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How to Patent a new Idea?!?!

  • Thread starter Thread starter 95Vert383AOD
  • Start date Start date Mar 13, 2009

95Vert383AOD

15 Year Member
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Mar 13, 2009
#1
  • Mar 13, 2009
  • #1
I have a new improvement on something that alot of racers out there already use. But im kind of confused on how to get my million dollar idea started. Actually i have a few ideas but this one is pretty practical. I find myself building alot of my own special parts. Figured maybe im not the only person in need of my innovative ideas. Besides i could make alot of money in the process and do my part to stimulate the American Economy.

Has anyone gone threw the patent process?

PS ill tell you folks what it is after i submit it for patent.

Thanks in advance

~Chris
 

bubba-dough

Active Member
Dec 28, 2004
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Mar 13, 2009
#2
  • Mar 13, 2009
  • #2
I have been through the process many, many times. Here's the deal, go to the U.S. Patent website and look around. Its not cheap. Its not particularly easy. Can you do it yourself - certainly, but I would not recommend it. The best thing to do is get a patent attorney. They will do all of the patent research & paperwork for you. Your looking at about ~$900 depending on you location. That will include the attorney & patent fees. It is approximately an 18 month wait for patent approval. Most of the t.v. ads that you see are scams...do research on them. Once you have the idea patented or pending then you can do the manufacturing & selling, or sell the idea to a manufaturer straight-up or for royalties.
 

DocG

5th graders > me. They're not bant
Sep 25, 2005
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Mar 13, 2009
#3
  • Mar 13, 2009
  • #3
I agree, hire a lawyer and make sure its done right.

I've never done it but I know you can run into a lot of speed bumps sometimes if the idea is close to something else on file. You'd be amazed how many things are actually patented.
 

95Vert383AOD

15 Year Member
Jun 10, 2008
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#4
  • Mar 13, 2009
  • #4
Well if i make a deal with a manufacturer cant they just steal the idea? Seems like i always need a lawyer. What is being done during the 18 month wait?
 

bubba-dough

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Mar 13, 2009
#5
  • Mar 13, 2009
  • #5
95Vert383AOD said:
Well if i make a deal with a manufacturer cant they just steal the idea? Seems like i always need a lawyer. What is being done during the 18 month wait?
Click to expand...
bubba-dough said:
Once you have the idea patented or pending then you can do the manufacturing & selling, or sell the idea to a manufaturer straight-up or for royalties.
Click to expand...


DO NOT tell anyone your idea until you have applied for the patent!!! I meant that you could cut a deal after the patent is applied for.

Taken from the patent website....Questions and Answers - USPTO- USPTO
"Currently, the average patent application pendency is 24.6 months. Applications received in the U.S. Patent and Trademark Office are numbered in sequential order and the applicant will be informed within eight weeks of the application number and official filing date if filed in paper. If filed electronically, the application number is available within minutes."

You would not believe the amount of patents applications they recieve, plus the patents that already exist. The have to be very thorough when granting a patent.
 

95Vert383AOD

15 Year Member
Jun 10, 2008
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Mar 13, 2009
#6
  • Mar 13, 2009
  • #6
Well how can i trust that a lawyer wont steal my idea? Can i draw up plans and get them notarized?
 

NIKwoaC

中國製造
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#7
  • Mar 13, 2009
  • #7
bubba-dough said:
"Currently, the average patent application pendency is 24.6 months.
Click to expand...

Like everything else in the Government, the patent office is big, outdated, and inefficient.

It used to take like 6 months just to get your passport.

Good luck with the idea, can't wait to see where this goes!
 

jrichker

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#8
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  • #8
95Vert383AOD said:
Well how can i trust that a lawyer wont steal my idea? Can i draw up plans and get them notarized?
Click to expand...

Your communication with a lawyer ranks as privileged communication. It is the same thing as a lawyer you hired being required to defend you, even if you tell him you are guilty.

That's a good first step. Once the documents are notarized, place them in a mailing envelope and mail them to yourself via Registered US Mail (signature required for proof of delivery). When you receive the envelope, do not open it. The seal on the envelope and the postmark confirm the date of mailing, and thus the date of the creation of your idea. Place the unopened envelope in a bank safe deposit box and leave it there. The safe deposit box will only cost $10-$15 a year and it is a good place to store other important items you may have.
 

Mustang5L5

That is…until I whipped out my Bissell
Mod Dude
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Mar 13, 2009
#9
  • Mar 13, 2009
  • #9
We've had some guys go 3+ years before receiving their patents at my work. One guy just got one for a patent submitted in 2002

I'm on 14 months and waiting for one I'm named on. Unsure of the actual steps as my company's lawyer is working on it for me.
 

bubba-dough

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#10
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  • #10
The very first thing the attorney will do (before you even get to open you mouth), is you and him will sign a confidentiality paper.

The mailing thing is a "poor man's patent" and for every time that has worked out, there is a time that it didn't. When it doesn't work out for you what happens??? you get the crap sued out of you for lost profits, etc, etc. Companies have attorney's that know the system, wording, and legal mumbo jumbo inside and out. When it comes to "intellectual property", that is a hard thing to fight in a court of law without proper documentation. That is why attorneys come into play. You better make sure that you aren't using someone elses "intellectual property" unknowingly. Plus do you want to go battle a company who has the funding to go through a long legal process that would make you broke financially and emotionally before stepping foot in a courthouse? If the money up front is the thing...do it yourself alot cheaper. A U.S. Patent # will keep you out of court, whether as a defendant or as a plaintiff.
 

95Vert383AOD

15 Year Member
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Mar 13, 2009
#11
  • Mar 13, 2009
  • #11
Hmmm how detailed does it have to be?? like pages and diagrams? Or do i use the lawyer to help the wording of the Patent?
 

bigcat

start with the upper hole, and if more traction is
May 1, 2005
3,015
1
79
7200 feet
Mar 13, 2009
#12
  • Mar 13, 2009
  • #12
is it a tool? i know of a company that will manufacture your tools and pay royalties on it.
 

95Vert383AOD

15 Year Member
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Mar 13, 2009
#13
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  • #13
Nope is Fuel system related.
 

Cobra912

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#14
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email me your idea and I will tell you ***wink wink***
 

Shakerhood

20+ Year Stangneter
Oct 28, 2004
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Mar 14, 2009
#15
  • Mar 14, 2009
  • #15
I have always wanted to proceed with ideas but never knew what to do, over my lifetime I have seen 3 or 4 of my ideas come to market!
 

Black1987Stang

Active Member
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Mar 14, 2009
#16
  • Mar 14, 2009
  • #16
Shakerhood said:
I have always wanted to proceed with ideas but never knew what to do, over my lifetime I have seen 3 or 4 of my ideas come to market!
Click to expand...

Don't you hate that....I've had a couple WTF I thought of that ideas too...guess it takes 3 or 4 times to finally get going and get a patent made before it happens again

And yeah that tool company in pepboys Leslie? has the thing where if you come up with a tool they'll make it and pay you like a percentage of it....

I actually have 2 ideas in my head right now (I got 2 more somewhere else in my head) that would be nice and it's not too complicated, one is fuel system related...maybe we're thinking of the same thing and you're beating me to the punch?
 

95Vert383AOD

15 Year Member
Jun 10, 2008
1,133
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New Bedford, MA
Mar 14, 2009
#17
  • Mar 14, 2009
  • #17
Haha yeah i was thinking of letting a company like Aeromotive use the patent. Not a tool....but would be super useful in racing.
 
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