Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[Cocolroo]

Ive now filed a patent on my product and I'm now faced with the decision to produce or manufacture it myself
(which would not be much out of pocket),or approach a company with the capital that can take it and saturate the market.
Its actually a fairly easy product to make so even though I may have a patent on it im a ltttle worried about being slow to
the market before a possible larger company gets around it and runs with somethin similar.
But I didnt know if having some sales under my belt(plus making a liitle money along the way) before approaching a larger company with it would give it more credibility and appeal to the company.
Would appreciate some advice.
Thanks

[Cocolroo]

"It would seem, that if your patent was prepared properly, then it would take in to account, about obvious ways around your product, and have that written in to your literature, blocking this from happening.  Just  a Thought "
Thanks for the response
What do you mean by written in the literature and blocking this from happening.
Do you mean the literature being the patent?
Or the literature being the agreement between myself and the potentail licensor.

[MYK]

You've filed an APPLICATION, not "a patent".  You might get a patent in a few years, or you might not.

[DogDayPM 9er9er9er]

But I didnt know if having some sales under my belt(plus making a liitle money along the way) before approaching a larger company with it would give it more credibility and appeal to the company.

I have no direct experience in start-up products, but it would seem to me that the answer depends on how the larger company sees the product in terms of how quickly and easily they believe it will gain market acceptance.  If they have doubts that the product will really be a big seller, then if you come in with proof of a sales history that would seem to help.  On the other hand, if you think they'd recognize its market potential right away, they don't need that proof from you.

[Cocolroo]

You've filed an APPLICATION, not "a patent".  You might get a patent in a few years, or you might not.

I understand that.
Judging from how many "patent pendings"I see out there it doesnt seem like most wait for their patent before
they begin manufacturing or marketing.Should I be?

[MYK]

You've filed an APPLICATION, not "a patent".  You might get a patent in a few years, or you might not.

I understand that.
Judging from how many "patent pendings"I see out there it doesnt seem like most wait for their patent before
they begin manufacturing or marketing.Should I be?

Not necessarily.  Your call, depends on too many things to list.

There are quite a few people out there who don't understand what filing an application actually means.  They believe it gives them protection immediately, and then are shocked to learn that it doesn't.  The way that you phrased your original post -- "Ive now filed a patent" -- led me to believe you were one of them.

(Some of them are even more shocked when they talk to a manufacturer, and he says something along the lines of "Great idea!  Sue me if you ever get a patent out of it!  Not that you'll get a cent, since I can easily design around what you filed!")

[Cocolroo]

So are you saying then that some manufacturers may bank on you may never get that patent
and so there is a greater risk compared to if you have one.
Although if you do in fact have the patent  they can still try to go around it....
but mabey less likely then if you dont?

[fb]

... and add to this the fact that you may never get your patent, even after paying and waiting 3 to 5 years.

[74spider]

Hi Cocolroo,

Firstly, well done on your application.  What stage is it at ? Search or substantive examination ?  The search was carried out very quickly but the examination on my UK application is likely to take 3 years !!!

Despite having an application underway, I have been advised by the UK IPO to operate under confidentiality agreements when talking to potential partners.  This is because applications are published 18 months after the application date, and after publication it is easier to enforce your patent, should it eventually be granted.

I would ensure that you have application to cover you in the regions that have the biggest potential market for your invention i.e. US or Japan.  This is where I am currently at with my application.

To answer your question, if a prototype is easy to make it would be worhtwhile having something to show investors, but operate under a confidentiality agreement.  If they're serious, they won't mind.  Conversely, I have heard a patent expert saying not to worry too much about a prototype and just take a 'sell sheet' to potential partners, listing the benefits to them.  If they're already operating in the relevant market, they'll know how easy your invention will be to make and whether it will do what you claim.  This guy claimed to visit a toy company with an idea, and then receive a contract 3 days later. He hadn't even applied for a patent at the time so they could have just walked off with the idea !!! Makes a nice story even if not true.

In short, keep yourself protected above all else.  Keep us posted too !

Best of luck,

Paul.

[dtpater]

If you can build relationships with Manufactures like in the below e-mail, then the Patent and tooling issue is on the manufacture,like below for a new product, many Inventor's get to focused on their returns and profit, forgetting about the true heart of business, the real relationships between the Inventor and Manufacture's for example, well this is how I do it in Asia, old school ways with the new school technology, I changed the names below.

This project below has the Level of Interest required, and this needs to follow through with Importers/Distributors Retail Stores and the end user of course.

Darren,
 
I have asked Jenny to prepare the draft of contract to discuss with me tomorrow morning as I am travelling in Shanghai and going back to Taiwan today.
Product people are studying drawing now.
Thank you.
Andrew

Leading to a working relationship at the pre Patent and tooling stage:

Manufactures have a better understanding than most Inventors what is required to get into the market place, they know the true realities!

Help from a Good Friend Below!

“This the right time and the most important time for the Inventor and the Patent attorney to sit down and organize the Patents to be applied and the reason why half of Asian Manufactures prefer a clean skin Invention (That’s with no Patents), this gives them control on how the Patents are written and applied..’

Very good, Derek.
There is a clear difference between a patent written around an invention, and one written around a developed designed , market-ready ,invention based product.
Something about it giving companies a more focused defense strategy.
You can see the sense of a ‘clean skin’ policy, offering designed, invention-based products, using NDA’s ,and then the patent being written around the finished commercial product, enabling companies to effectively plan around the patent.
Patenting then is at its most effective, and written within the context of market realities and optimum defense.
It makes compelling sense.

 

[313230]

Hi dtpater,

You said that companies likes to patent it themselves, then does the inventor need to file provisional patent or just take the invention to the manufactures then trust them and let they do the rest without a provisional patent?

Regards

[dtpater]

Here is my example:

http://www.freepatentsonline.com/7739806.pdf