Do I need a patent for my product?

Question

Hello,

I have a unique product but it is an apparel product that could be easily replicated and modifiyed to perform the same function while getting around a patent. Does anyone know if it is still worth getting a patent done for this or is it a waste of money and it would be best to just be first to market?

Thanks,
Matt

Answer 1

Good question.

Patents are never required, but can be nice to have. Some of my clients, when they have very simple products, like to wait until the patent is granted until going to market. Others don't want to wait.

You might have several options, with the $14k kind of option being just one. The faster and cheaper patent route is probably a design patent. I don't know your product so can't say whether you are eligible. Cost to file a design patent is typically under US $3,000, and you'll spend about half that much to get it to grant. The process takes about 12-18 months and you have no protection until grant.

You might also get the right bang for your buck from a copyright registration. It costs typically under $1500 from start to finish and takes about 9 months.

If you can stomach higher costs then a utility patent might be on the menu.

You can do combinations of these options, too.

One other thing to consider is trademarks. Trademarks protect things like your brand name and logo.

All of this should be tempered with an understanding of your market size, how long you expect to be selling, how much you will sell, and whether this kind of product has long term value.

My email is public so feel free to ask more direct questions. Hope this helps. Good luck! -Steve

Answer 2

NOLO is a great, free informational site. Also, be sure to read what the USPTO (United States Patent & Trademark Office) has to say about patents.

Associations may be a good avenue to explore. These organizations will address many of the thoughts, questions and concerns you'll inevitably have as well as many you haven't anticipated yet. See the source box for some relevant links.

Research, research, research – this cannot be stressed enough. Read as much as you can. Here are some book titles that are relevant:

Getting a Patent:
* Patent It Yourself (11th Edition) by David Pressman
* Patents and How to Get One : A Practical Handbook by U.S. Department of Commerce
* How To Make Patent Drawings Yourself: A Patent It Yourself Companion by Jack Lo
* The Inventor's Notebook: A Patent It Yourself Companion by Fred E. Grissom

What to do Next:
* From Patent To Profit: Secrets & Strategies For The Successful Inventor, Third Edition by Bob Dematteis
* How to License Your Million Dollar Idea: Everything You Need To Know To Turn a Simple Idea into a Million Dollar Payday, 2nd Edition by Harvey Reese
* The Inventor's Bible: How to Market and License Your Brilliant Ideas by Ronald Louis Docie
* The Complete Idiot's Guide ® to Cashing in On Your Inventions by Richard Levy

There are plenty of free informational resources out there. Check the source box for links to articles.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 3

Well if this tells you anything about wheather or not its worth it to get a patent, its something to think about, but this is what I know from my daughter going through the process.
Its been 3 yrs and she still hasn't found anyone to market her idea and she paid a patent lawyer $14,000 to do so.
I believe you can get burned , but if you don't have one, your idea can be used by someone else.
She does have her patent pending though, which is good.

Answer 4

If that is the case - I would concentrate your costs on establishing a strong "first to market" position.

Answer 5

I am no lawyer, (but my dad is one, lol) You would have to ask them for permission, and be sure to get a LEGAL WRITTEN document, and a lawyer to make sure it's valid.