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[Harry]

Hi all,

I have an idea that I developed with respect to panels for interior walls and ceilings of enclosed structures.  Basically the product insulates very efficiently, absorbes sound and can be impregnated with a fire retardant very easily.  The product is lightweight, rigid and is under 4 lbs for a 4' x 8' x 1/2 " sheets, and and costs around 15 dollars a square foot to manufacture.  Currently the panels in the market don't have the performance/qualities and cost anywhere from 50 - 60 dollars retail.

A general search of the materials and performance combinations has come up empty in the patent database.

How can I sell the idea as I am not too interested in patenting the product myself?

Any help would be appreciated

Regards

Harry

[Harry]

Oops... that was supposed to be 15 cents a sq ft to manufacture.....and 50-60 cents a sq ft retail.... sorry about that folks.  It makes a heck of a difference.

[TataBox]

Make sure you have a Non-Disclosure Agreement in place with those you discuss the invention with.  Attorneys are bound by the Duty of Confidentiality, so generally, no NDA really needed there.

[Bill Richards]

Attorneys are bound by the Duty of Confidentiality, so generally, no NDA really needed there.

This is correct, but I want to add one caveat.  This is true as long as one is speaking with someone "as an attorney".  If you happen to be talking with someone who just happens to be an attorney (e.g., neighbor) and whom you've not approached as an attorney, the attorney-client privilege may not attach.  It may vary slightly by state.  Anyone licensed to practice before the PTO is also covered, but there are some subtle differences.  And, I don't know what case law there may be about agents.  (See 37 CFR 10.57.)

[Hear Hear]

well you dont have much choice. Generally the only way you can sell it is 2 means


1) File a provisional patent - this will cost you $80. And allows you to disclose your ideas to third parties at a minimized risk, test your market, really understand your market. (ie if manufactures are excited about your ideas)

You also have 1 year to build a pro-type and can outsource it to third parties at minimal risk.

If there is a market, a willing manufacture, financials are good. Patent it. Else either refile another provisional after 1 year OR pretend you never filled it and move along.

2) Approach manufactures in the same market. Pick one or a few and hope they will act professionally.. and not steal your idea.

[Jonathan]

1) File a provisional patent - this will cost you $80.

The fee to file a provisional patent application for a small entity is now $100.

[Harry]

Hi all,

Thank you all so much for your valued input.  I have been encouraged by your words of experience and wisdom.  I made a prototype the other day that I need to complete with the additional materials.... needless to say I was "ecstatic" and somewhat suprised with the integrity of the panel without any materials added to it yet to strengthen it. When I finished the panel in it's "raw" state, I showed it to my biggest critic, and she smiled from ear to ear... and said that "this is the one".   I am anticipating that I will be able to stand on the Panel and not "break" it once I add the other materials to it... we will see.  Hey who know's, maybe I will attempt to replace the 2" x 4" as well... well maybe another day.

I will keep you posted.  Once again thank you for your input.

Regards

Harry

[Harry]

Just a brief update...  I was researching a natural fire retardant that was not on the market yest and accidentally came across one while working on another project.  That will make the new panel 100% natural, with no chemical additives.

I will filing a provisional in the near future.

Regards

Harry

[NJ Skar]

Hi Harry,

I was reading this string and had a few comments of my own to add.  First, I find that a typical patent search costs between $300-500 and does a pretty good job for determining whether there is something worth pursuing.  You can tell from this preliminary search whether the differences between your invention and other patented inventions are sufficient to make yours patentable.  You can read a lot about the considerations used in determining novelty and nonobviousness at the patent office (uspto) website.  But to figure out how valuable your invention is (how different it is from the prior art in a commercially viable and successful manner), you may well need a patentability opinion which will cost another $1k-1.5k.  

You don't need to file any kind of patent application to market your invention to businessmen or existing businesses in the hopes of licensing or selling it to them.  But you should establish the invention date (by a detailed description and drawing dated and signed by the you as the inventor and perhaps even mailed to yourself).  You should also use and NDA or confidentiality agreement whenever you talk to others about it.   The risk you run by marketing your invention without filing an application is that someone else may independently have the idea and then file on it first.  Also, you run the risk of it becoming publicly disclosed which begins a one year grace period, within which you should file a non-provisional application (even shorter periods in foreign countries)  

Myself, I advise against filing a provisional patent application for two reason.  First it has little benefit and probably none to a smart businessman.  It does protect you from an independent filing as described above, but filing a provisional also starts the one year grace period.  If you don't file a non-provisional within one year, then you and your businessman will lose the ability to seek protection in foreign countries.  From my experience, I think it is hard to produce and market prototypes, negotiate and enter into a satisfactory agreement, and have the application prepared and filed all within one year.  

Second, doing a search and filing a non-provisional application has important implications in a business relationship.  Your businessman will want to know that the idea is protectable (in a commercially successful manner) before investing.  He will likely think that if you haven't done the search or filing, then you are not confident and serious about it.  Even if you are able to convince the businessman that the invention has great value, the question then becomes who should pay for and take the risk of the upfront costs?  If you want him to pay for the patent process, then you will end up losing a lot of the value just to save the upfront costs (through an equity assignment or good deal terms).  Thus, if you really believe the invention is valuable after having a search done, then you should perhaps begin the full patent process to give you more leverage in negotiating a business deal.  And keep in mind that a serious investor can always pay for the upfront costs at a later date.  

Anyway, I wish you good luck!

Nick Skarlatos
Law Office of Nicholas Skarlatos
(732) 560 - 5980
njslawoffice @ yahoo . com

[Wiscagent]

While I generally agree with what Nick Skarlatos wrote, I do have an issue with one particular passage.  He wrote

  “... filing a provisional also starts the one year grace period.
   If you don't file a non-provisional within one year, then you
   and your businessman will lose the ability to seek protection
   in foreign countries.”

I would qualify that statement.  Consider an inventor who files a first provisional patent application on January 7, 2007, and does NOT publicly disclose the invention.  Then on December 1, 2007 the inventor realizes that there is no way he will able to file a regular application by January 7, 2008.  The inventor can simply allow the January 7, 2007 provisional to go abandoned.  The only negative impact would be that the inventor loses the early priority date.  Even after January 7, 2008 the inventor is free to file a new provisional or non-provisional application that does NOT claim priority to the first application.