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[Samantha K. Aungst]

My friend and I have a lot of great ideas.  They are easy to manufacture and seem like things that companies would want to produce to expand business.  We are trying to figure out where to start without getting taken advantage of or swindled.  We need money to start everything also.  Please help us get started. Any advice would be helpful.  

[M. Arthur Auslander]

Dear Samantha K. Aungst,

Our Reality Check® was designed to save people like you time, money and worry.

You can spend a fortune, get a patent and then be stuck. I can't guarantee that you will make money but I certainly can see in many instance where all you can do is send with little chance of ANY reward.

[Samantha K. Aungst]

Thank you for responding.  I appreciate any help.  What does the Reality Check entail and how are my ideas protected in this initial phase?  I was also curious if anyone knew of a good way to get a grant or what a person's chances are to be awarded one.  Thank you for taking the time to help!

[JimIvey]

With respect to initial phase protection, people typically start with trade secret protection.  You keep your idea secret and only tell people who sign an agreement promising to keep your secret -- those are called NDAs or CDAs: Non-Disclosure Agreements and Confidential Disclosure Agreement (those are synonyms).

During the pendency of your patent application, you can still be protected by trade secret until your patent application is published or your patent issues, whichever happens earlier.  However, it's pretty hard to keep the secret while trying to market it.

In addition, there are reasons not to wait too long before filing your patent application.

As to what the odds are for ultimately getting a patent, they're pretty good assuming you're reasonably certain no one else has done the same thing before.  However, the odds are appreciable that the value of what you get might not be worth the effort -- for example, you might only get a very narrow description of your patent right (a very narrow claim) that has little value in the marketplace.  Some companies in the process of building a substantial portfolio won't mind if a few are narrow, but people for whom the value of each patent matters might decide not to spend much on a patent application of limited value.

The decision as to whether it's worthwhile to proceed with a particular application is strictly a business decision -- a weighing of the potential benefits of the patent (weighted by the probability of actually acquiring it) vs. the potential costs in getting the patent (in terms of time and money).  No attorney can do that for you, unless they have specific experience in your particular business as a businessperson (not merely an attorney advising business people in your market).  Valuation of property assets and evaluation of potential markets are strictly business things, not legal.  However, what an attorney can do is help you assess the potential coverage, probability of success, and estimated cost to get the patent.  Somebody else will have to supply the other parameters of the cost-benefit analysis.

I hope that helps.

Regards.

[M. Arthur Auslander]

Dear Samantha K. Aungst,

The Reality Check® is a review of the fact and the law and how they apply to the invention. Ideas are protected by legal confidentiality. If the law and facts look good, the next step is a patent search.

Law and facts are applied to the search results. The interest and reality of the inventor are foremost. Even where a disclosure looks patentable, the realities of the situation may suggest alterntives, including no patent application or a trade secret.

[samantha]

Thank you for all of your help.  I was also wondering if you could patent a different use for an existing product.  The product would need a little tweeking, but it would pretty much be the same.  

[samantha]

I am curious if any of you know of any individuals or companies that help new inventors get started.  I have no money but I know the ideas will sell.  I don't trust those invention submission companies.  Please guide me in the right direction.  Thanks

[JimIvey]

This particular forum is about patents -- and that's only one part of the entire puzzle of capitalizing on a new and clever idea.  Other possible pieces of the puzzle include market research, trademarks, licensing, sales (including sales picthes of your idea to potential licensees), and soliciting and taking investments.

One place for you to hang out with other independent inventors is a mail list you'll find at http://inventored.org/.  I have to warn you, however.  The list is dominated by a few bullies.  There are many supportive and helpful people there, but their voices are pretty well drowned out by 2 or 3 "loud" posters.  To me, that fact detracts significantly from the value of the list.  I've demoted myself to lurker status there and we'll see how long I stay.  But you may connect with one or two who you find helpful.

There's another guy, Stephen Keys.  He seems to be doing a speaker circuit here in the SF Bay Area.  He gives a good presentation on his inventions and how he capitalizes on them.  I don't have his site handy, but I'm sure he's on Google or Yahoo!.  He might be "Stephen Key".

Good luck!

[M_Arthur_Auslander]

Dear Samantha,

It is possible that different uses can be patented. Just finding something that is patentable doesn't mean much unless YOU can use it or it is unavoidably patentable.

Even then there is no assurance that it will or can be bought from you.

The way to start is to do it yourself, if you can, the chances of being able to sell an idea are not good. You can spend a fortune in legal fees trying and not get anywhere that is why I have the Reality Check®

Most of the companies that I am aware of and even some attorneys will get their fees but that does not put money in your pocket.

From what I see on the board you could trust Mr. Ivey.

[Samantha]

Thank you all so much.  It has been a struggle to find reliable information.  I really appreciate all of you taking the time to share your expertise.  You have no idea how much it helps.  I felt like no one cared or wanted to help because they had nothing to gain from it.  That website, inventored.org, is very helpful.  Thank you!  

[JimIvey]

I glad the site and our participation was helpful.  Tell you colleagues and click on some of the ads at the top to help the site out.  And be sure to tip your waiter!  ;-)

However, do your own research on the advertisers before using them.  Buyer beware!

Best regards....