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Author Topic: I have an Idea & need some help with starting  (Read 1537 times)
angelajl1031
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« on: 07-29-09 at 08:34 pm »

Ok, well I have a great Idea but my issue it that I have tried contacting a few patent agencies online. I have subbmitted my idea but they write me back saying unfortunatly my idea doesnt fit their criteria. I feel they are looking for an actual product right now.  Well unforntunatly I dont have a product right now because I dont want to start talking with too many people about this because of the fact of them taking my idea so I want to know how to patent my IDEA without the product right now! I was told to try writing down a full desription of my idea and how I want it to work and so on and then get it notorized then put it in the mail and mail it to myself with a post marked date but to not open the envelope!  I want to start working on this but it is a project that Im going to have multiple people involved including possible big people from the entertainment buisness so thats why I want to protect my self!! Any ideas on how to go about this or is it impossible to patent just an idea? Should I contact a patent lawyer? IS this situation I am in known as a provisional patent?

So Pretty much my best bet is to contact a patent attorney?? Basically my idea involves creating a video of some sort and I was given a suggestion by another person to find a film student so they will help me make this video either cheap or free to at least get a rough draft of it if someone needs to see a actual product and then just have the people I have involved in this project sign an aggreement to where thay cant say anything about this idea.

I was also given another suggestion that I dont neccesarily need to get the idea patent but start working on this project and then get my name and the project copyrighted and/or trademarked?  I am going to have to buy rights to a certain persons music and was thinking to ask them (production company) but thats why I wanted to get something down that this idea would not get taken from me!

I was also intructed to looking on the Attorney General website and/or the Secretary the State for more advice and least what I can do legally!

Are these some good places to start? Please let me know or of anybody else has some great suggestions as well!!
« Last Edit: 07-30-09 at 11:02 pm by angelajl1031 » Logged
doug vagedes
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« Reply #1 on: 07-30-09 at 01:33 pm »

I do not practice law, but I'm sure those who do will respond to your questions.

I do know that you do not need an actual product to file a patent.  A concept, drawings or the like will give the attorney enough.  Although, building a prototype will allow you to find faults in your design and to test your idea.

Mailing a letter to yourself is worthless.

If you feel your idea is worth the risk, contact a patent attorney to discuss.  Most will consult a first visit for free and would be more than happy to offer some free advice.

Best of success, Doug
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angelajl1031
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« Reply #2 on: 07-30-09 at 11:00 pm »

Hey Doug! Thanks for taking the time to respond to my question!!

So Pretty much my best bet is to contact a patent attorney?? Basically my idea involves creating a video of some sort and I was given a suggestion by another person to find a film student so they will help me make this video either cheap or free to at least get a rough draft of it if someone needs to see a actual product and then just have the people I have involved in this project sign an aggreement to where thay cant say anything about this idea.

I was also given another suggestion that I dont neccesarily need to get the idea patent but start working on this project and then get my name and the project copyrighted and/or trademarked?  I am going to have to buy rights to a certain persons music and was thinking to ask them (production company) but thats why I wanted to get something down that this idea would not get taken from me!

I was also intructed to looking on the Attorney General website and/or the Secretary the State for more advice and least what I can do legally!

Are these some good places to start? Please let me know or of anybody else has some great suggestions as well!!
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Wiscagent
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« Reply #3 on: 07-31-09 at 06:27 am »

Contacting a patent attorney is a good idea.

I also suggest that you work on a business plan.  How much income can you realistically expect from your idea?  How much time and money would be required to get your business up and running?  Does your idea require advertizing, or travel?  Is expensive equipment required?  Is a staff or consultant required?  How much money do you have to invest, i.e. risk, on this project?  Is there currently any competition, and (if you are successful) how easy would it be for someone else to compete?

Consider those kinds of questions and do some rough estimates of the finances of the business.  Starting a business plan can help you identify "holes" in the plan, area where you need more information or help.  I suggest getting started on the business plan before you even contact the attorney.  That way you will have an estimate of what legal costs you can afford.
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Richard Tanzer
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« Reply #4 on: 07-31-09 at 10:59 pm »

Quote
I was also given another suggestion that I dont neccesarily need to get the idea patent but start working on this project and then get my name and the project copyrighted and/or trademarked?

You had mentioned that your idea involved creating a video?  Do seek to understand the difference between patent law, trademark law, and copyright law.

Utility patents protect ideas.  Technically, they protect the "utilitarian" products/services that result from relevant ideas...utilitarian meaning the product does something other than, say, looking pretty (or the service/method has an actual purpose other than to look pretty).  Meaningful patent protection isn't necessarily cheap. 

Design patents protect the ornamental, non-functioning design of otherwise utilitarian products...i.e. the shape of a video camera (as long as the shape of that camera does not affect the camera's function).  They are cheaper than utility patents but do not provide the same sort of protection.

Copyrights protect against the copying of sufficiently creative works of art and such - like literature, music, video presentations, etcetera.  It tends to be automatic, but registration is often both recommended and affordable.

Trademarks protect branding - they protect names/logos/etc from being copied by the competition or used by the competition to mislead consumers. 

Lastly, when all is said and done, all of this stuff - patents, trademarks, copyrights, are just things that affect marketing and marketability.  Note that, along with Richard's advice.
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angelajl1031
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« Reply #5 on: 07-31-09 at 11:18 pm »

I appreciate you informing me of the differences between the 3 different laws! So should I start more with copyrighting my product with the unique idea I have? Then getting the name/s and logos of how I want it be advertised and used on the product and so on to have that ready in my "Buisness Plan" for the patent lawyer so that at least that is protected then go into the process of patenting the idea while I am trying to work on the project?

Also, the video is going to require me to use a celebrity's name so I am going to have to buy rights to the music and name! Do I contact them directly or as directly as I can? I would assume that I cant copyright or trademark anything to that matter before I buy the rights or can I use it (copyright and trademark) but then when ready to sell and make a profit is when I would go to them and buy the rights?
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saviop
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« Reply #6 on: 08-04-09 at 03:44 am »

Hi There,

This is a mistake that most inventors make, they focus too much on patenting.
What you should be focused about is how to get basic protection in place, then test product viability in the market and if there is interest.

I am a licensing agent and help people like you commercialize new inventions.
If you want to know more email me on saviopb@gmail.com.
I charge only if I am able to license your product to companies.
i:e if you dont make money I dont ask for money.

Cheers
Savio
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Ross Jovi
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« Reply #7 on: 11-23-09 at 07:07 am »

Hey,
If you have a search on the internet there are companies that specialise in helping take your idea from your rough sketch to a full visualisation and possible model. They will also put you in contact with attorneys that they have links with and therefore trust. Duno if this is anything that would help. Also make sure everyone that you talk to about your ideas fill in an NDA.



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