While ordering office supplies this morning, I got a GREAT idea for a new type of file folder (something I’ve never seen anywhere before, and I’ve been an administrative / clerical worker most of my working life…). I really think this idea would fly, but at the moment, I’m stuck at ground zero.
What do I do?! How do I patent this? Or is a file folder design something you copyright? And what’s the difference between the two? (I’ve already warned everyone in the office that if I see this file folder idea on the Office Depot shelves in the next month or two, they’re gonna have some ‘splainin’ to do…)
Oooo-hooo!!! I’m gonna be RICH!!!
StoryTyler
“Not everybody does it, but everybody should.”
I’d do a mock-up of one - actually make one so when you eventually have to go to a designer, they’ll have something to produce specs off from.
Here’s the link to the U.S. Patent and Trademark Office www.uspto.gov .
You may want to see if there is an attorney in town that works or has worked with filing patents; IIRC, there’s a lot of paperwork. I don’t think you NEED an attorney though. Keep everything under wraps; you may want to consider writing down your idea in great detail and file it with your County Clerk. That way there has been something documented legally in writing when you had the idea so someone else can’t come along and claim “earlier” on ya!
PS - There is a way (your attorney will know how) to file just the idea; no mock-ups, drawings, or technical data is needed. The main purpose is to be the first to tell the PTO that this is your idea. If anyone else files a similar (or duplicate) application, the patent examiner will see your application brief and tell the usurpers that there’s already a claim to that idea.
This will give you a few months to work on the full technical pacakge.
Be aware that if you don’t follow through with a full patent, your initial claim will expire. The usurpers will probably try again and this time they’ll be successful.
Wrong thinking is punished, right thinking is just as swiftly rewarded. You’ll find it an effective combination.
Great tips! Thanks y’all! So, anyone know about how much a patent lawyer charges? Just a general idea would help (wondering how soon that income tax return will arrive)…
StoryTyler
“Not everybody does it, but everybody should.”
I don’t know much about the process but my one piece of STRONG advice is to steer clear from those “inventor” services that advertise on the radio and elsewhere. Many of them are frauds that are in the business of simply drawing money out of people who have what they think are good ideas. They will collect money up front to “process” the invention, but do nothing to actually get it patented or developed. See this report from the Federal Trade Commission web site http://www.ftc.gov/bcp/conline/pubs/services/invent.htm .
Hmm, my experience is that patent lawyers are expensive, Ty, at least patent litigation lawyers charge LOTS more than I do and you KNOW how overpriced I am! Might be somebody at that famous San Francisco law firm with the initials that make it sound like, well, you know.
OTOH, applying for a patent might well be something that a patent lawyer might do for a flat fee. Call around a bit and inquire. I’m sorry I can’t do it for you – it’s WAY out of my field.
Remember your poor friends when you are rich and famous!
Yeah, this is the word I’m getting from other friends in the biz… But I’ll do some nosing around and see if there might be a flat-fee guy out there. At least I can still CYA (or CMA, as it were):
Still, it apparently takes a ton of money to make any… sigh!
StoryTyler
“Not everybody does it, but everybody should.”
I’ll take a case!
Might be somebody at that famous San Francisco law firm with the initials that make it sound like, well, you know.