First of all I’ll let you know that I tried to search on this subject but it wasn’t working for me. If this has been asked before, please refer me to the post.
I’ve been in the IT field for about 15 years now and frankly I’m getting a bit bored with it. I’ve checked around and found that there’s absolutely nothing I can do with my skills besides computer work and make a comfortable(for me) living at.
Therefore, I have a dream to finally get off my lazy computing butt and try to make some of these ideas in my head a reality. I don’t really trust anyone with my ideas and want to know the best route to take for developing and marketing an invention.
I’m sure some of you have been in this situation before. What has and hasn’t worked for you? I’m sure there’s a smart way to do this, and I’d love for someone to show me the light…
I don’t have any answers for you but I can guess at some questions that need answering first.
Are the inventions you wish to create something you can do yourself or do you need other people (with other expertise) to help?
Do you have the money to develop your inventions on your own or will you need to borrow some?
Do you see a legitimate need or use for your inventions or are they something you’d just like to do? (That said realize there is always room for another ‘Pet Rock’ type of thing…basically it is the realization that nearly anything might be profitable if you get lucky.)
How likely is your invention to be snapped up by competitors (this is good if they pay you for it)? How likely is it that your competitors will try and bog you down in BS legal proceedings for the rest of your life if they perceive your invention as a threat to their markets (this is bad)?
Realize that an idea is not patentable. You need a definite, tangible product to gain a patent (I think detailed design plans may suffice as well but I’m not sure). Be careful when approaching others with your ideas. Do you have an attorney to help you out in this?
In short if this is something you can do completely on your own you shouldn’t have much trouble (at least till you try and market your idea). If you have to bring in outside help or investors your world becomes a lot more complicated (and if you expect to get your product to store shelves and grow a huge company you will need to bring in outside help sooner or later).
I guess I don’t understand what you mean. How can you invent something without patenting it? Do you mean I should get someone else to patent any invention?
Crafter_Man and I have tangled before on the topic of the usefulness of patents, so I won’t go into detail other than to say I disagree with him.
You do not need a prototype to obtain a patent. You need to be able to describe the invention in sufficient detail to enable one of ordinary skill in the art to which it pertains to make and use the invention.
Patenting is a process of obtaining a grant from the government of the right to exclude others (in practice, the right to charge them license fees) from making or using your invention. You must apply for a patent to obtain it; it doesn’t just appear when you invent something. You should consult a patent attorney or a patent agent if you think you may want to file a patent application. You will find a great deal of information on patenting, geared to independent inventors, at the USPTO web site.
You should find a list of registered patent attorneys and agents at the PTO site (including myself). If there is a research university close to you, you may want to call their Technology Licensing Office and ask if they can make a recommendation. If you know anyone who has ever applied for a patent, ask who they used and how they felt about the process. Around Boston, it typically costs something like $10k to file a patent application, although that amount varies wildly depending on your technology and the quality of the material you give your attorney.
It is also possible to file a patent application pro se - that is, on your own behalf. This is generally not recommended, because a patent attorney will know much more about how to handle your application. It’s very easy to miss a deadline and abandon your application without realizing that you’ve done something wrong.
Watch out for sleazy invention promotion firms. I believe the PTO keeps a list of bad apples. Don’t let them tell you they’ll get you a “design patent.” You want a “utility patent,” which covers the functional characteristics of your invention. A design patent covers aesthetic characteristics only and is usually narrower.
[sub]While I am a registered patent agent, I have no agent-client relationship with you, and I do not know the details of your situation. You should not construe posts in this thread to represent legal advice.[/sub]