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I have an Invention ... Now What?
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   Patent Idea, not sure how to go about starting it?
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   Author  Topic: Patent Idea, not sure how to go about starting it?  (Read 1910 times)
PFuniciell
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Patent Idea, not sure how to go about starting it?
« on: Feb 11th, 2004, 3:30pm »
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 New to the forum here. I have a question, well a couple infact. I have a potentially lucrative idea that I thought of while hanging out at a resort in Las Vegas a year ago. I say lucrative only because there is potential for a global market of this item. There are resorts around the world, so that's why I know if I play my cards right, it can be very rewarding.  
  My question is 1) How do I go about disclosing my idea to a patent lawyer or patent firm without getting back-doored by that person and coming to realize they patent it themeselves and I'm left in the breeze. 2) This item, once fully materialized in it's operational phase, is low-cost, virtually maintenance-free and can be very profitable. Needs very little start-up $$, so I don't need a financial backer. How do I go about getting a patent licence, what are the costs, limitations, duration of patent licenses, etc. etc.  
   I'm new in this, haven't even popped my cherry yet, but I know I have something good and I wanna do it the right way without getting screwed. Curious? Any input is great input. Thanks.
 
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Isaac Clark
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Re: Patent Idea, not sure how to go about starting
« Reply #1 on: Feb 11th, 2004, 5:33pm »
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Most practitioners would have no problem signing a non disclosure agreement, but even without doing so they are ethically bound not to steal your invention or to reveal it except to the extent required to accomplish what you want them to do.   In fact it is not uncommon for patent attorneys to provide an NDA but you can certainly find your own form.
 
You can also provide some insurance by keeping an inventor's notebook documenting your idea and signed by witnesses who could verify the date of conception.  You'l  want to have your witnesses bound to maintain confidenitiallity as well because once your idea is known to the someone who is not so bound, you have only 1 year to file a patent application.
 
 
 
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eric stasik
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Re: Patent Idea, not sure how to go about starting
« Reply #2 on: Feb 11th, 2004, 11:37pm »
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Dear PFunicell,
 
Mr. Clark is correct. You will want to document your invention. Buy a bound notebook whose pages are numbered, write down you idea in as much detail as possible, in INK, sign it and date it and then get someone who you can trust who is capable of understanding the invention to sign it and date it too. Normally, they would sign "read and understood" and the date and place. If you are paranoid, get it notarized (not usually necessary, but can't hurt).  
 
Now this is only a start. Patents in the US are awarded to the first person to INVENT not the first person to file. The important word here is INVENT. You have to have an invention not just an idea. There are two ways to make an invention: 1) reduce the idea to pratice by building a working model, or 2) filing an application for patent with the USPTO (the latter is called a constructive reduction to practice.)  
 
The important date is the DATE OF INVENTION
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eric stasik
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http://www.patent08.com

patent08
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and licensing services
postbox 24203
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eric stasik
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Re: Patent Idea, not sure how to go about starting
« Reply #3 on: Feb 11th, 2004, 11:39pm »
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Continued.....  
 
The important date is the DATE OF INVENTION. This is not the date when you had the idea in Las Vegas, this is the date when you built a working model or filed the application. Here is where the notebook comes into play.
 
If you can show that you worked DILGENTLY
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eric stasik
director

http://www.patent08.com

patent08
patent engineering,
business development,
and licensing services
postbox 24203
104 51 stockholm
sweden
eric stasik
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director, patent08

   
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Posts: 391
Re: Patent Idea, not sure how to go about starting
« Reply #4 on: Feb 11th, 2004, 11:45pm »
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continued again.... (sorry, new keyboard, my fingers are not landing properly)
 
If you can show that you worked DILIGENTLY on the idea from the time you had the idea to the date when you reduced it to practice, you may be able to claim the date of conception as the date of invention. So a well-documented record of this (as would be kept in your notebook) may be evidence of this.  
 
As for an agent or attorney stealing your idea, the risk is very, very, very small. There are professional codes of ethics which prevent this, you can sign an NDA as Mr. Clark suggests, and your notebook would be evidence of prior conception if there was a dispute. Also, agents and attorneys regularly deal with inventors who think they have the world's greatest idea and so this is more or less business as usual.  
 
As a final comment, spend a little time doing some research to see if anyone has already patented the idea. If it has, you can save yourself some time and money. There are more than 6 million US patents in existence and you might be surprised at what you find...
 
http://www.uspto.gov/patft/index.html
 
Good Luck,
 
Eric Stasik
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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eric stasik
director

http://www.patent08.com

patent08
patent engineering,
business development,
and licensing services
postbox 24203
104 51 stockholm
sweden
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