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Patent Advice for a Physical Product

by Scott Holmes
6 replies
Hi folks
I am in the prototype building stage of creating a new product for the dart industry (steel tip English darts).

Not being sure how well this product will sell keeps me from investing a lot of money in a patent for the time being.

Is there any way I can protect myself until I test the market and see if the product will convert?

I plan to promote it locally to start with and then on ebay. I am still waiting to hear back from a couple huge sports equipment manufacturers about the legality of converting their product into mine (logo/trademark infringement).

Sorry that I can't offer more info at this time but that is why I am asking for advice to protect my un-patented product.

Any advice would be greatly appreciated.
Thanks
Scott
#advice #patent #physical #product
  • Profile picture of the author stevenh512
    Personally, if it's your invention and you plan on selling or licensing it, I think you should get the patent. Technically there is the concept of "prior art" as far as patents are concerned, and you should be covered if someone else patents your idea as long as you can prove you invented it first.. but unfortunately the best way to prove you invented it first is to get the patent before somebody else does.. lol
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    • Profile picture of the author Floyd Fisher
      Originally Posted by stevenh512 View Post

      Personally, if it's your invention and you plan on selling or licensing it, I think you should get the patent. Technically there is the concept of "prior art" as far as patents are concerned, and you should be covered if someone else patents your idea as long as you can prove you invented it first.. but unfortunately the best way to prove you invented it first is to get the patent before somebody else does.. lol
      Yeah, I agree. Not only that, but applying for a patent now will save you in legal fees (and court fights) down the road as well.

      Think of it as buying insurance.
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  • Profile picture of the author James A. Miller
    I can't advise you on patents but I can recommend that you get a book on patents from NOLO publishing. I've got one about the copyright and it was a quick and informative read.

    You can ask guys from NOLO at Dear Rich: Nolo?s Patent, Copyright & Trademark Blog as well.
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  • Profile picture of the author DonDavis
    Scott- My brother has produced a product that I think you might find of use.
    You can find additional info at Learn Patents
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  • Profile picture of the author ElectricChili
    You should read Don Lancaster's papers on his website. Don used to write for Popular Electronics and Radio Electonics. He has some strong opinions on them. These docs include...

    The Case Against Patents
    When to Patent
    How to Bust a Patent
    Patent Horror Stories

    You can get them at Guru's Lair: Patent Avoidance Library for free. No optin required.

    Rich Scherlitz
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  • Profile picture of the author Rezbi
    The thing to keep in mind is, if it's just an idea you have no right over it.

    If you make the prototype and patent it, that could be different.
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