help filing for a patent

greenspun.com : LUSENET : Countryside : One Thread

Does anyone out there have insight in the area of filing a utility patent with the USPO? Their website is full of info, but typical of our precious gov't, it will take alot of time and perseverance for the average me to unscramble it into something usable. Is a lawyer absolutely necessary or even a good idea? Would it be more expensive than I imagine? Are there people or organizations who help other people with this sort of thing? Any ideas or suggestions would be very much appreciated. I am going to try to post this on the Women's Issues thread as well, just in case.

-- Mary (mobc@neteze.com), March 19, 2002

Answers

You need to do a patent search to make sure that your idea had not already ben patented. This is going to much more complicated than reading through a government web page and is vital to deciding if you have a viable idea or not. There are agencies that will do this, but they are not cheap and most work primarily with patent attorneys.

So, the short answer, IMHO, is talk with a reputable patent attorney.

-- BC (desertdweller44@yahoo.com), March 19, 2002.


Yes, I agree - IMHO talk to a patent attorney - not just any attorney, but one who specializes in patents. There is a lot to this process & if you miss something in your search, there will be trouble down the road & lots of wasted money. Good luck!

-- heather (h.m.metheny@att.net), March 19, 2002.

There are several decent books out on do-it-yourself patents that'll walk you thru the process.

One of the most contested issues in patent contests in court is the date of conception. Whoever got there first and can prove it has a big advantage in court.

One thing you can do to protect "date of conception" is draw or write up the idea, make a couple copies and register one at the registrar of deeds office at the local county court house and have a notary "wittness" the other one with the seal and date confirmation.

Another thing you can do is to request a disclosure form from the patent office. Fill it out and return it to them where they will keep it undisclosed to any other party for two years. This too will lock up date of conception. The two years buys you the time to do the patent search for "prior art" and initiate the application process which could take several years before actual issuance. During that time you have "patent applied for" and later "patent pending" status. The patent pending status begins when you're notified by the patent office has issued a favorable determination but haven't yet actually issued the patent. At least thats the way I understand it.

-- john (natlivent@pcpros.net), March 19, 2002.


Moderation questions? read the FAQ