Before You Start Spending Money Decide If You Even Need a Patent and What Type

Roger Brown Mon 7 Mar 2011 - 15:11

I get hate mail all the time from ticked off Patent Agents and Patent Attorneys. They tell me how I am killing their business telling people NOT to ever get a patent. Let me make one thing perfectly clear. I have nothing against Patent Agents or Patent Attorneys and I have not said NEVER get a patent. What I have said is don't just run out and get one and make sure you even need one before spending the money.
Patents are tools and should be used when needed. If you have a product that is a fad item and you expect it to have a 2 year run, you need to decide is it worth $18,000 for a patent that won't even get through the system before your product is no longer on the shelf? Do you spend that large amount on a product that is going to net you $1,000 a year in royalties? It will take you 18 years to break even.
Your patent is only as good as the person that wrote it and the claims that you get approved. If you wrote it when you first started developing your product does it cover the final product? Will a design patent cover your needs or do you need a Utility patent or a combination of the two or something else? There are a lot of questions you need to ask before you spend the first dime. Don't let paranoia rush you into a bad costly decision.

Mark Reyland Tue 8 Mar 2011 - 0:48

Great advice Roger....always do your homework

Mark

Nikica Precepa Sat 30 Apr 2011 - 8:50

Roger Brown wrote:I get hate mail all the time from ticked off Patent Agents and Patent Attorneys. They tell me how I am killing their business telling people NOT to ever get a patent. Let me make one thing perfectly clear. I have nothing against Patent Agents or Patent Attorneys and I have not said NEVER get a patent. What I have said is don't just run out and get one and make sure you even need one before spending the money.
Patents are tools and should be used when needed. If you have a product that is a fad item and you expect it to have a 2 year run, you need to decide is it worth $18,000 for a patent that won't even get through the system before your product is no longer on the shelf? Do you spend that large amount on a product that is going to net you $1,000 a year in royalties? It will take you 18 years to break even.
Your patent is only as good as the person that wrote it and the claims that you get approved. If you wrote it when you first started developing your product does it cover the final product? Will a design patent cover your needs or do you need a Utility patent or a combination of the two or something else? There are a lot of questions you need to ask before you spend the first dime. Don't let paranoia rush you into a bad costly decision.

Roger Brown Fri 15 Jul 2011 - 8:09

Nickia, There are always alternatives if you don't have the money to spend on a patent. You can file for a PPA which runs just over a hundred dollars. This gives you a year to find more funding, find investors if you want to go that route, approach companies and get them to pay for the patent.
I do it even more differently. I don't pay for a patent or even a PPA. I use a nondisclosure agreement (NDA) and a sell sheet to approach companies about licensing my product/idea. If they are interested in licensing the product/idea THEY pay for the patent. I have 9 products licensed using this method and have spent less than $100 on each and some as little as $8.
You have to use what best fits your situation and what you feel the most comfortable doing. Some Inventors will not show their product/idea to anyone until a patent has been issued. This can take a couple of years to accomplish. Using my method I can have my idea in front of companies the same week I come up with the idea. I had the idea for my Quick Clip go from idea to a signed deal in less than two weeks.

Mattula Mon 12 Dec 2011 - 22:20

Rodger.......What if a company signs a non-disclosure form and passes your idea to a foreign subsidiary and imports it back to the US? There's no way to track that and prove a breach in court. Im fearful. I do realize that only an international patent would solve this, but isn't this worth a thought? confused

Isn't it true that the current law states.....first to invent......not first to patent? Atleast till March 2013?

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Before You Start Spending Money Decide If You Even Need a Patent and What Type

Before You Start Spending Money Decide If You Even Need a Patent and What Type

Re: Before You Start Spending Money Decide If You Even Need a Patent and What Type

What if you dont have that money?

What if you dont have that money?

Doing business with out a patent.

Re: Before You Start Spending Money Decide If You Even Need a Patent and What Type