Usually a good idea to get a lawyer or at least a book written by a lawyer.
It's an expensive process and requires a lot of factors.
Then they usually run your idea past a company that is expert in it, but could be a competitor. An optician I knew couldn't get his Patent approved because the big lens makers blocked it, saying it wouldn't work. He ended up selling the idea to a Canadian company who put it out there and it did work.
There's a filing fee. There are international fees. You must document the process in writing or make India ink drawings on paper showing the device and how it works.
You often get several patents. One for the whole invention, one for new processes inside the invention that might be used in other inventions separately, the design of some part or the whole device.
Each requires a different fee.
There is a waiting process and an examiner goes over the appplicatoin for correctness, then it is sent to someone to evaluate the process. A scientist or a company who determines if the process is real or bogus.
Sometimes patents get wrongly turned down and later you can get a court to re-instate them. This happened with "computer on a chip" which, at the time, the powers that be said it wouldn't work, wasn't new, wasn't unique.
This also happened with a laser ruby rod process.
Figure without a lawyer it will cost about $500 per patent application and you get no refund if they don't approve the process.
With a lawyer $2,000 minimum but the lawyer will see all the forms are properly filed and filled in.
you also have to worry about using someone elses patent in your device. That's why you're supposed to do a patent search to see valid current patents in processes like yours and to see what has been turned down in the field before.
Patents expire after 17-20 years, but you can get an extension.
A lot of companies just wait out the 20 years and then make $$$ of your process now that the Patent is gone.
It is illegal to patent something you worked on at a company where you were an employee.
It is also illegal to patent something whose processes you learn about through sub-contracting work.
Classic case is Polariod v Kodak, when Kodak marketed their "instant" camera in 1980, long after the Polariod Patents were over, but Kodak made the film for Polaroid since the 1950s and had inside information that make their job easier. Polariod won 50 million in that suit and forced Kodak to recall all their cameras.
DO NOT go to companies you see on TV offering to help you. They will cost you over $5,000 and provide you with little real work for that money.
Once you have your patent it's up to you to market it.
RCA owned all the rights to the color picture tube since 1951 and they never licensed it, thus ALL TV sets in color had to buy RCA color tubes, so the GE, Admiral, Emerson, Magnavox sets all had RCA picture tubes.
In 1979 after the Patents expried SONY put out a completely new tube using different processes.
That set of patents, I beleive, is now expired for the Trinitron tube.
2006-09-27 06:07:09
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answer #1
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answered by Anonymous
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i'm no longer definite what you're regarding authentic right here. You reported you regarded it up at uspto.Gov and ebay? So, then are you declaring that any one already a patent for your theory? if it truly is so that you could not have the product equipped. If it truly is a clean theory that no man or woman has yet, then attempt to be particular you likely did sufficient study the thanks to be particular the product would not exist already. in case you did, then focal aspect on construction a proto-style. shelter in mind that as rapidly as you unlock it to the final public then you honestly've a confined time to the position that you may be able to acquire a patent for the idea. yet, you're going to truly have a date particular for your theory so someone that comes out with something eventually may no longer be the originator.
2016-12-02 03:46:14
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answer #2
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answered by ? 3
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First you have to check out if the idea has already been patented or in progress.
Gather all your documents, forms, fees and submit to the US patent and trademark office.
Check out http://www.uspto.gov/, for procedure and requirements.
Alternatively, you can hire an attorney to do it for you.
Good luck.
2006-09-26 18:43:57
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answer #3
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answered by JQT 6
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