Patent Lawyer in the House?

[petek]

You know how you, well I do, sometimes think wouldn't it be great if you'd thought of something first. Or you think, like I do sometimes, wouldn't it be nice to invent something or enhance something already out there with a great new idea. Well just this evening such an idea popped into my head while my partner and I were working in the garage and I was wondering how on earth you can safely take your idea without it being "stolen" and find out if it already is patented etc. before you even mention what it is to anyone? Is this done thru a patent lawyer or a regular lawyer or what? Do you actually have to "construct" it or can it be done as a drawing or just in the written word, etc.

Has anyone any experience with this?

 

[petek]

As an example for washer folks,, Say the GE Filter Flo washer type never existed but one evening you were watching your GE washer and thought to yourself.. hey if they routed the water up to the top and you slipped on a filter pan over the agitator to catch that waterfall you would have continually filtered wash water..
How would you go about bringing that idea to GE and getting the credit and of course a possible big payment or residuals for your bright idea?

 

[petek]

Well I did a little surfing and found out information.. but in doing so I also found this fabulous invention for sale. Everybody needs one

http://www.invention.net/payne649.htm

 

[petek]

Here's a whole list of them to look and laugh (at some)

http://www.invention.net/house.html

 

[toggleswitch]

One lump or two? -Bugs Bunny

I no longer laugh!
I believe I had heard that the solution to moldy wrapped sugar cubes was to put two slits in the (paper) wrapper.
The "inventor" became rich.
Moral: Having a slit installed can make you some major money.

 

[whirlcool]

You've got to be careful as I have heard that there are a lot of rip off artists in the patent field. These places tell the inventor that they can make a lot of money for them, ask for huge "up front" fees and then disappear without warning. If you use any of these firms, make sure you check them out first. Ask for a list of people who have used them before and have been sucessful.

 

[58limited]

Do not send it to one of those patent (or inventor's) services that advertise on TV. Either do the work yourself, or hire a patent attorny. One of my college buddies is a patent attorny. He told me that you can't even discuss your invention with others - by doing so you make it public domain.

 

[rocketwarrior]

First, the homework

Pete,
You are very bright, and computer savvy. So, the first step is to go to USPTO.gov and click and read and click and read and then start your own search. That will give you a "feel" about whether others have plowed your turf.

Be careful, and be realistic. Mosf of the best ideas have already been registered. This business (inventors)like many entrepreneural pursuits is one in which many are called and few are chosen.

Over my legal career (and I am not a patent lawyer, but work with those folks from time to time)I have found that even a lay person's, but thoughtful and diligent, search on that site may give you a better "perspective." Most of the new "ideas" that are shared with me are already of record. And this is not meant to dampen your enthusiasm.

Anyway, give the site a whorl and let me know if you need some informal help. Wish you well. The guys are right, though, about not giving $$ to the "submit your idea to industry" folks. My experience is that they will pump sunshine up your differential and keep coming back for more.

Good luck and let me know how it goes.

 

[sdlee]

Super good thread, I too occasionally think i could improve this that way or come up with my own ideas. I never thought to pursue simply coz I dont not know how to not get ripped off.THis is great eye opening leader info. Thanks to all for thier input....maybe its time to start thinking again....hmmmm

 

[rocketwarrior]

Technical Point

The advice, or gist, of David's post is good but the content is not quite accurate. And the only reason for me pointing this out is to say that having already discussed an idea does not make it unpatentable. But it could lead to events that prevent pantentability.

That is, someone you talk to could claim it as their own, or describe or discuss the invention in a publication (i.e. a newspaper article) and if you do not apply for the patent within a year of that publication, the publication could foil your application.

Of if the invention has been used or sold more than a year before application.

So, listen to David in the sense that if you intend to "protect" an idea, you should only share with people with whom you have established a "safe" relationship. And remember, without the safety, they can mess it up.

Okay, disclaimer: I accept no obligation to answer technical/legal questions and accept no obligation to point out technical/legal errors as/if this thread continues. As indicated above, I am not a patent lawyer. (It's a mine field out there - smile)

 

[pturo]

I took patent law in Graduate school.
It varies by country as how the legal claim to an idea is assigned. In the US, there must be "prior art". Europe and Asia are usually first to manaufacture, where USA has first to invent rights.
A drawing, a mock up, a model or something in a fixed media that proves you came up with the invention at a point in time. A discussion with a friend or a company with no prior art to document the idea leaves it open for anyone to steal and manufacture and market. Even a diary with a sketch or mention of the idea can win a patent suit in the US if it is found that there is infringment.

No one needs a lawyer to file a patent in the USA. Write down all of your ideas first, date them and then file. The US patent office runs slower than molasses in January, they do not have enough people to handle the patents in the cyber and technology age, but they will eventually get to you.

If you work for a company, your intellectual property and inventions related to the industry belong to them, even though the patent is written with the inventor's name, and the company is an assignee.

If you think you are inventing the next wheel, you better quit your job at the tire factory before filing a patent.

The European Union is changing to closely follow the US in first to invent with prior art, but China is still first to market.

WRITE EVERYTHING DOWN AND DATE IT, is the lesson with patents.

 

[petek]

Interesting stuff,, thanks for the insights everyone..