This morning i was struck with “an improvement to an existing product” that I wanted to submit/register/buy, whatever the term is for getting a patent. That’s the first step right? You have to do that before calling “Joe’s House of Stuff” and trying to sell it?
The “Inventor’s Kit” stuff that Google pushes in their featured ads seem like moneymakers for the people selling the kits…is this true, or are those a good way to go? If I’m not versed in legal terms and stuff, will I be able to apply adequately for a patent?
This invention would need a drawing, but it’s so ridiculously simple that i think I could sketch it even without any technical drawing experience (there’s no wiring, or mechanism or anything), but is a tech artist reccomended?
Has anyone ever done this or should I just forget it? (which I’ll probably end up doing if I get too tired)
First, you need to figure out if your idea is actually new. The fact that it’s not available as an existing product does not mean that it hasn’t been suggested before. You can search at the USPTO web site for issued patents and published applications. Also do a web search, and any other published resources that you think may be relevant.
Things that simple often are found to be obvious and therefore unpatentable, but simplicity does not by any means exclude patentability.
If you think it’s patentable but you need to seek funding before pursuing it, one option is to file a provisional patent application. This is an inexpensive option that buys you some time. It is not examined, but it “holds the date” for anything that’s in the provisional application as long as you file a “real” application within one year after the filing date of the provisional. There are pretty much no formatting requirements for a provisional application (well, it does have to be printed on only one side of A4 or letter size paper, but I think that’s about it). To get the benefit of the filing date, it must describe the invention you will eventually claim sufficiently to enable one of ordinary skill in the art to make and use the invention.
In general, most invention development companies are scams. They will apply for a design patent (which covers how your device looks, not how it works) and charge you out the wazoo while doing little or nothing to actually market your invention. The USPTO tries to crack down on the bad ones, but new places keep starting up.
I am a patent lawyer, but not in private practice any more (so I couldn’t represent you). If you PM or email me your location, I might be able to help you find somebody reputable to talk to about whether your invention is worth pursuing. The cost of getting someone to file an application for you typically starts at $10k, so it’s usually only worth doing for something with a lot of sales potential, that is sufficiently easily copied that you need the patent to be able to lock others out of the market.
Good luck!
Just wanted to say that that was an awesome post! Exactly what many of us dream the SDMB could be, without all of the half-assed guesses and silly jokes before anyone who really has the goods can deliver. In IMHO, at that.