Advice wanted, let’s see how thick my skin is :)
Mamushka
I’m a mechanical engineer and had an idea for improving a tool (no
worries about a patent on the existing tool). I built a prototype and
this thing works perfectly, really surprised me at how well it worked.
With prototype in hand I started talking to several of my friends who
are also engineers. These guys are extremely good at playing devils
advocate and would enjoy having a chance to point out what an idiot I
am. Not one of them found fault in the product and all of them
actually thought it was a great idea. Patent searches by myself and a
friend indicate that my idea is indeed novel.
I have determined that this tool is something that really needs to be
licensed and not manufactured and sold by myself. I also know that the
design will have to be optimized by someone else for production (novel
concept will not change). I can make the drawings (both for the patent
and to make “professional” prototypes) and by reading the patents of
similar products I’m sure I can write up a reasonable description.
My idea is to get a provisional patent, have a few dozen prototypes
produced and send them out to manufactures of this type of product,
retailers, magazines (popular science etc.) and anyone else I can
think of. I would obviously do my best to find the right person to
send it to in each case. I figure that I would have about ten months
to market the product before I needed to decide if I wanted to pursue
a full patent.
My question is, am I going about this the right way or am I totally
off base here? Will the provisional protect the product while I'm
sending them all over the country? I think it’s obvious that I have
never been down this road before. Thanks in advance for any input.
John
David Kiewit
"Mamushka" <jvca...@yahoo.com> wrote in message
news:3226874c-10d1-452e...@m45g2000hsb.googlegroups.com...
>>My idea is to get a provisional patent, have a few dozen prototypes
produced and send them out to manufactures of this type of product,
retailers, magazines (popular science etc.) and anyone else I can
think of. I would obviously do my best to find the right person to
send it to in each case. I figure that I would have about ten months
to market the product before I needed to decide if I wanted to pursue
a full patent.<<
Those are good steps, but ten months goes by pretty quick. So does eleven
and a half.
A better sequence could be: Get the names of the targeted individuals. Get
the prototypes. Prepare the provisional application. Send out the prototypes
on the same day you file the provisional.
>>Will the provisional protect the product while I'm
sending them all over the country? <<
The provisional application will establish your priority date for whatever
you've adequately disclosed in it.
Protection is a different animal. An optimist will tell you that you're
protected as soon as you've filed. A pessimist will tell you that you're
protected after you've successfully sued infringers several times. Don't
forget that your abiity to enforce any patent right doesn't start until the
actual patent is issued. Filing a provisional instead of a regular
application delays that date.
Dave Kiewit, Reg. Pat. Agt.
d...@patent-faq.com
James White
worthwhile. Novice searchers generally always miss the obvious. You can't
"get" a provisional patent because such a thing does not exist, you can only
file a provisional application--provisional on your doing a thorough and
enabling job on it in the first place and on your following through with the
final filing within 12 months (and your international patent apps or PCT
too). See my sig links for much more. You are on the right track
though---except maybe that "counting on a licensee" bit which rarely works
or leads to success. It is doable if your invention would be among the top
10% of any a prospective licensee has in house though.
--
James E. White
Inventor, Marketer, and Author of "Will It Sell? How to Determine If
Your Invention Is Profitably Marketable (Before Wasting Money on a
Patent)" Info Sites: www.willitsell.com www.inventorhome.com,
www.idearights.com www.taletyano.com www.booksforinventors.com
[Follow sig link for email address. Replies go to spam bit-bucket]
Mamushka
> A better sequence could be: Get the names of the targeted individuals. Get
> the prototypes. Prepare the provisional application. Send out the prototypes
> on the same day you file the provisional.
I was concerned about having parts made without protection, the more I
think about it I doubt anyone would figure out the whole from the
parts. I do agree that the time will fly by and I need to optimize it.
> The provisional application will establish your priority date for whatever
> you've adequately disclosed in it.
>
> Protection is a different animal. An optimist will tell you that you're
> protected as soon as you've filed. A pessimist will tell you that you're
> protected after you've successfully sued infringers several times. Don't
> forget that your abiity to enforce any patent right doesn't start until the
> actual patent is issued. Filing a provisional instead of a regular
> application delays that date.
I know that a provisional or regular patent does not "protect" you, it
just gives you some ammo in protecting yourself. The good thing is I'm
not relying on this idea to feed my family so if I needed to go after
someone waiting an additional year would be no big deal :)
Thanks for the input,
John
Mamushka
> You're on the right track but don't assume your patent search was
> worthwhile. Novice searchers generally always miss the obvious. You can't
> "get" a provisional patent because such a thing does not exist, you can only
> file a provisional application--provisional on your doing a thorough and
> enabling job on it in the first place and on your following through with the
> final filing within 12 months (and your international patent apps or PCT
> too). See my sig links for much more. You are on the right track
> though---except maybe that "counting on a licensee" bit which rarely works
> or leads to success. It is doable if your invention would be among the top
> 10% of any a prospective licensee has in house though.
>
good job of searching (using alternate terms - bar, shaft, rod, etc),
besides, this idea is so good if someone thought of it already they
would be making their millions from it right now :)
This product I am improving is made by many manufactures and is sold
in all of the big box stores, auto parts stores, home improvement
stores and many other places. If you were to look at my design next to
the existing designs available their is little doubt that a good
portion of people would pick mine over the others. For instance, if
you could by Christmas lights that looked and acted like normal
Christmas lights but were tangle free and cost the same as regular
lights wouldn't you buy them? My idea should not cost any more to
produce, it will have a significant and very visible improvement and
will be just as easy to use as the existing products on the market.
That is why I'm hoping some one wants to pick it up. If not, the worst
thing that would happen is that I will learn something.
Thank you for your information, after I file for the provisional
patent I will post it here. You can then tell me if you think I should
quit my day job :)
John
Mamushka
you, I looked at your FAQ and see that you are in my backyard. I am
located in Brandon :)
John
gorgey
> John,
I developed a tool that helps evaluate the idea marketability. It is
a spreadsheet, since I cannot attach it, forward your email address
and I will be happy to send it.
Once you use it, let me know if you need further help with it.
P.S. I am also a Mechanical Engineer who have came up with many ideas
and pass it on to my friends and/or co-workers for reviews.
Sam