OT/Has someone ever applied for a patent? Options

[computers4kids]

I have this widget that I've built 30 of so far that I believe has true marketing potential. Sorry, it won't bolt on a 914. (IMG:style_emoticons/default/biggrin.gif) The idea is novel, unique and inexpensive to make, but has a worldwide audience. Anyway, I was toying with the idea of mass producing several thousand for a first run but if this takes off like I think it might--some big company is going to replicate it.



The patent process?
Any idea how difficult it is to get one....costs? From what I've read you can do it yourself or hire a patent attorney.

Any feedback would be appreciated.
Thanks, Mark

[Joe Owensby]

Most of the advise offered is very good. Probably the main reason to try for a patent is if you plan to sell your idea to a big company. In that case, a provisional patent application will enable you to discuss it openly with anyone and not worry about them stealing your concept. The provisional application gives you a little time to market the idea and is not as expensive as a final patent application. You still have to do the prior art and pay attorney fees, etc. though. The changes that were made to the patent laws just made a few weeks ago give the priority to the first one to file for a patent, not the person who makes the invention. I think it will make it easier for a big company with a staff of lawyers to beat others to filing for good ideas.

You should try searching using the recommended Google patent site. It is pretty easy to use. Be very honest with yourself and look very, very hard. I quite often deal with people who bring ideas into our company which are new to them, but are not new to the world. One of our patent attorneys says that if "You think of something new, you have made an invention. However at the same time it may not necessarily be novel, meaning the concept exists somewhere else in the world (ie. someone has already invented it )." The Google site is just a preliminary check, as it doesn't check for prior art in the rest of the world including Europe and Japan. The Japanese try to patent everything they see. Now the Chinese are doing the same. While this may not seem important to you if you don't plan to sell in their markete, their patents or patent applications may exist before yours does. This can and will be used by others in working around your patent.

In a competitive economic environment you should expect that your competitors will try to out do anything you come up with. Most patents can be worked around unless they are very well written. Legal battles can cost tons of money.

But, if you have that really great idea for a large market and do some reasonable up front work to make sure it is in fact new, go for it. Good luck. JoeO