OT Anyone here ever patent something?, where to start? Options

[GaroldShaffer]

With all the different products we have here, I am sure someone has got a patent. Got a few ideas that I think I would like to patent. I have been reading some websites but would like to get some first hand input from someone that has done this process before.

Thanks!

[bperry]

I've been through the patent process over a dozen times.
My company was sued by IBM for infringement.
Even had to go through getting a few patents thrown out
that our competitors had. Getting them thrown out is much more
difficult than getting them issued. It can be done though.
In some cases, you literally give up and negotiate the royalty because
it is just cheaper than fighting it.

There are a few other things to remember especially if you plan
on going international. There are patent filings in nearly every country.
Its a real pain.
Also, you have to be very careful not to offer your "invention" for sale
to anyone prior to getting your patent on file or else in some countries
you won't be able to get a patent.
This is where the 'Pat Pending" comes in. Once you have your device
patent filed, you can put "Pat Pending" on the unit until you get a real
patent number which will be YEARS down the road. - They are not fast.

Also, keep in mind that in order to get the patent you have to fully
describe EXACTLY how to make or reproduce your invention.
This allows everyone to see it, and from what I remember people
are allowed to create their own product for personal use and that does
not require any permission or royalties. They can't sell them.

Not only that, certain companies like IBM are watching the patent
searches (IBM used to offer all patents on line) and patents that
issue, and will start to make assumptions about what your are doing
and then toss infringement letters at you.
IBM is massive and has a zillion patents - In the tech area it is nearly
impossible to write any s/w without inadvertantly infringing on one
or more of their patents.

So in some cases if the idea is very unique but the volume is low
and the product simple to make it may make much more sense to keep it a trade secret, which has its own set of rules.
Not as much protection, but not nearly the cost either.

My opinion these days is that Patents are EVIL. They are quite often
used as offensive weapons to shut down smaller competitors rather
than to protect inventions. It is also quite easy to get stuff patented
that shouldn't be.

Did you know that at one point Texas Instruments was getting about
50 cents for every single pentium chip because they held a patent
that had a broad claim on creating a microprocessor in a single package/chip?

Unbelievable.....
--- bill