Patenting an Idea

Updated on May 15, 2010
J.G. asks from Chicago, IL
6 answers

does anyone know how to go about getting a patent for an idea for an invention. i have a great idea and have told my husband and brother who also think it can work. i have no clue how to go about doing this, i know there is alot of info on the internet, but i was wondering if anyone has ever gone thru this and what do i do first, what are some things to look out for, how do i not screw this up and end up giving my idea for free to someone else. any advice is helpful thanks

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S.K.

answers from Chicago on

Just a couple ideas:

You should have anyone you talk to about your idea sign a Non Disclosure Agreement...........

A Non-Disclosure Agreement (also known as a Confidentiality Agreement) is used when someone with an unpatented idea shows it to another party, and wants that party to maintain as confidential any information.

Here is a link to find out more about them:

http://inventors.about.com/od/nondisclosure/Non_Disclosur...

Also, you should put your idea down on paper and mail it to yourself via registered mail........DON'T OPEN IT when you get it back and you have proof of what date you had the idea from the postmark.

good luck with everything!!!!

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L.B.

answers from New York on

Read the Mom Inventors Handbook written by Tamara Monosoff. A great resource that will give you step by step advise and inspirational stories.

Keep your invention a secret until you file a patent.

Create a prototype to make sure that the idea works. you can use odds and ends found in the house or at the hardware store.

You are right there are alot of scams on the internet.

Good Luck

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S.H.

answers from Honolulu on

Just as an FYI: I would NOT go and tell people about your idea... it can get stolen or they can get it before you.
You tell someone, that person tells another person, that person then tells someone else etc. It doesn't matter that it was your Brother in law or best friend.

My Husband had a great idea for an invention/product... he told his BEST friend... who he thought would make a good partner. Well, that friend, went ahead and TOOK the idea from him, and did it himself. Oh yah, my Husband was PISSED!

Look online at the US patent office. And yes, it is a lot of researching... people actually get paid to process patents for people and do the legal aspects to it. There are TONS of different aspects to it... depending on what YOU are trying to patent.
Get a patent attorney.... or if you have a friend who is an attorney.

And yes, the Mom Inventors Handbook is good... and they have a website. Look into that.

all the best,
Susan

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R.B.

answers from Chicago on

First, check the U.S. Patent and Trade Office website. You can do a quick search for your idea (use some key words or concepts) to see if anyone else has something similar. If there is something similar, unfortunately, you're likely out of luck enough to not spend the thousands of dollars to have a patent attorney do a full search.

If there is nothing there and you're still feeling really good about your idea (i.e. is there a market for it? Would people be willing to buy this? Does it solve a perceived "need"? otherwise, why patent it?!), contact a patent attorney who can do a full search for you and who can determine if there are pieces of other people's patents that may apply to your idea. This can run $2000-$3000.

If at that point, the lawer comes back and says you're good to go, you start the real paperwork with the patent attorney to file with the patent office. If you want to make sure the paperwork is done right, I highly suggest using the attorney to draw up the work. This whole filing process can run upwards of $10,000.

IF you don't want to go through all this hassle and you try to market your unpatented idea to a company to manufacture for you, there is nothing stopping that company from stealing your idea and manufacturing it themselves and profiting from all of your hard work!!

My husband went through this (costly) process with a fantastic idea only to have the lawyer find that there was a small portion of someone else's patent that covered what he wanted patented. So he was out of luck. Patents are pretty all-inclusive that way. It's not just the end-product or idea that is patented. It's all the building blocks that are included, too. Thankfully, we didn't get to the $10,000 stage before finding that out!!

Good Luck!!!

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K.

answers from Chicago on

Just a few words of caution:
1. You need a good attorney to help you write a patent that is worth anything. If the application isn't written correctly it won't do squat to protect your invention
2. You must FILE for patent within one year of your first public disclosure of your invention. Or you no longer hold a claim on the idea.
3. Expect to spend about $10,000 or even $15,000 to get a good patent done right.

At the end of the day a patent doesn't give you anything other than the legal right to sue someone who steals your idea. This may not be worth it unless you really plan to pursue the idea. If you know someone who works at a university and may be able to help you with the idea, this is one possibility since you could go through the technology transfer office. Another option (depending on the application) would be to apply for a SBIR grant from the NIH. Good luck!

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K.K.

answers from Chicago on

Everyone had some great advice for you. The only thing I can add is the name of a great Patent attorney...Stephen Scherrer ###-###-#### He is the only local patent attorney in the area. He works out of Crystal Lake and also has many resources and contacts in Chicago. He is honest and reliable. Good Luck with your idea!

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