Does anyone have experience applying for a patent?

[CMartis]

I've got an idea I've been working on and I think I'm about ready to apply for a patent. I would rather not blow a bunch of money hiring a lawyer for something that may go no where like a lot of things like this do. I've been doing research on the patent process and I feel I can do it on my own. If anyone has been through this process and could give me some pointers it would be greatly appreciated. Thanks!

[jsgolfer]

I have a good friend who is a patent examiner (mechanical engineer) but that is about as much as I know. ?

[David in FL]

Talk to a patent attorney.  

If it's worth doing, it's worth doing right.

[wannabe]

I write from direct experience, but not from a legal standpoint.

First things first: the one year rule.  If you have shared your idea publicly in any way, attempted to sell to potential customers, published the idea, written about it on social media, etc., you have one year from the first date you shared the idea to the date you postmark/submit online your patent application.

There are two basic types of patents - design and utility.  Design is concerning physicality, utility is concerning function.

I'm assuming your idea is a physical product.  Patents can be written for processes, software, etc., and they may require special consideration.

Before wading into writing the patent, I'd recommend you do your best to have created a working prototype and tested it in as live a situation as possible to ensure its viability.

An easy place to start if you're serious about writing your own patent application is to buy one or more of the books put out by http://www.nolo.com/.  Reading through those will give you a sense of what you're up against.

The other bit of research you can do to help you understand what it would take to write a patent is to go to the uspto website and follow the instructions for performing your own patent search to see if the idea you have doesn't already exist.  Many times you'll find that something similar enough has already been patented.  In addition, being able to teach yourself how to do a patent search using the uspto website is a feat unto itself not for the faint of heart.  Being able to do it properly gives you an idea of your ability to wade into the environment that is the world of patenting.  Lastly, viewing already issued patents for products similar to the one you've designed is a great way to get a sense for what you're going to need to write.  The format and language used can be quite unique and is something you should be willing to learn how to both read and create.

The uspto is a great website, and the online patent search is actually really fun to use once you figure it out.  You can view everything patented, and it's fascinating.  It's quite a gift to be living in the internet age.

Some points for you to consider, that you may or may not already know:

• A patent is not necessary to sell a product.  Most products on the market that are for sale are not patented, and most patents granted do not lead to products sold.
• Writing your own patent will cost you multiple hundreds of dollars for filing the application and several months of dedicated effort to complete.
• You will need to create technical drawings and associated lengthy technical descriptions.  Engineering or similar technical background, and/or legalese familiarity are highly recommended.

It can be done, but it is a serious effort for even highly functional and technically skilled individuals, and may not lead to any payback, either in having the application approved, or receiving millions in royalties.

Have fun.

 

[CMartis]

@wannabe I am looking to obtain a utility patent. My idea is a tool for scissor lifts, the aerial work platforms. I have a degree in Electrical Control Systems and have worked in an industrial manufacturing plant that is state of the art in robotics and automation for 8 years as of now. I've had years of experience with scissor lifts. There are no tools that I can find anywhere online that are designed to perform the required task, that has to be done daily on these lifts, in a safe manner. My idea is so simple that I can't believe it doesn't exist. I guess I'll find out when they do their patent search. I'm building a prototype this weekend. I also have access to lifts to take pictures showing the prototype in use. I spent all 4 years in high school drafting and I have access to AutoCad at work so the drawings will be top notch considering the simplicity of the design. I've read what feels like half of the US Patent office website and browsed numerous example patent applications. Bottom line is I feel really good about this. In this day, industry is really big on safety and it would be awesome to invent something that could be possible required by OSHA one day. Thanks for all the suggestions. Affirms to me that I'm on the right track. I appreciate it.        

Edited May 26, 2017 by CMartis
Addition

[wannabe]

Great to hear @CMartis, sounds like you're up for the task.

Since you mentioned your experience in relation to the idea, it seems your workplace may have been the genesis for the idea.  As such, you should check your company's employee agreement and/or legal department to check the rules for ownership of intellectual property related to the workplace.  Some companies are stricter than others about what is or isn't owned by them or owned by the employee.  Even if the idea doesn't directly pertain to the company's core products, if you use company time or equipment in the design of the product/prototyping, they could claim ownership.

Food for thought.

[boogielicious]

12 hours ago, CMartis said:

I've got an idea I've been working on and I think I'm about ready to apply for a patent. I would rather not blow a bunch of money hiring a lawyer for something that may go no where like a lot of things like this do. I've been doing research on the patent process and I feel I can do it on my own. If anyone has been through this process and could give me some pointers it would be greatly appreciated. Thanks!

 

11 hours ago, David in FL said:

Talk to a patent attorney.  

If it's worth doing, it's worth doing right.

I agree with David. I have 3 patents and my company has done the leg work. There is a lot of prior art searches, etc., that you can do yourself, but the search engine at the patent office is complicated. If you really think this is a great idea, do it right.

[CMartis]

I have an uncle that is an attorney. I'm going to have him look my application over before I submit. I don't want to be arrogant, but as much as I may seem like a dumbass. I do have a pretty good head on my shoulders. I think.. oh shit...

[CMartis]

17 hours ago, wannabe said:

Great to hear @CMartis, sounds like you're up for the task.

Since you mentioned your experience in relation to the idea, it seems your workplace may have been the genesis for the idea.  As such, you should check your company's employee agreement and/or legal department to check the rules for ownership of intellectual property related to the workplace.  Some companies are stricter than others about what is or isn't owned by them or owned by the employee.  Even if the idea doesn't directly pertain to the company's core products, if you use company time or equipment in the design of the product/prototyping, they could claim ownership.

Food for thought.

Good point. I thought about using one of the lifts at my place of employment for patent demonstration pictures. I will definitely rent a lift for that purpose instead after the points you made. I'll also contact my drafting teacher and do my drawings through him as well. We have been in contact recently and I'm sure he would not mind helping me out. Thanks a lot man.    

[wannabe]

15 minutes ago, CMartis said:

Good point. I thought about using one of the lifts at my place of employment for patent demonstration pictures. I will definitely rent a lift for that purpose instead after the points you made. I'll also contact my drafting teacher and do my drawings through him as well. We have been in contact recently and I'm sure he would not mind helping me out. Thanks a lot man.    

Glad to help.