creator's no matter how small of the input. Good luck.
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    • Profile picture of the author Andy Money
      Does anyone know the legalities/technicalities involved with it being very similar to something already available--but used for a different purpose? For example, let's say it looks just like a laundry basket, but it isn't one and it isn't intended to be used as one.
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      • Profile picture of the author css
        Originally Posted by Andrew Maule View Post

        Does anyone know the legalities/technicalities involved with it being very similar to something already available--but used for a different purpose? For example, let's say it looks just like a laundry basket, but it isn't one and it isn't intended to be used as one.
        All you have to do is show that your design is an improvement on something else. From what I hear.
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    • Profile picture of the author Killer Joe
      Originally Posted by css View Post

      What I think I know:
      If it is made out of "one" piece of plastic then it falls under the design patent. Which is cheaper and easier to work with.
      This is wrong. A single piece of anything can be awarded a utility patent as long as it meets the requirements for getting a Utility Patent.

      $10k min to get up and running.
      Who makes up these numbers? :rolleyes:

      If you have a good idea you can even get paid in advance for your idea.

      Once you go public with your idea you have legally 1 year to bring it to market (with a patent I should say). After that it is fair game.
      Wrong again. You have one year from the date of offering a potential invention to the public before a Patent Application has to be on file. Bringing it to the market has no relation to anything.

      If anyone helped you in the idea they must be listed as co creator's no matter how small of the input. Good luck.
      Wrong again, again.

      In order to be listed as a co-inventor the person or entity must have contributed at least one idea that is spelled out in the Claims of the Patent.

      Andrew,

      There is so much wrong info in this thread it's nuts. As someone who has been awarded several Patents for my ideas I can tell you if you are serious about looking into monitizing your idea your best bet is to do research on a forum other than a marketing forum.

      KJ
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      • Profile picture of the author Andy Money
        Thanks KJ, I actually just did some research on my own and found an inventor who's made some pretty huge inventions just by going straight to manufacturers--i.e. he didn't patent any of them and still profits from the royalties. This is starting to look like the route I'll go. Thanks a ton for the input
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      • Profile picture of the author Killer Joe
        Originally Posted by css View Post

        No **** dumb ass. He said it was plastic
        That is a rough generally excepted figure and you know it.
        For a small fee I'm sure.
        You got me there.
        Straight Bull****
        Dont listen to this crap.

        I wasn't trying to be a ****ing lawyer guy, so piss off. Andrew Maule watch your ass for guys like this. They try to slick talk you into a piece of your pie
        So twice now you've shown your ignorance here in this thread. I'm sure we're all impressed.

        KJ
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        • Profile picture of the author Killer Joe
          Originally Posted by css View Post

          Down playing my honest advice to the OP that you destroyed.
          That wasn't honest advice, that was fantasy. The OP deserves better than that misguidence.

          Here's a word of advice...stop hijacking this thread and let folks who actually know something about what Andrew is asking about respond. I have a proven track record, all you have to do is go to the US Patent site and look me up if you think I'm kidding.

          My apologies to the OP...

          KJ
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          • Profile picture of the author css
            Originally Posted by Killer Joe View Post

            That wasn't honest advice, that was fantasy. The OP deserves better than that misguidence.

            Here's a word of advice...stop hijacking this thread and let folks who actually know something about what Andrew is asking about respond. I have a proven track record, all you have to do is go to the US Patent site and look me up if you think I'm kidding.

            My apologies to the OP...

            KJ
            Look killer your doing it again. Keep downplaying...
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  • Profile picture of the author yamahafzr
    If you believe that the product is really revolutionary make sure you establish a crazy marketing campaign for it so that you can get the most out of your one year free of competition. You may want to look into getting some investors.
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  • Profile picture of the author DogScout
    One true thing, you do not need a lawyer.
    You can even file online in about an hour for usually under $500 (that goes directly to patent fees.)

    Dot your i's and cross your ts. Once you file, even though the process takes around a year if you hit any glitches at all (and seems like you always do) that info becomes public. If you miss something or leave a door open, someone will find the opening and exploit it. If the corporation that does that messes up... even a little, you can become rich by suing them later; BUT they have to have made a mistake.

    Example: alternating wiper inventor messes up the application (with a lawyer) and Ford found several openings and filed several patents that while they used the basis of the original inventor's idea, were just different enough to qualify. The original inventor sued and lost. Died broke and broken. Effected the whole family. It was a mess. In his case having a lawyer didn't help him. The patents I have seen usually involve several related patents to close those holes and/or processors.

    It is a messy business. If I had an idea, I think I would sell it. But that is me.
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  • Profile picture of the author Edge88
    I had a similar idea a couple of years ago. (a cheap and simple mechanism made of plastic). At the time I spoke with some really smart entrepreneurs who worked at my university. He pointed out to me that even though the profit margin of my invention could be large in proportion to the cost it still was not a substantial amount of money. say it takes 20 cents to produce and can be sold for 60 cents to retailers. thats a 200% profit margin, but 40 cents per item sold was not enough to cover all the startup costs... so you should consider that in your decision, I don't know how much profits your idea will make.

    About the process of going directly to manufacturers and somehow work a royalties deal... could you tell me some more about that or where you read about it?

    I want to know because I had another and didn't decide to really look into it until a couple of years later, I was only like 17 at the time I first had the idea. 2 or 3 years later I spoke with a venture capitalist in my university and he actually liked the idea, we did a patent search and turns out Black and Decker had just patented the same idea lol
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    • Profile picture of the author Killer Joe
      Originally Posted by Edge88 View Post

      About the process of going directly to manufacturers and somehow work a royalties deal... could you tell me some more about that or where you read about it?
      Grimms Fairy Tales.

      Seriously, that tactic is one big long shot at best. Here's why...

      Manufacturers in the area of your invention won't sign any NDAs or the like. They may be working on something similar, or have already seen the idea. (It happens)

      You will need to approach them without any other protection except for your pending Patent. Without Patent Pending protection you will be going in naked.

      Not only naked, the mere act of doing that can cause complications down the road if you do file for a Patent.

      The bottom line is if you want to make money with your ideas for a new physical product either file a Patent before you approach manufacturers, or market the daylights out of it yourself so you have "first to market advantage".

      The former is a fraction of the cost of the latter. There are a lot of products making millions of dollars that have no Patent protection. What they have is a promoter with deep pockets.

      And something else to consider, manufacturers will rarely take a chance on a new product brought in from the outside. That's not what they do. You will have to do all the legwork in advance of approaching them, and that means showing them the item will have IP protection.

      Are there exceptions to this? Yes there are, and folks do win the lottery in countless locales almost everyday of the week. And the odds are about the same...

      KJ
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      • Profile picture of the author Edge88
        Originally Posted by Killer Joe View Post

        ....You will need to approach them without any other protection except for your pending Patent. Without Patent Pending protection you will be going in naked.

        Not only naked, the mere act of doing that can cause complications down the road if you do file for a Patent...

        KJ
        Thanks KJ,that's what I thought. It's gotta be pretty difficult to convince anyone to give you royalties on something you have no ownership (patent) to.
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  • Profile picture of the author pokerdawg
    Check this book at Amazon: Nolo's Patents for Beginners

    Nolo is a big legal publisher and has several books on the topic. Patents are complicated. We secured a process patent a few years ago - which is not easy to do.

    As far as going to a manufacturer with an idea, that's the last thing I would do... if you have no protection, it is too easy to steal your idea.

    Some of what was discussed above is the concept of a "provisional patent" - look it up in the books. It is what lets you "get started" without a full final patent application.

    But as was suggested above, consult with a lawyer. It is expensive (believe me) but it is worth it. Yes, you can do it yourself, but that doesn't mean you should... if you really think you can make millions, get a lawyer. If you can't afford one, get a partner who can pay for the patent protection.
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  • Profile picture of the author NyceGuy
    I had an idea for a plastic product 6 months ago, and went through the ardous process you may be going through right now. After going through lawyers (I think 5 or 6), I did realize that:

    1. Going full-swing for a patent will vacuum your bank account, and this is before you even know whether your product is something the consumer even wants or needs.

    2. I ended up not bothering about the idea protection after all. But if you still want to do so, then better off go for the "provisional patent". More info on this link :

    Provisional Application for Patent

    It'll be waaaaay cheaper, which will still protect your idea, and you will have upto a year to either apply for a full potent or forfeit.

    3. Many prototype designers, developers and manufacturers will tell you that, "eigh, I have seen this idea before, or somewhat similar, so what makes you think this will sell". So you better stick your foot on the ground, and if you believe in your product the better.

    4. This one will be hard to swallow. But its the truth. **Local prototype designers, developers and manufacturers are way too expensive to hire for tasks. And by local I mean within the US**. I got quotes ranging from $3000 -- $12000, just for a 7 x 2 x 2 product.

    I eventually did use a manufacturer in China to build the prototype for a fraction of that. It costed me less than $500 to do the same. It was not the best thing yet, but a prototype simply should test the workability, form, fitness, design of the product. Its the first version of the idea that only exists in your head to something tangible -- so that gets the job done. But everyone does it differently.

    5. You gotta believe in your product. It doesn't matter how simple it is or how *stupid* it seems. Check the following for simple product that made millions.


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  • Profile picture of the author MoneyRaker
    If you belive in your idea and that it is genuinely based on innovation and brings up something new - YOU MUST GO FOR A PATENT. Yes, it may be a little expensive - but once you get a patent you'd realise that it was just peanuts.

    Getting a patent means that you have been recognised for bringing up something that world didn't know earlier - It also means that alot of biggies will be interested to purchase your patent - atleast they'll invite you for a coffee.....

    And I am telling you selling a patent to an established company can be profitable like hell!
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  • Profile picture of the author BrianMcLeod
    If the folks on this thread only knew who they were talking to about inventions and new product development...

    Please listen to Bill.

    The end.

    Best,

    Brian
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