So, you thinking about a patent ?

[Ken_Shea]

I was reading Mark Reynaert (MrMold) blog on his web site and saw this link about Patents. In reading, how they just may not be what you think they are nor do what you think they might. I had been made aware of this many years ago by more then one small manufacturer, and I see it is just as true today.
I am not saying patents are not a good thing, just that they might not be such a good thing for your pocket book in many cases, and to protect that precious patent may not even leave you with that..


If a patent is presently in or on your mind then you may find this interesting.
http://www.bizine.com/patents.htm

Hope it's helpful reading
Ken

 

[InspirationToolworks]

I agree, that getting a patent is something to evaluate, not just jump in and do. Often it's just not worth it.

One of the most interesting offensive capabilities of the patent to me, is supposedly you can ask the customs department to seize imports of your invention. Does anyone know exactly how this works?

Thanks!

-Jeff

 

[Ken_Shea]

Jeff,
Knowing nothing about the seizing of import patent infringement, my best guess is that it doesn't work, at least in our favor.

Perhaps if we got an attorney

Ken

 

[David W]

Interesting, but nothing new, right?

I have to agree, that with the ability for other country's to pirate and thieve anything and everything they can come up with, then charge half your market price (cause it was made in labor camps)..... It really doesnt matter, or does it?

My business degree is from the school of hard knocks.
I've had many HUGE companies rip me dead straight to my face off. And laugh at me. LITERALLY.

So whats my advice?
Pay the hundred bucks for patent wizard, follow the instructions, send it in to the worthless uspto, get a provisional patent.
Now you have a year to bring your product to market. But, be careful whom you share your ideas and plans with.
If after a year, your products making money, I would almost tell you to get an International Patent first, but US patents are somewhat helpful, but they don't guarantee anything really. (That road Ive been down.) And its true, you'll think your good to go in court. But they (large companies) simply out lawyer you with endless bs papers being filed, goes on for years and your own lawyers gettin rich off your back....

So, my advice is to stick to a provisional patent. If it makes money, then think about it. Believe it or not, if someone infringes on a "Provisional Patent", you'll get more leverage in courts as far as "cease and desist" goes. If after a year, your product is NOT going to make money, just dump it you drawer and move on...........NEXT!

Hope thats helpful. Also see "protection of intellectual property")

David Woroner, Survival Consultants International, llc.

 

[InspirationToolworks]

David, my understanding was that you can't enforce a provisional patent. You can only go back and sue for infringement after the regular patent has been granted.

You can mark your goods "Patent Pending" though, until a year runs out, or you file a regular patent application.

Am I missing something?

-Jeff

 

[David W]

Based on the Provisionals contents...

I won a court case very quickly based on the specificity of the provisional.
The company in question had so blatently copied the work, that the judge scolded their attorneys for bringing it into his courtroom.

My only other experience was with a full patent, and that started to turn into a flaming aircraft, so I, "we" rather just bailed out...........

Just stating from my own "speriences"..... Best, dave