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Patent Question

GrensonMan

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Greetings all,

Spent the afternoon doing a patent search for an idea I had and so far it's come up clean. I read about the process of filing for a patent and it mostly just looks arduous as apposed to difficult.

However, I have some specific questions that some of the forum members might be able to help me with.

Is the patent process the same if my invention requires the use of another technology? Lets say that I have invented something that runs on batteries. Since batteries are their own separate invention, how would that work? Another example might be a laser pointer where maybe I improved the way the light shines. Since a laser pointer is a separate invention but I am bootstrapping my improvement to it, is that even something that can be patented?

Another questions using my laser pointer example. There are lots of laser pointer companies out there. Would they all pay royalties to the original patent owner assuming it is still within the 20 year patent grace period?

Thank you for your time and answers.
 
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Michael Raphael

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I would contact a patent lawyer for these specific questions. Also you would be patenting the design or function of your product, you wont have a problem with the patent if it requires batteries. Otherwise every unique toy would be obsolete.
 

KLaw

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Greetings all,

Spent the afternoon doing a patent search for an idea I had and so far it's come up clean. I read about the process of filing for a patent and it mostly just looks arduous as apposed to difficult.

However, I have some specific questions that some of the forum members might be able to help me with.

Is the patent process the same if my invention requires the use of another technology? Lets say that I have invented something that runs on batteries. Since batteries are their own separate invention, how would that work? Another example might be a laser pointer where maybe I improved the way the light shines. Since a laser pointer is a separate invention but I am bootstrapping my improvement to it, is that even something that can be patented?

Another questions using my laser pointer example. There are lots of laser pointer companies out there. Would they all pay royalties to the original patent owner assuming it is still within the 20 year patent grace period?

Thank you for your time and answers.
Good questions. I am interested in the answers as well. Also, curious about provisional patents. After your year runs out - can you get another provisional? I don't think you can but just wondering if there is another workaround prior to getting a full blown patent.
 
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GrensonMan

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Good questions. I am interested in the answers as well. Also, curious about provisional patents. After your year runs out - can you get another provisional? I don't think you can but just wondering if there is another workaround prior to getting a full blown patent.
I'm calling a patent attorney today to see if I can get an answer.

I have been looking into different scenarios where a patent may not be needed. The thing I can't find is without a patent, how can you protect yourself from the manufacturer? Let's say the manufacturer is providing Widget A to you and one day they see it for sale at Costco. They then realize, "hey the guy I am selling to is providing everything to Costco, why don't I cut out the middleman." The manufacturer then contacts Costco and makes a deal where Costco saves money by cutting out the middle man (you) and the manufacturer makes money in kind.
 
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GrensonMan

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Ok just got off a call from a patent attorney here in Houston. Thank god the first phone call was free. It all seems kind of obvious to me know haha but it's nice to have the confirmation from a professional. Here is what he had to say.

  • If your design is dependent on another design, then you might be liable for licensing fees if that patent has not run its course.
  • Until the moment where you own the patent, your idea can be taken by anyone. That includes prototypers, manufacturers, or the little old lady next door.
I am debating having a consultation with this patent attorney to review some options on my idea. However, at $250/hr maybe i'll just figure the shit out on my own :woot:. All in all it looks like filing for a patent using the help of an attorney is a very expensive venture.

I'm thinking about recording my session with the patent attorney (with his permission of course). Maybe once I am through with the whole process I can post it here if it will be of benefit.
 
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GrensonMan

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TedM

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After your year runs out - can you get another provisional?
you can't renew them, but you can resubmit all you want. you lose your priority date when the first one expires and your new priority date will be from your new filing.
 

Developmental

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a good approach to a patent it to decide what part of your product is the part you actually invented

take for instance the Segway - it is not really feasible to patent the whole thing, however, the most important part of a segway, the part that actually makes it stay upright is the solid state rate gyro, that is the important part and that is the part you need to patent the most. The rest of it is just electric motors, gears and plastic, none of that lot is really that clever.

If you control the patent to the crucial part of the tech, you control the product.

The other side of the coin however is that you have to fully disclose, in all the intimate detail, the method of how it works. For this reason, companies like 3M often don't patent things because they have to disclose the details of the product - thereby giving their competitors a starting point for further research. If they think a competitor wont be able to work out what 3M put in their adhesives for instance, then they wont patent it.
 
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TedM

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a good approach to a patent it to decide what part of your product is the part you actually invented

take for instance the Segway - it is not really feasible to patent the whole thing, however, the most important part of a segway, the part that actually makes it stay upright is the solid state rate gyro, that is the important part and that is the part you need to patent the most. The rest of it is just electric motors, gears and plastic, none of that lot is really that clever.

If you control the patent to the crucial part of the tech, you control the product.

The other side of the coin however is that you have to fully disclose, in all the intimate detail, the method of how it works. For this reason, companies like 3M often don't patent things because they have to disclose the details of the product - thereby giving their competitors a starting point for further research. If they think a competitor wont be able to work out what 3M put in their adhesives for instance, then they wont patent it.

This was a really good answer
 

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