FREE Patent Information: How to patent an idea, conduct a patent search, file a patent, and more.
If you’ve ever wanted to kick yourself after you’ve come up with a neat idea or invention — but then saw it on the store shelves or TV a few years later — then this Web site is for you.
Hi. I’m Eric Knight. You’ve probably seen me on TV. Maybe on the Late Show with David Letterman. CNN. The Discovery Channel. The BBC. I’m a successful inventor and entrepreneur. And you can be too! I’m not going to charge you a single penny for the information. Honest!
Unlike many self-help guides on the Web — where the goal is to make the authors rich by selling you their “how to invent” books — I’m going to do something radical: I’m not going to sell you a thing. Nothin’. Nada.
I’ve done well as an inventor and entrepreneur, and now one of my goals in life is to communicate how I did it via this Web site for no cost. (I apologize if I tick off those authors looking to make money selling you this same information. Oh, well.) Just read the growing list of articles on this Web site. (I’m adding topics as quickly as I type). I’ll do my best to guide you through the process of inventing, marketing, and selling your inventions. Scroll the article list below.
My intent is to write articles that cover how to conduct a patent search, steps to get an invention patent, how to file a patent application with the US Patent and Trademark Office, and other general information on how to patent an idea.
Need answers to your specific questions? Please ask them right here in my blog. Don’t worry if you think your question is rudimentary. Don’t be shy. I truly enjoy helping people bring their ideas to life.
Sincerely,
Eric Knight
I have an idea about a sewing technique and I’m not sure how to get started. I think I package this technique as a “kit” which would include the technique as well as sample project with fabric, thread and needle. I’m just note sure where to begin…. Any advice?
Hi Shelia. Nice to make your acquaintance.
Interesting concept you have there. Off the top of my head, I like your thinking of packaging your unique technique in a kit of some sort.
One approach to your patent application would be to describe a new method of sewing. For instance, the title of your invention application could be something like: “New sewing method that provides (xxxx benefit), (yyyy benefit), and (zzzzz benefit).”
If you can describe the benefits of your sewing method in ways that clearly differentiate over previous sewing methods, then that would be a good starting point. See if you can do that (in private — in your inventor’s notebook — not in this public forum).
The claims portion of your patent application would be in the style of a “method claim”. Essentially, you would claim the invention of a new method (or process) for, say, joining multiple pieces of material together…and then your patent claims would provide step-by-step details of your method.
F.Y.I., the topic of patent application “claims” is absolutely vital to the patent-application process. However, the topic is very complex, and I’m trying to figure out the best way to communicate the key principles in this forum. I’m working on writing that content, offline. As soon as I have something that is both clear and relatively concise, I will post it in a new topic.
I hope I’ve helped a bit, Sheila. If I can be of further help as you start to assemble your thoughts, let me know.
– Eric
i have a great idea that i know a lot of people can use in the entire us. its called the safety mail box i need to get it copywrited but i dont have the money to do so can you help me to find out how i can get this done. i sure would appreciate it i live on a fixed income bvut i have talked to several people about this and i was told it would definetly work i just need help to get my copywrite. thank you debbie
Hi Debbie. Thank you for your question. I applaud you for wanting to take the next step on your invention.
Copyrights are one form of intellectual property. The others are patents, trademarks, and trade secrets.
A copyright protects the expression of an idea, not the essence of the idea itself. Common things that than be copyrighted include literary works (manuscripts, poems, plays, etc.), songs, audio recordings, photographs, and similar expressions. For your invention, you’ll want to look towards as patent as the most appropriate form intellectual property rights.
Scan through some of the other postings in this Web site for more info. Also, the Web page at following link is a very handy description by the U.S. Patent and Trademark Office (USPTO) about the essential differences in the types of intellectual property: http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm
I hope I’ve helped a bit. Best wishes with your invention!
– Eric
I have an idea that has been patented a few times already with different variations. I have a specific idea and design in mind, it is something electronic. I have no idea where to start. I know i need to patent the idea but i dont know how to do that but in my mind it is a great idea and I would appreciate any and all advice you may have for making this dream become a reality.
Hi Sidney. Glad to help if I can.
You mention that the idea has been patented a few times, albeit with a few variations. That does concern me a bit, as this situation suggests something called “crowded art”. In other words, your invention is in a category of products or technologies in which there are lots of related (and patented) inventions. Sometimes this can increase the challenge of acquiring a patent, as you’ll have to address (in your patent application) a variety of inventions in your category.
Your best place to start, in my opinion, is to scrutinize your invention against the two fundamental criteria in one of my other posts entitled, “Is your idea patentable? Two vital things to consider…” Here’s a quick link to it: http://patent-your-inventions.com/?p=35
If you believe your invention passes the two thresholds in the other post, I would recommend collaborating with an electronics / electrical engineer (if you don’t have those skills yourself). Ultimately, you’ll need to prototype your invention…that is, in patent lingo, “reduce it to practice”. For another inventor, I touch on ways to do this in another post. Scroll through the comments at the following link: http://patent-your-inventions.com/?p=34
After you’ve checked out these other pieces of information, please let me know if you still have questions. Stay positive. Keep your dream alive.
– Eric
I have an idea that is geared towards children ages 5 and up. My question is are there any grants or websites that can assist towards the cost of inventing an idea? I was also wondering if a provisional patent is a smart way to go? I have never attempted to invent an idea and wanted your recommendation(s) on the first step.
- Ann
Hi Ann.
Excellent question. Off the top of my head, I do not know of any grants or Web sites that offer financial assistance. But I’ll hunt around a bit, and if I spot something I’ll post it here to let you know.
As far as a provisional patent application, there are pros and cons of this approach. In general, I tend to recommend to inventors to resist the urge to file a provisional patent application — and focus efforts on a traditional patent application. I hear many cases where provisional patent applications are filed hastily without solid research and preparation…and, ultimately, provide little to no value to the inventor. Even worse, the inventor has expended time and money — with very little gain.
My recommendation is to first thoroughly document your invention in your inventor’s notebook, as described in other postings here in my Web site. I would then recommend studying the patent process as outlined in my other posts, as well as any other resources you may find.
The process is less daunting that it might at first appear. And I’ll keep doing my best to provide advice and guidance, to help smooth out the speedbumps along the way.
Hope I’ve helped. Keep up your energy. Best wishes with your invention!
– Eric
I have a sewing technique that would be applied to a prominent garment manufactures’ items, ie pants, shirts and jackets. This technique has not yet been utilized and is highly functional to the sales of the manufacturers’ garments. I need to know how to patent this idea or technique to be made available to the manufacturers’ garments. Please help as I am getting orders from other people to alter these garments.
Hi Richard.
You mention that you are receiving orders to alter garments with your new sewing technique. Congratulations! It sounds like your invention is commercially viable — which is a substantial test for most new ideas.
One very important thing to remember, however, is once you disclose the idea to an outside entity (as it sounds like you may have done), the one-year clock starts ticking. In the U.S., you have one year from invention disclosure to file for a patent. Any public disclosure — whether verbal or in writing — starts the one year clock. After the year time frame, an invention cannot be patented.
If you’ve disclosed the technique, and you want to maintain your ownership of the technique, a patent application would seem to be your next step. Review other articles and postings within my Web site for some patenting tips and advice.
Glad to help!
– Eric
Hi Eric.
I’ve been reading about patents and I’m a bit confused! I have developed a new self-help method and written down the specifics of the method. But apparently a method can’t be copyrighted and I don’t know if it can be patented.
Is there any way that I can patent my method before I publish it, or is a trademarked name and possibly copyright of the reasoning behind the method sufficient to protect my “invention?”
The invention is all description on paper and not really physical, which is why I’m confused about the copyright and/or patent dilemma. But I’ve spent six years on this and don’t want to get screwed over.
Thank you Eric,
Oz
Hi Oz. Thank you for your question.
In some circumstances, methods of non-technology inventions can be patented…particularly business methods. I’m not sure what category of method you are addressing, and I certainly don’t recommend that you disclose any additional information in this public forum.
There is a good place for you to get the very latest information on this particular segment of patent law. It is a Web page entitled “Patent Business Methods” that the U.S. Patent and Trademark Office (USPTO) has developed for this particular topic. Here’s the Web address: http://www.uspto.gov/web/menu/pbmethod/
To answer another part of your question: A copyright covers your expression of an idea — not the idea itself. That is, a copyright provides rights to you as the author to help prevent others from copying your unique expression — i.e., the words you use in your material.
As an aside, you mentioned that you have spent six years developing your method. I sincerely hope you haven’t disclosed it in any public way — or else the “one year rule” would be an issue. Check out my posting on this topic at: http://patent-your-inventions.com/?p=37
I hope this information helps a bit. Again, the USPTO Web page mentioned above should provide a good starting point for more information to address your questions. Best wishes for a successful venture!
– Eric
Eric,
Love your articles! Great starter info for myself while going through this process. I am starting to write my utility patent and wanted to know when you are going to post another article in more detail like you said about the “Claims” section and others? Thanks a lot.
Hi Jeremy. Thank you for the kind words. Much appreciated.
Yes, I am working on materials to post about writing patent Claims. As you might expect, it is the most complex topic to try to distill into Web site posts…but I am giving it a shot.
I could easily write a hundred pages on the patent Claims topic, but then that information would be almost impossible to wade through in this Web-post format.
This facet of a patent application is critical to communicate, so I’ve bubbled up the priority to complete and post this Web information. Stay tuned.
Thanks, again!
– Eric
Eric,
I’m interested in starting a business in the wedding industry. I would like to patent a “method of business” that no one to my knowledge is currently using in the wedding industry but this method is used in other industries. Can you patent a “method of doing business” for a specific industry even if it already exists in other industries?
Thanks!
Hi Danielle.
Until a few years ago, it was tricky to obtain a patent on a method of doing business. But more and more business-method patents are being issued, particularly those that weave in computer technology.
There is an excellent article on this very topic that I’d like to refer you (and other readers) to. It provides great background and offers some excellent examples of patents of business methods.
The article (as a downloadable PDF) is at the following link: http://www.philadelphiafed.org/research-and-data/publications/business-review/2001/q1/brq101bh.pdf
Glad to help!
– Eric
I have great idea / invention targeted at women of all ages regarding an essential piece of clothing (bras). I don’t have ANY money to obtain a patent / mass produce my item. I know that every woman would be able to benefit from this product.
Superb Website Eric!!! You should patent this patent website, ha! kidding…
It’s one of the most useful I found on the web, regarding patents.
Quick Question:::
I got an amazing idea that could easily be a “standard” on portable digital devises. It’s just mainly a different way of displaying certain types of information on these devises. It’s an “IDEA” that would require a big electronics company to act upon, to use, for their benefit. It’s just a way of presenting something on their devices (like a little graphical movement), a way of doing a singular thing. Can this (visual) action be specifically patented?
Hi David. Thank you for your question. And thank you for the kind words. Just doing my best to try to help…
A unique way to display digital information would seem to be patentable.
You can get a few more insights at my post: “Is your idea patentable? Two vital things to consider…” You can get to that post directly via this link: http://patent-your-inventions.com/?p=35
See you believe your idea will pass the two key prerequisites of being both novel and unobvious. If you can cross those two thresholds, then you have a real possibility to get a patent on your invention.
Keep those thoughts percolating. Glad to help!
– Eric
Hey Eric!
Once again – great website! It’s great to see someone as successful as yourself giving back to the inventor’s community! (We all greatly appreciate it)
Question regarding provisional patents –
I thought of an outstanding idea… turns out that it already has a provisional patent on it. If I understand the provisional patent correctly, however, it expires a year after it has been filed. In my case, it was filed in October of 2007, and thus, the patent is expired. I cannot found any information regarding whether this person has filed to obtain a full patent on the product. Does this mean they have not re-filed, and I can swoop in and obtain a full patent on it?
Is it illegal to simply ‘copy and paste’ their expired patent if they haven’t re-filed? (It doesn’t hurt to ask!)
If they HAVE re-filed for the full patent, am I completely out of luck? Their patent was for a Method and System, so I’m assuming, even if I change my design slightly I’m still infringing on their method?
I hope that all makes sense. Thanks so much for your help!
Hi Jason.
Thanks for your question. And thank you for the very kind words. Much appreciated!
To make a long story short: Since someone has already had the idea, you can’t now patent it. It doesn’t make any difference whether someone actually pursued the idea.
Just the fact that the idea is known would prevent you (or anyone) from filing a patent application on the invention. That’s because as part of every patent application the inventor has to sign an oath saying, essentially, that he or she is the “the original and first inventor of the process, machine, manufacture, or composition of matter, or improvement thereof”. The patent applicant has to be the one who came up with the idea in the first place.
For details, check out “35 U.S.C. 115 Oath of applicant” here:
http://www.uspto.gov/web/offices/pac/mpep/documents/0600_602.htm
Sorry, that’s probably not the answer you wanted to hear. But it should at least save you the time (and money) of filing a patent application that would be invalid.
Keep your imagination churning. Thanks, again, for the question.
– Eric
Eric,
Thanks for taking the time to answer my question! Hopefully this follow-up question will be quick.
Since the provisional patent is expired, can anyone produce the product? Frankly, I don’t care whether I have the patent, I just want the rights to produce the product because I’ve figured out a good way to make money on it!
What happens to an expired patent? Freebie for anyone who wants to produce it?
Thanks again!!!
Hi Jason.
The simple answer is “yes”. Once a patent expires, the invention becomes part of the public domain; anyone can make and sell the invention at that point.
BTW, just to help clarify some terminology, there is no such thing as a “provisional patent”. It’s technically called a Provisional Patent Application (or “PPA”). It’s primarily just an application to get a quick filing date, and never matures into a “real” patent of any sort. Check out my post “Disadvantages of filing a Provisional Patent Application (PPA)” for a little background that I think may be helpful: http://patent-your-inventions.com/?p=36
Speaking of helpful, I hope I have been. Best of luck with your entrepreneurial endeavors!
– Eric
If I file a patent application, what do I do while waiting for an answer from the patent office? If I have a product, can I start marketing it? Do I receive a temporary patent number?
Many thanks,
Brian Heady
Hi Brian. Glad to answer your question.
The moment you file your patent application, you should switch gears and start marketing it. There’s no reason to hesitate.
The instant you file your patent application you can announce to the world that it is “Patent Pending” — and, in general, provide as many details as you want to anyone you want.
Here’s why:
No matter how fast someone else tries to whip up a patent application and file it with the U.S. Patent and Trademark Office, he or she is going to have a later filing date. And, secondly, he or she would have to lie in the patent application (specifically in the Patent Application Declaration) that he or she is the original inventor of the invention; that’s perjury, which can result in rather serious consequences.
For reference, check out the USPTO’s form PTO/SB/01 for “Declaration for Utility or Design Patent Application”: http://www.uspto.gov/web/forms/sb0001.pdf
Note towards the bottom of page three, above the Inventor’s Signature, the oath:
“I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and belief are believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001 and that such willful false statements may jeopardize the validity of the application or any patent issued thereon.”
You can see why it would be unwise for someone to pretend to be the original inventor of an invention.
After you file your patent application, you will receive from the U.S. Patent and Trademark Office a patent application serial number. Patent application serial numbers are assigned chronologically.
Brian, you posed such a good question I think I’ll also post this information on the home page of this site.
I hope I’ve been helpful. Best of luck with your invention!
– Eric
Hello Eric,
I have an idea for a book, and I am thinking about maybe sharing it with someone that has the means and experience to pursue it. I still want to have ownership over the idea, but I am not sure how to go about it.
Thanks,
Tina
Hi Tina.
Books and other literary works are covered by copyrights rather than patents. An excellent resource is the U.S. Copyright Office. The following is a handy link for your reference: http://www.copyright.gov/
Best wishes with your book project!
– Eric
Hello,
I have an idea for nursing scrubs with a particular company that I think will receive high profits because of their brand name. How to I go about getting my idea across to them?
Thanks
Christine
Hi there! I have an idea for a baby product that I truly believe will be a success, however, as I’m reading about patenting my idea I realize that many places expect you to pay first for various reasons and that isn’t something I can do at this time with a newborn baby and other priorities with my money. Is there any way to patent an idea without paying first while still trying to get the same outcome with the idea? Also, do all companies expect you to patent your idea before they will look into your idea? I think you are brilliant! Hope to get some good feedback, I’m feeling like a lost cause!
Hi Christine.
Your best (and safest) method would be to first file a patent application on your nursing scrubs invention. However, a less-than-optimum choice that you could consider is asking the company to execute what’s called a “Mutual Non-Disclosure Agreement”. This method does have substantial risks, as the company could execute the agreement but ignore it later…as they may assume that you don’t have the funds or resources to file a lawsuit to enforce the agreement. Although it is certainly not an ideal option, it is an option. For sample agreements of this type, go to Google and type in the search phrase “mutual non-disclosure agreement”.
If you feel very strongly about your invention (as it sounds like you do), I would recommend that you file a patent application on your invention — and then talking with the company. This method will give you the greatest business leverage.
I hope I’ve helped. Best of luck with your invention!
– Eric
Hi Stephanie.
Thank you for your question. I can tell you are excited about your baby-product invention. That’s super!
Unfortunately, most invention-marketing companies want money upfront to patent and / or market new products. One of your only alternatives is to try to patent the invention yourself. That’s one of the goals of my Web site: To empower individuals with some of the basic tools, knowledge, and resources to file a patent application on his or her invention.
I’d recommend that you scroll through the various articles here on my Web site to see if this is something you feel you can tackle yourself. And, regarding money, you can’t entirely remove it from the picture even if you prepare and file the patent application yourself. The U.S. Patent and Trademark Office (USPTO) has a variety of fees you would have to pay to them. The link at the following page on my Web site will give you a summary and brief description of the USPTO fees: http://patent-your-inventions.com/?p=12
Please don’t feel like a “lost cause”. You’re doing great just to research the process some more. My very best wishes to you as an inventor — as well as to you as a mom with a newborn baby!
– Eric
Hi Eric,
I’m a bit devastaed, but have not lost all hope. I searched and searched and four days later found something similar to what my invention is. It is not the same and my idea “adheres”, where this other invention does not and you have to hold it.
Any idea if I can still pursue my dream. I’m not sure how close to one patent a person can get to without getting into trouble.
Thanks again!
Hi Eric,
I have an idea for an invention, but i dont have the money to really persue it.. i think it would benefit everyone and i want to get my idea out there.. i don’t mind if my name is on it or not. i was wondering if there was just a way you could make a contract with a company to get a percentage of the profits?
Hi Leana.
Keep your chin up. Perseverance is an essential ingredient of all inventors.
Whether you should or shouldn’t pursue your invention is an impossible question for me to answer. Sorry. You’ll have to consider whether or not the difference in your invention is “unobvious”. That is, someone in the field of your invention wouldn’t naturally consider your variation. Ultimately, you would have to convince the examiner at the patent office that your invention variation would not be obvious to those (in patent lingo) “skilled in the art”.
Sometimes this can be a very tough call. And there are no absolute rules to follow.
One thing to remember is that you are required to disclose all relevant “prior art” (similar inventions) that you discover to the examiner via your patent application. So your application would need to specifically and directly address why your invention is unobvious as compared to the prior art. Much of the success of your application would therefore depend on how strong and convincing your argument would be.
I hope the above helps in your decision process. Even if you decide not to pursue your current invention, don’t give up in this field. Keep an open mind as you experience the world around you. Other new ideas will reveal themselves.
Best of luck!
– Eric
Hi Darcy.
Well, nothing’s impossible. But from my experience and what I know, it is very difficult to safely approach a company with a product idea without intellectual property (i.e. patent) coverage.
Sure, there are all sorts of agreements that can be drafted to try to manage the invention disclosure. For some ideas, Google the phrase “mutual non-disclosure agreement”. However, I am not a big fan of these sorts of agreements — as it is easy for a large company to break them. A company as such may just assume that you (or anyone) won’t have the money to defend yourself in a legal battle.
I wish I had a better answer for you. But it’s important to provide you with a straight answer, so you can evaluate the situation and opportunity appropriately.
I hope I’ve helped.
– Eric
I have an idea that involves the g-shock and similar watchbands. I could not find any such idea in the patents or such. This item is not marketed individually and I would like to start…but not sure where. Do I need a patent or how do I get them or get them made in order to sell in packages? Currently they are not sold. It could save consumers from having to buy an entire watchband every time this thing breaks. Thanks for any direction of how to start.
Hello Eric!
First off THANK YOU, THANK YOU! What an angel you are to help so many of us dreamers! I am excited to say I am making my dream come true too. Yeah!
My question for you is this: there are so so many forms to file- how do I know which ones I do need and which ones I don’t. I have provisional application page one and two, entity status, info disclosure, and thought that was good. Now after reading your blogs I will fill out the fee transmittal form and the information disclosure form. I am just feeling a bit over whelmed. I have a very simple and small invention that has to be approved by the FDA. Could you please list exactly what forms I need. I would greatly appreciate it!! Also I read that the filing fee was 110.00 and now have read differently. What amount to I have to pay… it seems as though it can get really expensive. Please help! Thank you- Maureen in Idaho
Hello Again.
I have a few more questions. What website can I go to, to do a free business name search? If I want to sell my product I assume I need to get a business name. Can I use a business name that is used in a different state or do I have to find a name that has not yet been used at all in the U.S.? Same question for my product name also, how do I find out if the name has been used before? Thank you much! Maureen
Hi Nancy. Glad to provide some advice.
You mention that the “item is not marketed individually”. Does that mean it is marketed with other items? If so, then that would seem to preclude patentability — as the device would not be a novel idea.
As far as where you would get them made, boy, that’s a tough question — as I am not familiar with this particular industry. You may want to contact the manufacturers that are manufacturing a similar item, as they already have the tooling and manufacturing process already in place.
I’m nearly always biased in recommending that an inventor find a way to patent her or his invention. Having such provides so much leverage over any business negotiation. I’d recommend that you take a few minutes to skim some of the relevant topics on this site, to give you a better idea on whether or not your idea is patentable.
Again, glad to provide some thoughts. I hope I’ve helped.
I wish you the very best in your invention and marketing activities!
– Eric
Hi Maureen.
Thank you for the very kind words! Just trying to do my best to help.
Regarding feeling overwhelmed: Hang in there. Take a deep breath. Now smile. After all, you’re an inventor. And I can tell you’re excited about your idea. Channel your excitement into energy. That energy will carry you through the process.
Let me start by saying I don’t recommend Provisional Patent Applications. In my opinion, they are fraught with too many pitfalls for new inventors. To me, the risks outweigh the benefits. For an overview of my opinion on Provisional Patent Applications, check out my post entitled “Disadvantages of Filing a Provisional Patent Application (PPA)” at the following link: http://patent-your-inventions.com/?p=36
You mention that you have “a very simple and small invention”. That’s excellent. It usually means that the invention will be simple to prototype. And, hopefully, the patent application will be similarly simple.
My recommendation (and it’s just my recommendation — other inventors may disagree with me) is that:
(a) You check out the above-referenced post about PPAs.
(b) You document your invention in an “Inventor’s Notebook” as described elsewhere in my site.
(c) You create a prototype as quickly as you can.
(d) You consider drafting a patent application. You’ll have to do it eventually anyway, as PPAs are not patent applications. They never “turn into” patents as I’ve seen some less-experienced people say. Eventually you’ll have to draft and file a patent application. Consider saving yourself the PPA time and expense.
So, again, take a deep breath. Read through the other posts in my site. Don’t worry about the forms you’ll eventually need to fill out. The forms are essentially the last step in the patent-application process. It may be months before you have to fill out any forms.
I hope I’ve helped a bit. Best of luck with your invention!
– Eric
Hi again, Maureen.
I’m not an expert on business names, so I can’t give you advice in this area. Sorry.
However, when it comes to product names, there is a wonderful (and free) tool you can use. It’s the Registered Trademark search tool at the U.S. Patent and Trademark Office (USPTO).
Go to http://www.uspto.gov. Then select the Trademarks in the left-hand navigation. Then select Search TM database. Then select New User Form Search (Basic). Now, finally, type in some words and phrases in the search box that pops up — to see if there are any Registered Trademarks that are already in use.
Happy name searching!
– Eric
Hello–
just have a few basic questions about patenting. Once an initial patent expires, can anyone just produce the item? What about re-patenting the item, whether it’s the same person or a different person? For instance, if I hold the patent to the tv remote control, and it expires, everyone then can make and sell them, right? and then, supposed everyone does do so, but someone then comes along and patents a new improved remote control that uses a different process, but is still essentially the function of a remote control? What happens to the other people who are currently making remotes? Are they then infringing because someone patents something already now being produced?
Also–I have an idea for a reusable replacement part. There is no other replacement part like it, and being reusable it definitely a huge thing as well… I assume this should be patented–is it wise to do a provisional patent, sell my item to get money for a patent, and then write the patent? I have done some research. I would just like some other opinions on this. Also–the replacement part is such that I would not be able to place the words patent pending on it. Would putting it on the packaging somewhere suffice?
Thanks!
Jennifer
Hi I have an idea that I feel would be fling off of shelves!! The problem very limited cash!! I feel it is not long before my idea is taken by someone else!! My idea I feel would be expensive to patent and make. how can I get around spending a lot of money. I am a stay at home mom and my funds are just not there.
Thanks so much,
Taletha
Hi Jennifer.
I can tell you have lots of energy — and creativity — given the scope and volume of your questions.
Many of your general patent and invention questions are answered in the posts on this site. When you have a moment, just breeze through the top-level postings. I think you’ll find a lot of your answers there.
Regarding your idea for a reusable replacement part: As you’ll read in some of my other postings, there is no such thing as a “provisional patent”. There’s something called a Provisional Patent Application (PPA) that is an informal patent application that, essentially, just preserves a filing date for an honest-to-goodness patent application filed within a year.
A PPA is never looked at by a patent examiner at the U.S. Patent and Trademark Office (USPTO), and thus (contrary to what you may read elsewhere) will never “turn into” a patent. Check out one of my posts on this topic here: http://patent-your-inventions.com/?p=36
As you’ll read in the above-referenced post, I’m not a big fan of Provisional Patent Applications.
Regarding placing the words “patent pending” on packaging (vs. the product itself), this is a very common practice.
I hope I’ve answered your questions. Again, take a look through my other posts for details on the topics you’ve touched upon.
Glad to help!
– Eric
Hi Taletha. Thanks for visiting our site and for your question.
This is a question I get all of the time. An inventor believes he or she has invented the next best thing since sliced bread, but does not have any money to pursue his or her dream.
The goal this Web site is to give new inventors some top-line knowledge and advice, so that he or she could consider filing a patent without or with minimal assistance from a patent attorney. However, even if you file a patent application yourself, the U.S. Patent and Trademark Office still imposes a variety of fees, as you can read in one of my other posts entitled: “How much does a patent cost?” Here’s a shortcut to that post: http://patent-your-inventions.com/?p=12
Take a look at the post I mentioned above, as well as review other articles in this Web site. Hopefully this information will provide some perspective on what’s possible to do yourself, and how much it may cost.
Glad to help. Best wishes with your invention!
– Eric
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Hi,
Good website. I have an idea for a website, what is the best way to go about it so my idea is not stolen and is there any way to secure it like a patent ?
Any help would me very much appreciated, thanks in advance.
Fred
Hi Fred. This is a question I get frequently, so maybe I should consider dedicating a top-level post to it.
To make a long story short, the answer for 99.9% of the cases, you can’t patent a Web site. I leave a tenth of one percent because it is not impossible. The only realistic way is if your Web site is inextricably tied to some very unique technology. For instance, some unique shopping-cart technology has been patented.
Now, it seems possible for the contentof your site to be covered by copyright. I am not an expert in copyright law, so I can’t provide specific advice. But it seems like an approach you may want to investigate further. As you may know, a copyright is another form of intellectual property protection. Click on the following link to visit the U.S. Copyright Office.
Fred, I hope the above helps a bit. I’d be interested to know what you discover.
– Eric
I have a great idea that i want to protect… the key component of the idea is owned by an already well established company. im interested in taking their product and incorporating it into my idea for a website. i feel that the name of their product is essential in the service i wish to provid and it provides the exculsiveness to the idea. im worried about how to go about protecting an idea that involves another company’s product and name which are both patented and copywritten. do you have any advice?
Hi Charles. Glad to provide some thoughts.
Well, you’ve touched upon a variety of complex issues. First off, I would strongly recommend not using the name of another company’s product without their explicit written approval. You mentioned that the name of the product is essential to the service you are contemplating — so, somehow, you’ll have to get product owner’s thumbs up.
This gets into a very tricky area. By disclosing your idea to the other company, you run the risk of them liking your idea and launching it without you. But if you don’t inform them of your use of their product’s name, the next phone call you get might be from their legal team.
Perhaps there is a way for you to contact them and talk generically about your idea. Say something like: “I have an idea for a Web site that involves one of your products, but I want to confer with you first before I roll it out.” See what they recommend. Many large companies are approached this way all of the time, and have processes in place to talk to the inventor (in this case, you).
Feel them out a bit. Resist disclosing anything significant. See where the conversation goes. That’s what I would recommend for starters.
I hope the above ideas are helpful. Let me know how it goes.
Best of luck!
– Eric
Hi Anthony.
For starters, scroll through the various posts on this Web site. There are now a couple years worth of tips and advice that will give you the foundation to evaluate your invention concept — and how you might proceed in filing for a patent.
Best of luck with your invention!
– Eric
Cool website. Thanks for all the free advice. I have an idea that applies to electric cars. I have followed your advice on searching the USPTO and have found nothing resembling my idea…so, for the moment, I think it’s unique. It is a device that would interface with the vehicle’s electrical system. I am not an engineer by trade. Are there any resources you know of that can connect engineers with idea people? Would the engineer be entitled to be included in the patent, or could it simply be a work-for-hire with an NDA? Thanks for your help!
I have an idea for a personal care product that will be helpful for men, women, children, everyone, and I know it’s not on the market now. Do I suggest this to an established company, or do I try to somehow protect my idea before suggesting it to someone. I keep trying to look things up online, but I’m not sure what is reliable and what isn’t.
Thanks!
I have an idea for an aftermarket auto part. It is an exterior part and would only change the appearance of the vehicle not performance. I guess I have alot of questions about it. I do not know if it passes the unobvious test as similar parts are standard on some higher end vehicles. I would like to redesign this part from the higher end vehicles to replace the ordinary version on other vehicles. My version would be fancier and made from better material. Also, since the product would be made for different models, the idea would be the same but the design for each would have to be a little different. Would each product need to be patented? Prototyping will be difficult as well. I know there are many people making aftermarket auto parts for vehicles as soon as they hit the market. Is there some kind of software with vehicle dimensions on the market? I have over two years of machining experience and my brother has 15 or 16 years of experience. If we had exact dimensions for each vehicle we could produce prototypes much easier than if we tried to figure it out on our own. Any suggestions?
Hi Eric…great website!
I’ve read quite a bit of your information, and it’s answered a lot of my questions already. As with many of the previous entries, I have what I believe to be, a great product idea, but don’t have a lot of money to see it through (as far as attorney fees). Fortunately, I can afford the patent fees, but don’t want to throw that money away either, if my odds of having a patent issued are not good.
I’m assuming that the “unobvious” line is drawn a little broader, when applying for a “design patent” as opposed to a “utility patent”, but would like your input. Let me give you an idea of my product.
Just for grins, and as not to give anything away, I’ll refer to my profession as a fiddler, and the existing products that I use in my job are called fiddlesticks. Fiddlesticks have been in use for over thirty years, but way back then, they were just laid handily around, to grab when needed. As time passed, new ideas for different types of fiddlesticks were born; a fiddlestick for this…a fiddlestick for that. Then there became a need for a product to organize your fiddlesticks, and have them as readily accessable as possible. So, the “fiddlesticks keeper” was invented, with bells and whistles to even enhance their usage. Well now for twenty years or so, the same old fiddlesticks keeper has been the standard. A few minor changes, but basically the same old square fiddlesticks keeper, not keeping up with the even wider assortment of fiddlesticks that one may want in their collection. For many years (in a state of frustration) I’ve wondered, “why doesn’t anyone come up with a better idea to manage all these darn things?”
So, after outgrowing my last keeper, and searching the internet for something new and improved, to no avail, I decided to make my own. Well, I actually came up with something quite wonderful, and wonderfully simple, by just changing the shape and adding a special contour for one particular type of fiddlestick. However, that simplicity is my concern of having a patent approved. It’s made out of the same materials, and offers the same general function. It is though drastically changed in shape, from the old square to a shape resembling a stealth fighter plane (looks cool too), which creates a perfect, user friendly work station. For example, the old way, you may have to take a step to the side with a reach over. With my design, there’s no stepping, no (extreme) reaching, and perfect balance. Do you think the shape change is enough to get a patent? Also, I worry about the “unobvious” thing. But then again, why hasn’t anyone else come up with the idea, if it’s that obvious?
I’ve just recently completed, and began using my prototype, and I’m the envy of my associates (whom all want me to build one for them). I’m reluctant though, to get too much exposure before I get a patent pending. You mention documenting your ideas, keeping an “inventor’s notebook”, and building a prototype as soon as possible (which I’ve already done), before applying for a patent. Would that have any legal standing? Or would there be anything else that I could do for protection, if I was to begin selling them (on ebay for example), before I get the patent process started?
Thanks,
Morris
Hi Mr. Knight! First off, I would like to say that I really appreciate your involvement in helping others launch their business ideas. I too have a business idea and would like to discuss it with you but I am afraid that I am a little skeptical going into the details over the internet. Can you possibly contact me? If yes, I will leave you my email address. I look forward to speaking with you. Thanks.
Hi Eric,
I have several ideas for products. However, I don’t have the finances to apply for patents. Are there any grants available for those without the funds to apply for patents? What about sponsors?
Thanks.
Christine
Hi Morris.
First off, thank you for the compliments on the Web site here. Sometimes the volume of questions gets a bit staggering, but I’m doing my best to keep up.
I must say that you not only have a good grasp at the general process, but your communication skills are top rate. I’m confident that you will have no problem filing an application. (And I love the fiddler, fiddlesticks, fiddlesticks-keeper analogy thing. Brilliant.)
You’ve nailed the exact question that I pose to patent examiners all of the time: If it is so obvious, why hasn’t someone else come up with the same idea? This is a simple, yet powerful, question to pose if the “obvious” argument rears its head during correspondence with the examiner assigned to your application.
In some cases, a change in shape can be enough to get a patent. You’ll have to be armed with lots of counter-arguments to the obvious / unobvious questions. Think as broadly as you can, even beyond strict product function. For instance, does the change in shape make it easier / less costly to manufacture? Use less materials? Reduce production waste? Help the environment (by reducing product waste)? Easier to package?
And, since you are already getting rave reviews from your colleagues, you’ll want to include testimonials in your application. You have great latitude in “selling” the virtues of your invention to the patent examiner. Anything and everything that sheds a positive light on your invention should be included in the application.
Great to hear that you’ve built and are using a prototype. I’m sure you’re very proud of your invention (and well you should be!) — but I wouldn’t recommend showing it around too much, though. (And certainly don’t try to sell them until you are patent-pending.)
You’ve probably read within this Web site about the dreaded “one-year rule” — as the clock is now ticking on your invention. Check out the post at: http://patent-your-inventions.com/?p=37
Just from your writing style and examples, I can tell you have the wherewithal to file a patent application yourself. Let me know if you have further questions. I’d be glad to help you along the road!
Congratulations on getting your invention this far. Keep the momentum going!
– Eric
I had an idea over 20 years ago and never patented it. I made a mistake and shared the information with a trusted engineer friend and I see the item in medcal catalogs being sold anywhere from $25-$200 each. I have another idea that I want to do something with this time. I am not really sure how to start and have not given anyone else the idea like I did 20+ years ago. The idea has been on my mind a couple years and I have not shared with anyone. I didnt pursue mmediately due to some unfortunate personal family issues. The concern I have is there are 3 separate items selling in the market today however I want to put these 3 items into 1 item, is this allowed? And due to the personal family issue I am unable to
put $$ out, so what can I do to accomplish getting the item on the shelves providing I am allowed to combine the 3 items into 1?
Hi Dan. Thank you for your compliment and question.
Boy, you’ve hit upon an important need. Off hand, I don’t know of a resource that specifically connects “engineers with idea people” as you suggest. But I could see a resource like that flourishing — especially if there was a mechanism to give the contributing engineers “a piece of the action” (BTW, the title of one of my favorite Star Trek TOS episodes).
Generally speaking, if the engineer contributed materially to the invention, yes, he or she would need to be included in the patent. However, an arrangement could be established up front to perform (as you say) work-for-hire — similar to what is done routinely within companies regarding employees and contractors.
Glad to help. Let me know how it goes.
– Eric
Hi Jessica.
You run an extreme risk if you approach an established company with your idea. Even if you have the company sign what’s commonly referred to as an “NDA” (Non Disclosure Agreement), you would have great difficulty defending yourself if they decide to break the agreement. A large company can throw hundreds of thousands of dollars into a legal battle in an attempt to swamp the inventor. You would need equally deep pockets to fight back.
Your best bet is to find a way to file a patent on your invention. Once you do so, your invention will be “patent pending” — and you’ll be a firm footing to approach an established company.
Browse through the other posts and articles in this Web site for additional information on the process. If you have additional questions, let me know.
Best of luck with your invention!
– Eric
Hi Randy.
Well, you’ve posed a variety of questions. You’ve touched upon the core issue — unobviousness — as you said the auto part is similar to parts on other vehicles. That raises a red flag in my mind.
Many aftermarket auto parts are not patented, because they are based on the OEM parts. Unless your components provide a new and unexpected result (a common demonstration of unobviousness), then you have a steep hill to climb. Sorry. I just want to give you my honest perspective.
If you have additional questions, please let me know. Best of luck with your endeavors.
– Eric
Hi Sheryl Lynn.
Yes, you can combine multiple products / items into a single invention. Check out my post specifically on this topic entitled: “Can you combine two patented or existing products to create a new, patentable invention?” Click here to jump to that post directly.
As far as funding, sorry, but I don’t provide financial advice in this forum. In general, your best bet is to build a prototype of your invention, document it thoroughly (as described elsewhere in this Web site), file a patent application (so that your invention is “patent pending”), and then market your invention to potential manufacturers.
Hope I’ve helped a bit, Sheryl Lynn. Best of luck with your idea!
– Eric
Hi Christine. Congratulations on your invention ideas.
Sorry, but I don’t provide advice on where to turn for money or invention funding. However, as I mentioned in another post, generally a good process is to build a prototype of your invention, document it thoroughly (as described elsewhere in this Web site), file a patent application (so that your invention is “patent pending”), and then market your invention to potential manufacturers. Elsewhere in this site is an overview of the U.S. Patent and Trademark Office (USPTO) fees to get to the patent-pending stage.
I wish you great success with your products and ideas.
– Eric
Hi Terry. Thank you for your compliments.
As you might imagine, it would be virtually impossible to provide personal assistance to the volume of inquiries I get. Sorry. It takes all of my energies to keep up with my own ideas! LOL.
All I can advise is to read through the posts in this Web site (as well as the questions and replies); in total, they cover a remarkable range of information.
Be wary of the “we’ll patent and market your idea for you” advertisements that are all over the Web. Some firms are legitimate. Others may be somewhat questionable. As with any sales pitch, if it sounds too good to be true, it probably is. There are also many business “scam” reporting sites that you can find via Google. You can also check out entities via regional Better Business Bureaus.
I hope these tips are helpful. Best of luck with your invention endeavors!
– Eric
Hi Eric:
I find your website very infornative, thank you.
My idea would expand on products that are currently out. It would add a definite though twist. Of course, the product could be manufactured by a new company if needed. It would work better as an add on to one of the established companies.
My problem is, I do not have the expertise or technology to create a prototype. Everything I would do would be through drawings. What are your thoughts? I read that a prototype sells better than an idea, but what if I can build it?
Hi Gary. Thank you for the kind words.
At some point, you’ll need a prototype of the working device. The patent office calls that step “reducing the invention to practice”. This is a sticking point for many inventors, especially those who have conceived of complex devices. In many cases, these inventors have to hire someone with the necessary skills to build a working prototype. It sounds like you may have to go that route.
And, yes, being able to show an actual prototype gives you a HUGE advantage when shopping around your idea to possible purchasers and / or manufacturers.
There are lots of individuals and companies that specialize in product prototyping. Google “product prototyping” and include your city or county in the search string; you may be surprised to find out how many entities there are that may be able to help you over this hurdle.
Give the above step a whirl. You may be able to find a small company (or individual) that would help you build an invention prototype for a reasonable fee — or perhaps be game to work with on the project all the way through manufacturing and marketing.
I hope this advice is helpful. Best of luck overcoming this hurdle, and with your invention in general.
– Eric
Hello Eric,
Thank you for your website! I have an idea for a type of hair device. It is targeted at a very specific group of people but it is a device used for hair and there are several of it’s kind but not for the specific group I have in mind. From the research I’ve done I understand that it is not possible to patent the use of a device. The design of it may be patented but then again from what I’ve learned the design could be slightly altered and then it wouldn’t be infringing on my patent. Is this pretty much the truth? Is it not possible to patent the fact that it is specifically made for a group of people? Thank you.
Ed Terry
Hi Ed.
To make a long story short, I know of no way to patent an invention simply because it is intended for a specific group of people.
A patent, in general, encompasses the underlying essence and physical attributes — not who uses it.
I hope I’ve clarified things a bit for you. Best of luck with your invention.
– Eric
I have an idea for a new confectionary product which i want to propose to a major manufacturer.Every element of the idea is available in one or another. The selling point is the way it is put together and marketed.
It would be immpossible for me produce the product or even have prototypes of the packaging produced.
What i would like to know is what would be the first step. I do have sketches of my idea i could use to approach a company. Or should i be looking to pay for patents on my idea first.
Also at which stage should i be thinking about brandname /packaging ideas ?
Hi Eric,
I was wondering if there is anything such as a worldwide patent. If I get an American patent doesnt that mean that people in other countries are free to produce and market my invention? From what I have read a patent only applies to the country that the patent is granted in.
How can i make sure that my idea is protected from legal production by others in a majority of the countries in the world?
Hi Eric, thanks for the wonderful work.I have an Idea to reduce the usage of plastic bags and promote the usage of reusable bags.This requires a slight modification to the existing reusable bags and requires some help from US government to promote these bags.I would like to patent this idea,how long does it take to get the approval and do I have to give them a prototype?
Is it possible to trademark or copyright a phrase or saying as to Larry The Cable Guy’s Get-R-Done? This phrase can not be produced on any product of any kind.
Yes, I have an electronic item that I want to get marketed. I know this has never been on the market. I have checked with several attorneys and several places that does the work for you but they are way to expensive. Do you know of anyway that I can get a patent done free or cheap.
Hi Eric, I have an idea for a product for dogs (doggie doors) but can’t construct the idea, olny draw it up. Would that be enough and would that be considered a utility patent?
Hi Kei. Thanks for your great questions.
At some point or another, if you plan to file a patent application, you are going to need to make the product (even if it is just a crude prototype). Sure, you could approach a company with sketches and such — but (as you may have read in my other postings) I highly discourage that. It is just too easy for another company to leverage your idea — without compensating you. Unfortunately, this happens all of the time. A patent is your best bet for security prior to exposing the idea to other companies.
I recommend reviewing the patent-application and other patent-preparation steps mentioned in this forum (particularly the top-level postings on the home page). Individuals patent inventions by themselves all of the time. It does take effort and diligence — but is an extremely rewarding process. Your first step (as you’ll read in the top-level postings) is describing your invention (in words and sketches) in an “inventor’s notebook”.
As far as branding and packaging, I recommend thinking about that sooner rather than later. For me, if a good “catchy” brandname pops into my head while I’m thinking about the fundamentals of the invention, that’s a good sign. People buy things not only because of the functionality of the product, but also because of the subtleties and image that are embodied by the invention’s brand. When you come up with ideas for the invention’s brandname, see if anyone has registered the trademark at the U.S. Patent and Trademark Office (USPTO) trademark search tool. You can navigate to it via the homepage link: http://www.uspto.gov. At the USPTO site, look in the left-side navigation under Trademarks and select “Search TM database (TESS)”.
I hope the above information is helpful. Best of luck with your invention!
– Eric
Hi Kayhan.
This is an excellent question — but may require a complex answer. To make a long story short, unfortunately there is no such thing as a “worldwide” patent. However, there is a way to file an international patent application that, in essence, covers many countries in one swoop.
First, a little background: There is something called the Patent Cooperation Treaty (PCT) which provides a standardized process for filing patent applications for all of the countries that participate in the PCT. As of the middle of 2009, I believe there were 141 countries participating.
I could type literally dozens of pages regarding how to file a PCT application / international patent application. (In fact, I could probably create an entire Web site regarding it.) But that would be a little crazy.
Instead, let me refer you — and everyone else interested — to a fine Wikipedia page that nicely summarizes the PCT process. Check out http://en.wikipedia.org/wiki/Patent_Cooperation_Treaty
For additional reference, here’s a link to Intellectual Property Offices worldwide: http://www.uspto.gov/web/menu/other.html
Check out the above two references (particularly the Wiki one). I think you’ll find answers to lots of your questions there. But feel free to jot me another message if I could help further clarify things.
Again, thanks for the excellent question!
– Eric
Hi Kalyan.
I always like to hear about inventions that have “green” environmental benefits — and your idea that would promote the usage of reusable bags is in that category. Congratulations on your idea!
As far as you getting, as you say, “some help from the US government” to promote the bags: I’m trying to think of the best way for you to do that. Perhaps you could contact the U.S. Environmental Protection Agency (EPA) and speak to one of their representatives. Their Web site is here: http://www.epa.gov/
However, as I mention to just about everyone, their is a significant risk to disclose your invention to anyone prior to you filing a patent application. So you may want to consider doing that first. Read through the posts in this forum (particularly those on the home page) to get a sense for what it would take to do so.
Give the above steps some consideration. Your invention sounds like it would be very good for the environment. Best of luck with it!
– Eric
Hi Jeff. Thank you for your question.
Your question refers to another area of intellectual property (IP) law — that which encompasses trademarks. That’s not my particular area of expertise. However, I know that you can search (and file a registered trademark application) at the U.S. Patent and Trademark Office (USPTO) Web site. Use their registered trademark search tool to see if your phrase (or anything similar) is already registered. You can navigate to the search tool via the homepage link: http://www.uspto.gov. At the USPTO site, look in the left-side navigation under Trademarks and select “Search TM database (TESS)”.
The USPTO also provides an online tool that allows anyone to apply for Federal registration (i.e., a registered trademark). Look for the “File Online Forms (TEAS)” link in the Trademark navigation area.
I hope the above few tidbits are helpful.
– Eric
Hi Glenna. Thank you for your question.
I don’t know of any place that you can get a “patent done free or cheap”. Like anything in the world, you typically get what you pay for. Also usually accurate is the old adage: “If it’s too good to be true, it probably is”.
I would recommend reviewing the materials on this Web site to see if you have the ability to file the patent application yourself. It’s not easy; it does take considerable commitment. But many inventors find that they can patent an invention themselves once they understand the process. My goal is to help describe the process.
I hope this Web site helps a bit. Best of luck with your invention.
– Eric
Hi Misty. Thank you for your question.
First off, yes it sounds like your invention would be filed as a Utility Patent. However, before you file a patent application, you would need to build a prototype. I know this may seem to be an insurmountable hurdle. To be honest, it is a big hurdle for most inventors. But there is reason to be optimistic…
Thanks to the fine question of another participant in this forum, I just wrote a post about the variety of ways to approach the prototype challenge. The post is entitled, “How to prototype your invention. How to prototype your idea.” Just click on the following link to be transported to it. http://patent-your-inventions.com/?p=143
Misty, I hope the linked-to information will be helpful with your idea. Best wishes in bringing your doggie-door invention to life!
– Eric
Is there such a thing as a poor mans patent where you simply have your idea or invention notorized and sealed and send it to your self in the mail?
Hi. I was doing research on how to patent an invention. I don’t have an invention, but a phrase. The phrase is one that is very catchy in the christian world and I would like to use it on a T-shirt to sell in christian book stores (and others hopefully). I don’t know how to get started. I have an entire T-shirt design with the phrase. Where do I go next? Any help would greatly be appreciated. Thanks!
Hi Eric, I just wanted to thank you for posting this information as I have been looking for a site such as this for many years now. I have an idea for a website similar to ebay but very much different in what it will offer the consumer. I have researched the net for something similar but have not found anything close. I have a feeling that this idea would really be an enormous one that would certainly interest investors but I am just not sure where to start and what I must do in order to protect my idea from being developed by someone else. I was told i should patent my idea and or check to make sure that another one does not exist but I am not sure where to find this information. Any help is very much appreciated Eric. Thanks in advance, Sincerely, Jason
Hi Eric –
Great Website! I would like to re-package a food product that is currently on the market but I would like to market it for a specific purpose (Random Example: repackaging soda as paint remover). Since the soda for example is already a product on the market, would I need a patent or a trademark to re-market the product? I plan on purchasing the item from a manufacturer oversees (who currently produces these goods) and using my own packaging. There is no competition for my product with its intended purpose thus far.
Thank you for your assistance.
Thanks for this sight!! I have been over whelmed with what to do next that will not cost me an arm and leg. The Patent lawyer wants both legs and arms.
I have gone on the USPTO and looked for my invention and also google searched. I have not seen anything close. Can I file an applacation for a Patent without knowing for sure that it is not out there. Do I have to pay for a patent search? My product is pretty simple. I have a model made, RUSTIC but I am not sure of the exact way it will be held together. (nuts and bolts or if I would search out a company to mold it as one piece.) Can I go about it in this way.
Hi Eric,
Firstly, I really like the blog, its very informative particularly the How to protype your idea, great stuff. Now I think you may have covered this question, but I have read a few of the earlier posts in this forum but have not found an answer.
Basically I have an idea to improve a product that already exists, it is a very basic product but I feel it could be improved greatly. What I would like advice on is the following: When James Dyson came up with the bagless vacuum cleaner, did he patent the vacuum cleaner itself or the modification he made to the the existing model?
Hi Jeff.
Thank you for your question. Well, there’s no such thing as a Poor Man’s Patent. Writing a letter to yourself, and sending it by regular, registered, or certified mail, does not help you acquire rights to your invention. Because this is such a common myth, I’ve written a post specifically about it. Check out: http://patent-your-inventions.com/?p=61
Glad to help!
Hi Betty.
The fields of intellectual property (IP) that would be appropriate for a phrase on a T-Shirt would (depending on circumstance and actual use) would be either copyright or trademark. For a handy FAQ regarding copyrights, check out the following Web address: http://www.copyright.gov/help/faq/. And the following link provides excellent information regarding trademarks: http://www.uspto.gov/web/trademarks/workflow/start.htm.
I hope the above information is helpful to you. Best of luck with your T-Shirt idea!
– Eric
Hi Jason. Thank you for your question.
As I get this question quite frequently, I have written a special post called “Can You Patent a Web Site?”. You can quickly jump to that post via the following link: http://patent-your-inventions.com/?p=102
Let me know if the above-referenced post adequately answers your questions. If not, jot me another note and I can try to provide additional thoughts.
Glad to help!
Hi Carol.
You can, indeed, patent a new use for an existing invention.
For instance, about 10 years ago, the Federal Circuit Court of Appeals allowed a patent on an invention that used “Bag Balm” (a medicinal treatment for irritated cow udders) to treat male baldness. And there are many other instances of these sorts of “new use” patents.
Your patent application would describe both the current product and your “new use” for this product. Your biggest hurdle may be passing the “unobviousness” threshold. Not only must an invention be unique, it must be unobvious to someone “skilled in the art” of the invention. I’ve written a post specifically on this topic which should provide greater clarity. Check out my post entitled, “Is your idea patentable? Two vital things to consider…”. You can quickly jump to that post by clicking on the following link: http://patent-your-inventions.com/?p=35
Best of luck with your invention and endeavor!
Hi Noreen.
Yes, the typical costs for a patent can cause the ultimate “sticker shock”!
You can file a patent application at any point in your research process. If you have made a good faith effort to search for similar inventions (which it sounds like you have), that’s a good start. The patent examiner (the person at the U.S. Patent and Trademark Office that will be assigned to review your application) will also conduct a patent search. He or she will photocopy any “prior art” discoveries he or she makes, and provide those in his or her response to your application.
Congratulations on making a prototype of your invention. That’s a critical step you’ve completed. Your patent application will describe and show how you’ve currently made the invention — as well as other ways to possibly make the invention. It will be some very broad language that spans as many manufacturing options as possible. In most cases, it would be nearly impossible to make prototypes in every possible material and method.
It’s exciting to hear of the steps you have taken — from patent search to creating a physical prototype. I wish you the very best of luck as you take the next steps. (And try to hang on to those arms and legs!)
– Eric
Hi Crae. Thank you for the very kind words. I really appreciate it.
I don’t know specifically about the Dyson vacuum cleaner — but there are many many patents that are vital improvements to the basic idea. Your question piqued my curiosity — so I went to Google Patents — http://www.google.com/patents — and typed in “James Dyson vacuum cleaner”. Boy, some very interesting results. Check out his patent from 1992 entitled “Dual cyclonic vacuum cleaner with disposable liner” Here’s a link to it: http://www.google.com/patents/about?id=dVIgAAAAEBAJ&dq=james+dyson+vacuum+cleaner
You’ll see Dyson’s patent cites nine other vacuum-cleaner patents. You’ll read how his invention is an improvement on (or differs from) all of these exiting devices / patents.
Check out Dyson’s other patents. I think you’ll find it very interesting reading…and will answer lots of your questions.
Thanks, again, for the nice words. Glad to be of assistance.
I lately came across your blog and have been learning along. I thought I would leave my first comment. I don’t know what to say except that I have loved reading. Fine blog. I will keep visiting this blog very often.
Hi Eric, I have an idea to use an already existing product, make it look more upscale and market it to a different type of client in a totally different field than it is currently used. Is this possible? Do I or can I get a patent for this?
Thanks for all your information
Kristina
I have a board game idea and i would like to patent it.
because in future i might want to make it a real one.
can i patent my idea on this website?
where can i get it patented?
please reply! thanks!
Tania
Hi Im an underaged inventor.
can I still patent my idea?
how can I sell it?
What steps Should I take?
There is no help for us under aged inventors.
Hi Kristina. Thank you for your question.
I have written a couple of posts that should give you substantial insights. One in particular is entitled: “Can you patent a new use for an existing device? (And, if so, should you?)” To jump to it in a jiffy, just click on the following link: http://patent-your-inventions.com/?p=128
I’m glad you are enjoying the Web site. Best of luck in your invention endeavor!
– Eric
Hi Tania. Congratulations on your board game idea.
Check out my post entitled “Can you patent a board game? Here is the information you need to know.” You can get to it quickly via the following link: http://patent-your-inventions.com/?p=147
Best of luck with your board game!
– Eric
Hi Josue.
Good news: There are no age restrictions regarding filing for a patent.
The following is an excellent FAQ for young inventors published by the U.S. Patent and Trademark Office (USPTO): http://www.uspto.gov/web/offices/ac/ahrpa/opa/kids/kidprimer.html
Best of luck with your invention!
– Eric
Hello Eric,
I have more of an idea I would like to patent/copyright but I am extremely limited in the funding department. I looked online at different patent lawyer sites and saw prices in the thousands! I would classify my idea as a cell phone application. My problem is, I would like to protect the idea before I try to actively pursue it and start letting the cat out of the bag.
Thanks,
Mike
Hi Eric,
I came up with an idea for a digital device that will help both entry level and professionals in a specific field. I am a semi-professional in this “area” and began searching for a device that could do what I needed in order to advance myself. To my amazement I found no product that offered the features I desired, only products that were a primative form of my concept with minimal features.
I don’t currently posses the ability or the means to develope a prototype of this complexity. I am however an artist and have sketched the device in great detail.
Is it possible to simply sell my concept to companies which already specialize in equipment in this field and avoid headaches I’m not enterested in having. . .should I pursue an understanding of the complex programing of the unit to better define it . . .should I search for investors, and where would I look? . . .????
Thanx for the help,
signed, Kinda Lost!
I have a business idea that involves music identification programs. This will involve developers making the idea possible. Should I patent the idea first before talking to developers?
Thank you
Dear Eric –
Thank you very much for this wonderfull website, I havent looked through it thoroughly, however I plan on doing so tommorow.
I have a question though, I have designed a car and wish to do an International patent on the design,briefly [few words] what is the proccess of obtaining an international patent filed at USPTO bearingin mind i live in Lebanon in the Middleast?
Thisis wha I have:
3D Renders and animations of the Vechilce [photorealistic]
Top -front -side- rear- view drawing that are dimmensioned.
[ I know that descriptions under each view and angle are good if not insome cases neccesary as they determine what will be patented]
From lebanon how will i be filing my papers and such? through mail?
thank you again for this great website!
PS: Will i need to patent say car emblems and such and have them added onto the car “Blueprints”? also, with a provisional patent I have 1 year to add anything to the design at no additional fees, sithat correct?
Thanks again.
Hi Jimmy. Thank you for the kind words about the Web site. Much appreciated.
You’ve posed some excellent questions. Thank you for submitting them.
I have just launched a new Web site — http://www.HowToPatent.pro — that encompasses all of the material on this site, plus will be my platform for information regarding a number of additional patent- and invention-related topics (such as invention marketing — which has been a very popular question). If I could ask a big favor for you to do a “copy ‘n’ paste” and post your question at http://www.HowToPatent.pro, that would be greatly appreciated. I will then respond to your question at the new Web site. Thank you, again!
– Eric
Hi Vadim.
This is an excellent question. Thank you for posting it.
I have just launched a new Web site — http://www.HowToPatent.pro — that encompasses all of the material on this site, plus will be my platform for information regarding a number of additional patent- and invention-related topics (such as invention marketing — which has been a very popular question). If I could ask a big favor for you to do a “copy ‘n’ paste” and post your question at http://www.HowToPatent.pro, that would be greatly appreciated. I will then respond to your question at the new Web site. Thank you, again!
– Eric
Hi Troy.
This is an excellent question. Thank you for posting it.
I have just launched a new Web site — http://www.HowToPatent.pro — that encompasses all of the material on this site, plus will be my platform for information regarding a number of additional patent- and invention-related topics (such as invention marketing — which has been a very popular question). If I could ask a big favor for you to do a “copy ‘n’ paste” and post your question at http://www.HowToPatent.pro, that would be greatly appreciated. I will then respond to your question at the new Web site. Thank you, again!
– Eric
Hi Mike.
This is an excellent question. Thank you for posting it.
I have just launched a new Web site — http://www.HowToPatent.pro — that encompasses all of the material on this site, plus will be my platform for information regarding a number of additional patent- and invention-related topics (such as invention marketing — which has been a very popular question). If I could ask a big favor for you to do a “copy ‘n’ paste” and post your question at http://www.HowToPatent.pro, that would be greatly appreciated. I will then respond to your question at the new Web site. Thank you, again!
– Eric
Hello I have an idea that will help the parents as well as the child. Its a [content masked]. How do I get that patent and get the help i need to get started for free as i dont have the monetary means to get started.
Ruth
Georgia
Hi Eric,
I have an idea and would like to patent it and hopefully get a company or someone else to either buy the idea or sell it for me. I am not looking to produce it myself but think it is a great idea. Could you tell me the best route to go?
Thank You
Hi Ruth.
I just answered your question over at my new site http://www.howtopatent.pro. I hope my thoughts prove helpful!
– Eric
Hi Kara.
Thank you for the excellent question.
I have just launched a new Web site — http://www.HowToPatent.pro — that encompasses all of the material on this site, plus will be my platform for information regarding a number of additional patent- and invention-related topics (such as invention marketing — which has been a very popular question). If I could ask a big favor for you to do a “copy ‘n’ paste” and post your question at http://www.HowToPatent.pro, that would be greatly appreciated. I will then respond to your question at the new Web site. Thank you, again!
– Eric
I would like to patent an idea about transportation for groups of people to sporting events (ie college basketball games, professional games, concerts even.) I would like to put the patent on the idea and the name “Vans for Fans”. I feel the name explains most.
I have a tagline/phrase that I would like to put into print for sale on tshirts, coffee mugs, mouse pads…etc. To protect this phrase do I need to get a patent, copy right or trademark, or ALL?
Hi Alicia. Thank you for your question.
It sounds like you’re talking about intellectual property embodying a particular phrase. If so, you should be considering a trademark. The following is an excellent & quick comparison of various types of intellectual property (including trademarks) published by the U.S. Patent and Trademark Office http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm.
I’ll post more information on this topic on my new blog / Web site at http://www.HowToPatent.pro
– Eric
Hi Jacki.
Taglines, and such, fall into a category of intellectual property encompassed by trademarks.
Take a look at the following comparison of various types of intellectual property (including trademarks) published by the U.S. Patent and Trademark Office http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm.
I’ll post more information on this topic on my new blog / Web site at http://www.HowToPatent.pro
– Eric
Hi Eric,
My name is Nicole, I came up with this amazing idea of a product that will sell for sure! I could see it selling in stores like spencers, gizmo nd gadgets or even adult stores. I know many people would buy this item. I don’t want to write what it is on this because I don’t want anyone stealing the idea. I wanted to know how I could make this product and sell it and make money off of it. Please get back to me soon!!
I have an idea. It makes perfect sense to me and the relatives I have shared it with..I just don’t have a clue how to draw it. There are things involved in this invention that are too complicated for me to draw out how it works. I can draw the outer parts, but the inside parts are going to be difficult. I know that this invention is a hit…It will benefit the world in many ways and I wouldn’t be surprised if it were all over the TV someday if I could get it patented…I just need someone to help me draw it or I need gaudance on how I need to draw it. I am not at a level of intellegance where I can do all of this on my own…and I do not want to be tooken advantage of…This idea is too valueable. Can you help me?
Hi Nichole.
Thank you for the excellent question. And I’m glad to provide an answer.
Please do me a big favor and copy ‘n’ paste your question into my recently launched Web site — http://www.HowToPatent.pro — that encompasses all of the material on this site, plus will be my platform for information regarding a number of additional patent- and invention-related topics (such as invention marketing — which has been a very popular question).
If you to do a “copy ‘n’ paste” and post your question at http://www.HowToPatent.pro, that would be greatly appreciated. I will then respond to your question at the new Web site. Thank you, again!
– Eric
Hi Trish.
I appreciate your question, and I’ll do my best to provide an answer. I have a few posts on my new Web site — http://www.HowToPatent.pro — that provides some great tips on creating patent drawings. Please do me a big favor and copy ‘n’ paste your question into http://www.HowToPatent.pro and I’ll respond in more detail there.
Glad to help.
– Eric
Hi Eric, I have an Idea that concerns text messaging. I have no idea how to make the phone do it. But i know that if the phone could do it,it would sell. Can you just patent the idea itself.
Thanx Jeff
well i will ilk to kno how to get my ideal patent and how much will it be, can u please help me b for its to late
Hi
i am in the process of making a website , it has a concept that i would like to patent in the uk! but not sure where to start and how i do this?
many thanks
Hi Eric, I’m from Malaysia and just found this great Website today so I havent looked through it thoroughly.But I loved it..For your knowledge I had an idea over 18 years ago and never patented it. I just hope that I can buy that product in the shop. But it not happend. This product not for US but I had 2 new idea today for US when I log on your web.Thanks to you.
Hi Eric,thanks for your gr8 and useful information and answers. I have an idea for a website. a new idea like youtube , facebook or google that will serve the millions and make their life easier. I have a feeling that this idea would really be an enormous one that would certainly interest investors but I am just not sure where to start and what I must do in order to protect my idea from being developed by someone else.appreciate your collaboration. Thanks in advance, best regards, joe
Hi Jeff.
I appreciate your question. Glad to answer.
Please do me a big favor and copy ‘n’ paste your question into my recently launched Web site — http://www.HowToPatent.pro — that encompasses all of the material on this site, plus will be my platform for information regarding a number of additional patent- and invention-related topics (such as invention marketing — which has been a very popular question).
If you to do a “copy ‘n’ paste” and post your question at http://www.HowToPatent.pro, that would be greatly appreciated. I will then respond to your question at the new Web site. Thank you, again!
– Eric
Hi Holly. Welcome from across the pond!
Please do me a big favor and copy ‘n’ paste your question into my recently launched Web site — http://www.HowToPatent.pro — that encompasses all of the material on this site, plus will be my platform for information regarding a number of additional patent- and invention-related topics (such as invention marketing — which has been a very popular question).
If you to do a “copy ‘n’ paste” and post your question at http://www.HowToPatent.pro, that would be greatly appreciated. I will then respond to your question at the new Web site. Thank you, again!
– Eric
Hi Joe. Thank you for the very kind words about the Web site. I’m glad to provide information on where to start.
Please do me a big favor and copy ‘n’ paste your question into my recently launched Web site — http://www.HowToPatent.pro — that encompasses all of the material on this site, plus will be my platform for information regarding a number of additional patent- and invention-related topics (such as invention marketing — which has been a very popular question).
If you to do a “copy ‘n’ paste” and post your question at http://www.HowToPatent.pro, that would be greatly appreciated. I will then respond to your question at the new Web site. Thank you, again!
– Eric