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I have an Invention ... Now What?
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   ok where do I start?
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   Author  Topic: ok where do I start?  (Read 3044 times)
Dot Norton
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Re: ok where do I start?
« Reply #10 on: Dec 7th, 2005, 8:34am »
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Huh I am a marketing student (a bit older than most) and one of our projects is to come up with a product not a real one, and do a paper on the Marketing Plan. I was talking to one of my co-workers about my "product" and she said it was a great idea and I sould look into a patent, it is still only an idea so where does one even start to take that idea farther?
It really is a pretty good idea.  Thanks
Dot
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JimIvey
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Re: ok where do I start?
« Reply #11 on: Dec 7th, 2005, 9:53am »
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Believe it or not, others have asked a very similar question here before.  I took the liberty of typing up a generic answer to that question here:
http://www.isrlaw.com/inventorFAQ.html
 
There's a good chance you'll have follow up questions.  We'll be here to try to answer those when you do.
 
Regards.
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franlorin
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Re: ok where do I start?
« Reply #12 on: Dec 7th, 2005, 1:58pm »
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on Dec 7th, 2005, 8:34am, Dot Norton wrote:
Huh I am a marketing student (a bit older than most) and one of our projects is to come up with a product not a real one, and do a paper on the Marketing Plan. I was talking to one of my co-workers about my "product" and she said it was a great idea and I sould look into a patent, it is still only an idea so where does one even start to take that idea farther?
It really is a pretty good idea.  Thanks
Dot

 
My suggestion is for you to perform a patent search for your "invention" - you can do one yourself or pay a professional searcher to do it - all of my postings in this forum are directed to that topic - my website might be helpful as well - take care
 
Fran Lorin www.patent.0catch.com
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Fran Lorin
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JimIvey
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Re: ok where do I start?
« Reply #13 on: Dec 7th, 2005, 2:46pm »
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Just to be clear, searches are not required by the applicant for a patent.  However, searches before filing are often a good idea.  I know I've made long posts somewhere in here about the kind of thinking that goes into determining whether a prefiling search is worthwhile and, if so, how much you should search.
 
In the case of Dot, it may very well be a good idea to conduct a brief prefiling search.  For example, I know that a very simple search can be had for as little as $250.  Given that a patent application can easily cost most than $5,000 for all but the very simplest of ideas, spending $250 to find that someone else has already published your idea, thereby saving at least $5,000, is a no-brainer.  If Dot is considering investement of $100,000 to start a business, a more thorough $1,000+ search might be well worthwhile.  If you're litigating a patent and looking at a possible liability of $10million or more, spending $500,000 on searching may be a very wise investment (but this is obviously post-filing and involving someone else's patent).  This last point is just to show the range of search costs and the possible motivations.
 
Regards.
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James D. Ivey
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franlorin
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Re: ok where do I start?
« Reply #14 on: Dec 8th, 2005, 9:30am »
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on Dec 7th, 2005, 2:46pm, JimIvey wrote:
Just to be clear, searches are not required by the applicant for a patent.  However, searches before filing are often a good idea.  ...(snip)
 
 
In the case of Dot, it may very well be a good idea to conduct a brief prefiling search.  For example, I know that a very simple search can be had for as little as $250.  ...
 
 If Dot is considering investement of $100,000 to start a business, a more thorough $1,000+ search might be well worthwhile.  If you're litigating a patent and looking at a possible liability of $10million or more, spending $500,000 on searching may be a very wise investment (but this is obviously post-filing and involving someone else's patent).  This last point is just to show the range of search costs and the possible motivations.
 
Regards.

 
I have never heard of a $500k search - I don't really know whether anyone has ever called for such an expense for a patent search at any stage of prosecution - but costs for patentability searches can range generally about $200-500 - and, of course, you can search on your own for no fee if you want to spend the time
 
however, regardless of the manner in which you have the patent search performed, I do agree that a patent attorney will be almost absolutely necessary to assist in determining the legal implications of the search results
 
for example, suppose that a patentability search is performed, Dot, and you decide that you can proceed on your own, and you file a patent application (assuming non-provisional) - then, suppose further that the USPTO actually issues a patent to you, and you begin production - you may still need to be concerned about infringing a previously issued patent
 
in order to avoid this type of problem prior to filing the applicaton, you may decide to have an infringement/clearance/right-to-use search be performed - this would cost roughly $500-2000 - the use of a patent attorney in interpretiing the results of this type of search are far more critical, and it may be argued that requesting an infringement/clearance/right-to-use without an attorney's involvement may be very foolish if not somewhat negligent
 
take care
Fran Lorin www.patent.0catch.com
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Fran Lorin
www.siberkhem.com
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