To patent or not to patent…that is the question

[Backwoods101]

Obviously I can’t give away my million dollar ideer but at what point can you patent a new “concept” and if’n it’s not patent worthy…what’s the best way to somewhat protect said ideers?

I have a unique product in mind that I would say is more of a concept than an invention due to the fact that all of the components to my product already exist.
A close comparison (for conversation purposes) to my product would be the good ol ice chest…say your the first person to offer an ice chest with the bottle opener, radio, wheels and a telescoping handle…can you and how would you protect the product?


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[flywise]

Go to the patent office website. I protected a deer stand design for a year back in the early 90’s. Really have a hard time remembering the actual name of the paper work I fill out with sketches and a couple hundred bucks. It was not called a patent pending. The folks who answer the phone can be very helpful as well and might be able to answer your questions.
Good luck

[TxBowHntr]

Obviously I can’t give away my million dollar ideer but at what point can you patent a new “concept” and if’n it’s not patent worthy…what’s the best way to somewhat protect said ideers?

I have a unique product in mind that I would say is more of a concept than an invention due to the fact that all of the components to my product already exist.
A close comparison (for conversation purposes) to my product would be the good ol ice chest…say your the first person to offer an ice chest with the bottle opener, radio, wheels and a telescoping handle…can you and how would you protect the product?


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Draw up the designs and send them in. In your example, I would send in patent requests for EACH concept. 1 for wheels on ice chest, 1 for telescoping handle on ice chest, 1 for bottle opener, etc... This way, you are patented each concept, not ALL of them together. Depending on your idea, it will be very difficult, but not impossible. It will depend greatly on how you describe the product/concept and how it is written. If you are unfamiliar with this, I would recommend getting some help from a professional like a patent attorney or the like. They will give you advice on if your idea is patentable, which type of patent to go for, and how to write the application.

[175gr7.62]

You have to balance out cost of patent work with the potential value. I deal with this every day. The majority of the time a patent isn't worth it. You have to provide a detailed description of your design in the patent along with your independent and dependent claims. A good engineer/designer can make enough changes to get around a patent except in the case of truly novel/high-technology items. A good patent attorney can help but that requires big bucks.

[hammer63]

Whatever you do, do not use Legal Zoom for patent applications. I spent $45K trying to get a patent but the language in my Legal Zoom provisional application had me tied up in how much I could add to my full application. I feel like I hired a good patent attorney but even he couldn't sway the examiner to see things our way.

If you've got an idea that is commercially viable, my advice to you would be to put that money into product, not a patent...unless it's going to make you millions...then. I'd at least talk to an attorney. JMO

[Txhunter3000]

I had a quadriplegic neighbor that got a patent on a wheelchair leveling device. A couple of the big wheelchair companies made wheelchairs with his design. He called them and told them about his patent and their answer was sue us. Unless you have really deep pockets ......

[Target-panic]

Design patents are good, Intellectual Property Patents are better. Include every angle that your idea can be approached from. This will help keep others from taking advantage of your idea.

Not sure but copyright the design plans might be beneficial too.

Can the design be monetized easily? A patent without being about the build and sell is not much more than bragging rights.


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[TxBowHntr]

I had a quadriplegic neighbor that got a patent on a wheelchair leveling device. A couple of the big wheelchair companies made wheelchairs with his design. He called them and told them about his patent and their answer was sue us. Unless you have really deep pockets ......

This is also true. In order for a patent to be effective, you HAVE to defend it. You don't need deep pockets. If it is indeed infringement and a cut and dry case, many lawyers will take it as legal fees are almost always included in the lawsuit. If you don't defend the patent, then ANYONE can infringe and you have no recourse.

[Quackerbox]

I had a quadriplegic neighbor that got a patent on a wheelchair leveling device. A couple of the big wheelchair companies made wheelchairs with his design. He called them and told them about his patent and their answer was sue us. Unless you have really deep pockets ......

A guy I was in the 8th grade with designed a motor to spin the wheels on a commercial airplane the same speed as the plane so that it wouldnt skip and burn upon landing thus saving tire life. Needless to say he won the science fair for the area.

Good year or whomever makes the tires for the planes bought his patent and curbed it.........

[bowfishin fool]

You have to balance out cost of patent work with the potential value. I deal with this every day. The majority of the time a patent isn't worth it. You have to provide a detailed description of your design in the patent along with your independent and dependent claims. A good engineer/designer can make enough changes to get around a patent except in the case of truly novel/high-technology items. A good patent attorney can help but that requires big bucks.

I’m almost 35k deep into my patent on a pipe saddle cutter for pipe fencing…

I started with a good patent attorney who is a cousin of mine. We thought this invention was worth it and when we go commercial with the product we will defend it.. it is way more involved than I ever imagined. A patent and a defendable patent are two separate animals.


On the flip side we’ve designed two new Downhole tools for the oilfield and have decided defending the patent against companies like Halliburton and Baker Hughes are not in our pocket books. So we did not patent, and have decided flood the market with our product and get the 18 month head start it will take them to reverse engineer it.


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[S-3 Ranch]

This is also true. In order for a patent to be effective, you HAVE to defend it. You don't need deep pockets. If it is indeed infringement and a cut and dry case, many lawyers will take it as legal fees are almost always included in the lawsuit. If you don't defend the patent, then ANYONE can infringe and you have no recourse.

True my 1st cousin, patented a type of recycled plastic & wood products, for making decks and furniture, privacy fence,
Larger companies can change just one part of the recipe and the patent is useless and indefensible, I think he received a small sum
Just to drop the lawsuit

[locolobo]

I used to work for Dow chemical and knew a scientist there. He told me tht they were bound bby their contract, to receive a small stipend in return and Dow got the patent. This guy came up with a UV resistant plastic. He got fence posts for his 100 care tract in E. Tx., for life. He's passed on now.

[Rubberdown]

I’m almost 35k deep into my patent on a pipe saddle cutter for pipe fencing…

I started with a good patent attorney who is a cousin of mine. We thought this invention was worth it and when we go commercial with the product we will defend it.. it is way more involved than I ever imagined. A patent and a defendable patent are two separate animals.


On the flip side we’ve designed two new Downhole tools for the oilfield and have decided defending the patent against companies like Halliburton and Baker Hughes are not in our pocket books. So we did not patent, and have decided flood the market with our product and get the 18 month head start it will take them to reverse engineer it.


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Can I get one of those saddle cutters? 2 3/8 pipe. Thanks!

[Backwoods101]

Can I get one of those saddle cutters? 2 3/8 pipe. Thanks!

X2!


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[Backwoods101]

Great feedback fellas, keep ‘em coming! The main concern of mine is how easy it would be to change my product up and achieve the same concept


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