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View Full Version : Getting a Patent on something ???



Liberator TJ1984
08-31-2006, 07:51 AM
Anyone know how to do this without getting your idea stolen ???
Seems like alot of you folks have your own products being marketed on here, what legal steps do I need to take ?
Thanks

gramps
08-31-2006, 07:53 AM
I would go to a patent attorney.

Cat & Mice
08-31-2006, 08:20 AM
You think boats are expensive!
You can get a provisional for around $2-3k depending on how complicated but it only last 1 year. To do a full patent it will cost about $10-15k, that does not include and drawings. Plus you won't know if someone already has teh same invention because they don't show up for 2 years on searches.
That being said if you really think you have something then it is really worth it. I have over 15 Technical patents and 10 design patents plus a ton of copyrights and trademarks. My Patent attorney makes way more then I do. :cry:
MP

phebus
08-31-2006, 08:21 AM
From what I've seen in the past with friends, a patent is worthless, unless you have a ton of money behind you, to be able to go through the judicial system if someone violates your patent rights.
I have had friends get patents, only to have someone copy their product. Then, when they contact lawyers to pursue their case, they find out they don't have the money to pursue a case against the violator, or that the sales from the product aren't enough to make it worthwhile.
Unless it is a product with a long term appeal, I think I would market the product, get while the getting is good, and then if someone else enters the market, and their market share makes it impossible for you to make a profit, just move on.

Froggystyle
08-31-2006, 08:31 AM
From what I've seen in the past with friends, a patent is worthless, unless you have a ton of money behind you, to be able to go through the judicial system if someone violates your patent rights.
I have had friends get patents, only to have someone copy their product. Then, when they contact lawyers to pursue their case, they find out they don't have the money to pursue a case against the violator, or that the sales from the product aren't enough to make it worthwhile.
Unless it is a product with a long term appeal, I think I would market the product, get while the getting is good, and then if someone else enters the market, and their market share makes it impossible for you to make a profit, just move on.
I couldn't disagree more. The more clear your patent is, and the more clear the violation the better suited you are to actually make money on the process. Without a patent/copyright you can only sue to cease and desist an infringement the first time. With IP protection you can start off with a $350K suit if need be.
Cheap compared to getting ripped off.

OGShocker
08-31-2006, 08:41 AM
I couldn't disagree more. The more clear your patent is, and the more clear the violation the better suited you are to actually make money on the process. Without a patent/copyright you can only sue to cease and desist an infringement the first time. With IP protection you can start off with a $350K suit if need be.
Cheap compared to getting ripped off.
Use Wes' Attorneys, THEY ROCK!!!

Bradman
08-31-2006, 08:58 AM
Our Patent Attorney is in Southern California, but here's his information
Dennis W. Beech
19900 Beach Blvd., Suite C-2
Huntington Beach, CA 92648
Bus: 714-378-0212
Fax: 714-378-0262

Cat & Mice
08-31-2006, 09:39 AM
From what I've seen in the past with friends, a patent is worthless, unless you have a ton of money behind you, to be able to go through the judicial system if someone violates your patent rights.
I have had friends get patents, only to have someone copy their product. Then, when they contact lawyers to pursue their case, they find out they don't have the money to pursue a case against the violator, or that the sales from the product aren't enough to make it worthwhile.
Unless it is a product with a long term appeal, I think I would market the product, get while the getting is good, and then if someone else enters the market, and their market share makes it impossible for you to make a profit, just move on.
I know people that have made millions with a patent alone. One guy had a that a large company infringe on his patent and they settled for $15mm with out a lawsuit. It was easier for the big guy to write that check then to have the bad press.
Also you can get an attorney to fight your case if you have a good case, Froggy is right make sure it is clear and detailed and you will have a better chance in a lawsuit. That being said if you can get a patent with vague terms you have a better chance of nailing someone with infringement.
All Patent attorney's have a degree in a technical field so make sure they match what you are doing.
Bottom line is to have a Patent is much better then not to have one. It makes you pretty mad when someone else comes up with your invention and you can’t do a damn thing about it. This has happened to me a couple of times and it won’t happen again.
Mike

cc239badlands
08-31-2006, 09:52 AM
I know two individuals that came up with some new products that were outstanding. Big corporations got ahold of them and basically stole the idea and marketed them. With the legal leverage and $$ they were able to drag the cases out so long that the individuals had to finally drop suit due to lack of funds to continue fighting. NO chance for the little guy. I understand that this happens frequently. :cry: