Patent ideas?

Question

Do you have to make the product first or can you just have the idea patent?

Answer 1

There are countless thousands of innovations patented which have yet to see their day of production/use. Frankly, some NEVER see their day of use. If you have an innovation, you will need to check to see if it is already patented, or PARTIALLY patented (yes, if part of your innovation uses a concept patented by someone else, you are infringing). check with a qualified intellectual property attorney firm for further guidance.

Answer 2

Let me tell you from experience A design patent cost $100 and gives you a patent for the look of the item and is easily goten around just by any small change to the look of the item, a functional design patent cost $500 and gives protection for the function of a device meaning apearance dosent matter. Those are just the fees at the patent office. Then you have to deal with a bunch of people so crooked that they would scew over their own mother just to make a buck. What I mean by that is they like to misrepresent contracts that give them the right to make a product that is in direct violation of your patent.They call these nondisclosure agreements. I know I received one such as that from craftsman tools. And that is if you do it all on your own, if you hire a lawer to help with it and someone to do the drawings that you'll need for the patent, oh and dont forget the market research which should be done before applying for the patent. That can cost a pretty penny. Then you still need to make a prototype, this starts with solid works or cad drawings, then from that they make a model, from that they make a prototype, now your ready to take the prototype and the market research to the companies that make the product or the costly venture of trying to manufacture and advertize, and for what 3% of the profit and to be ignored by most companies while trying to sell it. Alot of them wont buy it from anyone but a vender. Now there is no law against making and marketing anything you make with or without a patent, but you should have some protection on it. I recommend checking out a book called Patent it yourself eleventh edition, its written by a patent atorney and I found it very helpful .

Answer 3

It is not possible to protect ideas but rather the representation of that idea.

To protect an original invention OR a significant improvement to an existing product, a patent would be filed. Here's the USPTO's definition: http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent

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.

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 4

You can have a idea patented but make sure you have considered all possibilities of using this idea so that you get the whole benefit and that this idea (as you propose) was not previously patented.

Answer 5

and idea can be patented if you have all the details sketches etc. you don't have to actually produce a product.