When should I get a patent I have an idea what should I do?

Question

I have an idea of an item I want to make, which includes electrical devices. I am not an electrician or one who knows computers, but I wish to work with a company who most likely can build it. What should I do, get a patent first, even though I dont know what will make the machine work or should I wait until the company finishes my idea to get it patent. See when you send in a patent they want a drawing design of it and identifying each and every piece that explains the piece and its use.

Answer 1

Start with the U.S. Patent Office website at www.uspto.gov. They have sections on the basics of patent law and the requirements for a patent. They also have a nice searchable database where you can see if your idea has been previously patented. This should be your first step because many ideas have been patented even if they are not in commercial use. In other words, just because you don't see it on the market doesn't mean it hasn't been patented. If you decide to proceed with a patent, you need a good written description of your invention, usually with drawings and good "claims". Claims define the difference between your invention and what has been done before (known as the "prior art") The process is complicated so get a lawyer if possible.

Re the other answer, note that a copyright is absolutely the wrong thing for your situation. Copyright has limited protection (only protects against copying, not against using same basic idea, but doing it your own way.)

Answer 2

It would be easier, cheaper, and faster to get a copyright, rather than a patent; not to mention that the copyright will last longer.

All you need for a copyright is your design, finished or not. If you wish, you may even include things that have nothing to do with that design into single copyright, because you are copyrighting the entire content, not a particular design, per se. And, no lawyers are needed for copyrights, whereas you should get one for a patent (don't trust those ads that say, in essence, "give us your patents, and we'll tell you if it's worth something").

After you get the copyright, submit your idea to whatever companies you wish; don't "carpet bomb" every single one, though! The last thing you want is to get into a "bidding war", because many companies will just shrug it off. Instead, flatter the few, targeted companies by saying that you want only them to produce your product (research that company to back up your claim!). The accepting company (if any) will, most likely, buy-out your copyright, put the patent in their name (they *might* include you in it, but they are under no obligation, legally or morally, to do so), and then sell it, themselves (of course, you could also arrange for a royalty deal, which is not uncommon).

BTW, contrary to your final sentence, although patents have become more particular over the years, you do NOT need to include each and every piece, nor do you need to explain the entire thing (i.e., the overall picture will suffice). The reason is that most patents are issued for objects in the planning stages; very few patents are actually ever produced, much less have 100% of it explained (otherwise, someone could steal pieces of your design without your ever knowing about it!).

The following links may offer some guidance.

Good luck! (and don't forget to send some of those royalties my way for suggesting this!) ;)