In engineering school Professers would teach that a patent wasn't to keep people from copying you but to allow you to keep making it.Originally Posted by Smithereens
In engineering school Professers would teach that a patent wasn't to keep people from copying you but to allow you to keep making it.
Your professors were wrong. A patent is a "negative right" meaning that it does not grant the patent owner the right to practice the invention. A patent grants the owner the right to exclude others from making, using, selling, offering for sale, and importing the patented invention (within the U.S.).
This is a pretty old thread, now, so I think the issue is moot, but in case anyone finds this thread in the future, I wouldn't want them to be misled.
This is an old thread but I would like to throw in my two cents. First of all you can do your own provisional patent application for relatively cheap. This can help give you at least a year to market and sell your product and to see if it is profitable enough to hire a patent attorney. Another way to get some protection is to disclose the inventions, like on this forum for example. After you disclose it you have a year to file for the patent while trying to sell your product. This will also prevent others from patenting your idea in the meantime. The problem with this is after the year goes by, no one can patent this idea. Some of these rules have gone into effect this year. The U.S. used to be a first to invent country and now is a first to file country. Please note that I am not an expert so please verify that my statements are correct by doing your own research.
Last edited by got hammocks?; 12-28-2014 at 17:11.
I would be very cautious about any disclosures (public or private) after filing a "provisional". There are very specific regulations regarding disclosures that must be followed and is spelled out at the USPTO site. It costs nothing to research this at the site. Violate these regulations and you loose your right to file a patent application. See a patent attorney first and foremost on all patent related issues. It is well worth the money you'll spend.
I am also in total agreement with what Celly said above.
Whatever your idea is, I hope it gets off the ground – patent or no patentGood luck!
My father was a chemical engineer and he had numerous patents relating to petroleum and industrial anti pollution products and chemicals. They were worth millions and someone else always bought in a provided the means for the patents, which he then sold back or leased. It was apparently insanely expensive, but more than that it was full of legal challenges. Keep in mind that you have to file the patent in every single country under which you want protection. File only in the US and you can't enforce the patent if it is manufactured and sold elsewhere. You also will not be able to enforce a patent unless a large company is behind you as you will quickly bleed dry from the lawyer and court expenses.
I hate to sound gloomy about it, but from the little I was witness to over the decades, it's one of those things that sounds like it is for everyone, but in many cases it's really for mid sized and larger corporations. Also being granted a patent is not the end of things as far as being fully protected. Lastly, it really better be somehow unique which does not fall under other patented ideas. Things to do with laws of nature and abstract ideas are if I remember right not patentable and there are probably other not expected. You can patent processes if the process is truly unique . I used to deal a bit with copy-right law. When I used to get headaches about it ... I remember thinking "at least it's not patent law.
So in short, if you don't think it's worth serious money over time and if you are certain that it is a useful process hitherto unused in ANY other industrial process AND have decent money to spend ... don't bother. It's more vanity that use. Man, I hate to sound so negative, but as a last point, I think that many who get patents granted over-estimate the protection that they get. You always have to go to court and in a small cottage style industry only the truly unwise who didn't take it to heart that you should incorporate and don't know how to structure their assets are in any danger from a claim for damages. And those will be peanuts compared to your costs and ability to recoup.
If it is a really great idea the best way would be talk to a patent attorney instead of winging it. Hope it works out because:
Pulks are outstanding for toting a load in the back country during winter. I manged to convince this crew that it was the way to go when we traversed Yellowstone way back in Ought Six, and they were darn glad they hearkened to my suggestion.
Mark_TetonWildYellowstone_02282006_37.jpg
I am sitting here wondering what a sled is,what a pulk is,what snow is.Wait,I did see some snow once in 1973 during the Great Blizzard of Central Georgia.
Another factor with patents is the fact that Patent Laws vary between countries. United States Patent Laws are different vs Canadian vs Mexico vs England.My father was a chemical engineer and he had numerous patents relating to petroleum and industrial anti pollution products and chemicals. They were worth millions and someone else always bought in a provided the means for the patents, which he then sold back or leased. It was apparently insanely expensive, but more than that it was full of legal challenges. Keep in mind that you have to file the patent in every single country under which you want protection. File only in the US and you can't enforce the patent if it is manufactured and sold elsewhere. You also will not be able to enforce a patent unless a large company is behind you as you will quickly bleed dry from the lawyer and court expenses.
I hate to sound gloomy about it, but from the little I was witness to over the decades, it's one of those things that sounds like it is for everyone, but in many cases it's really for mid sized and larger corporations. Also being granted a patent is not the end of things as far as being fully protected. Lastly, it really better be somehow unique which does not fall under other patented ideas. Things to do with laws of nature and abstract ideas are if I remember right not patentable and there are probably other not expected. You can patent processes if the process is truly unique . I used to deal a bit with copy-right law. When I used to get headaches about it ... I remember thinking "at least it's not patent law.
So in short, if you don't think it's worth serious money over time and if you are certain that it is a useful process hitherto unused in ANY other industrial process AND have decent money to spend ... don't bother. It's more vanity that use. Man, I hate to sound so negative, but as a last point, I think that many who get patents granted over-estimate the protection that they get. You always have to go to court and in a small cottage style industry only the truly unwise who didn't take it to heart that you should incorporate and don't know how to structure their assets are in any danger from a claim for damages. And those will be peanuts compared to your costs and ability to recoup.
Recent Patent issue from one of our cottave vendor's involved Warbonnet stopping a start-up competitor from copying one of their designs.
I have nothing to say pro or anti patent. I will say I'm a D.I.Y.'er and no matter what it is your selling, I'll probably D.I.Y. it cheaper at home for personal use, not production.
Having said that I'd suggest offering plans in PDF file for $5 or $10. Copyright might be easier than a patent? You could sell thousands of plans even though only a few might actually get built.
I am going to share an example and I think you could contact either one of these guy's with a question about it. They are great folks and helpful.
Not hammock related but plans in PDF examples.
http://www.elkinsdiy.com/
https://simplesolarhomesteading.com/
Posting Permissions
Reply With Quote
Bookmarks