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open87 01-16-2005 10:45 AM

o/t-- anyone ever apply for a design patent??
 
i have a product to bring to the retail market ,i need to get a patent # and trademark. how much of the pita is this process??? any info is greatly appreciated.

will have a OSO discount for members when products are manufactured. :D

Semper Fi 01-16-2005 10:53 AM

Re: o/t-- anyone ever apply for a design patent??
 
Don't know, be careful of people trying to steal your idea. best of luck to you.

Ron P 01-16-2005 10:55 AM

Re: o/t-- anyone ever apply for a design patent??
 
Design patent or utility patent? Design patents are less expensive and only have to do with the shape of something, not the functionality.

A Utility patent is far more valuable, can take a year or two to get and will cost about 10k once the lawyers get done with you.

Sometimes speed to market is far more important than a patent.

masher44 01-16-2005 11:45 AM

Re: o/t-- anyone ever apply for a design patent??
 
Yup... I have done a design patent and I shopped around... about 10K total from those invention companies and you can do it for about 4 or 5 K from a decent patent attorney. I got about halfway through the process and my EXACT product was patented about 1 month before I was to be done. I would go through a patent attorney. The Invention Companies are not so great. They are interested in "selling" you the 10K packages. They do provide marketing though so it depends on what product you have and what kind of time you have to market it or promote it.

happy hours 01-16-2005 12:14 PM

Re: o/t-- anyone ever apply for a design patent??
 
I also believe you can get a provisional patent for under a grand. It lasts a year and puts it on record. You basically lock it up for a year and it allows to feel out the market. At the end of the year it goes away like it never happened but it sometimes it a good thing to test the marketability of something. You still have to do the official patent. Like everyone said, use a patent attorney the idea places are crap. If you have the ability to make your own sketch's/drawings and write up it will save you $$ as well. Sure the attorney can do it for you, but at his/her rate. I have never actually done it but checked into pretty throughly for an idea I have. I have a good friend that has several and I can get more info from him if you have any specific questions.

dhlaw 01-16-2005 12:23 PM

Re: o/t-- anyone ever apply for a design patent??
 
I just bought the trademark to the name "Apache" from Cashbrain05 for $30..... I thought it was a good deal.

Lofty 01-16-2005 01:00 PM

Re: o/t-- anyone ever apply for a design patent??
 
I've done dozens of patents and Masher is correct. They run about 10-15k. Go get a good patent attorney and have fun. You should do a patent search yourself before you invest any money with a lawyer. Also remember, a patent must still be ENFORCED to be any good to you. Also you might want to look into an international patent as well. This will cost you more money. Most companies do patents because what they are selling is IP (intellectual properties) not an actual product. Many companies sell IP rights to generate income.

open87 01-16-2005 01:19 PM

Re: o/t-- anyone ever apply for a design patent??
 
it's a design patent. i came up with this and told myself that this is one of those "if i'd thought of that" ideas. so i'm going with it. i need to do cad on it so the dimensions will be exact. then i need to have the plug done on a cnc machine. that's really the next steps.

i'm affraid that if i collaborate with others without a patent they will steal the design and concept. it's off the hook!

sooo i need to protect my interest's.

ron p - speed to market - i will need the cad and cnc work done first. then parts manufacture . this is a rather large item for consumers , not a small shelf item that i can bulk manufacture and flood the market. also has the option of upgrade and colors. will have a original (base model) or the luxury / baller model (top of the line). it will be focused on the boat industry , auto enthusiast , industrial , as well as the general public. the luxury/ baller will be targeted to the hp boater to musical performers, etc where the $$$ is no concern - the " i gotta have it market ".


mneal - the provisional patent , i didn't see that on the web site. will it take more than a year to patent and trademark? while i have the provisional patent? is this the term for "patent pending?" i'm not going to go to a "idea" place. the item will sell itself, but once it's on the market ,someone will try and copy , hence why i need to cover my arse and get the patent .

i know that when i release this to the public people will say " why didn't i think of that" i will be able to say "i did". this is big .

open87 01-16-2005 01:28 PM

Re: o/t-- anyone ever apply for a design patent??
 
lofty - what do you mean by "enforced" ? the patent office ? and for international patent , where would i look for that ? how do the selling of IP's work? this is someting that could only come from my brain storming , i fell very confident that this is the first idea that has not been built , or thought of. i have searched hi and low on the www and can't find anything that even comes close to this design. it's "new".

boostbros 01-16-2005 02:03 PM

Re: o/t-- anyone ever apply for a design patent??
 
Enforced means you have to take the offender to court and prove its your patent large companys can squash the little guy this way as it can take many years and lots of bling to prove..... most little guys give up or run out of money.......and before you get to excited you would be amazed at how many things have been patented and are not produced often many years before your idea! good luck....a patent here in the usa does not stop someone from overseas from producing it!

happy hours 01-16-2005 02:35 PM

Re: o/t-- anyone ever apply for a design patent??
 
It is different from "patent pending". You still have to pony up the big bucks to file a patent if the idea is something you want to pursue.If you doa google search for provisional patent you will find lots of good info. It is also called provisional application. If you are 10k sure the idea will fly then I wouldn't bother, just do the real deal now. I am a mechanical engineer and use MCAD everyday and if I can help you out let me know. Since you don't know me and I see your are concerned about the concept getting stolen, I will sign a non disclosure if that helps alleviate any concern.

rouxsterre 01-16-2005 02:51 PM

Re: o/t-- anyone ever apply for a design patent??
 
Tell us what it is, what it does, and how it works. It would also help if you could post any preliminary drawings, specs, etc.

Lofty 01-16-2005 03:09 PM

Re: o/t-- anyone ever apply for a design patent??
 
If you haven't been here; http://www.uspto.gov/

Then you need to now. An international patent is a completely separate process. Someone else can easily build or copy your design and are not restricted just because you hold a US patent.

The US patent office will NOT enforce a US patent. They are just record keepers not police. Therein lies the problem, you need to KNOW if someone is copying your design and you must SHOW A LOSS. This means that someone can copy your patented design and use it as long as it does not cause a loss to you. Understand? Patents are widely misunderstood as offering a designer protection against copying ones design. They do not.

The other problem with patents is that your design becomes a matter of public domain. It will be published for everyone to see. This makes it possible for someone to come in and take your design, re-design the idea and remove your "novel and patented" idea out of it. Many companies such as 3M, don't ever patent anything, they just keep there processes very very secret.

My advice to you is to quietly build your widget, market it and make as much as you can as quickly as possible before someone steals your design.

Wasabe 01-16-2005 03:17 PM

Re: o/t-- anyone ever apply for a design patent??
 

Originally Posted by open72
i have a product to bring to the retail market ,i need to get a patent # and trademark. how much of the pita is this process??? any info is greatly appreciated.

will have a OSO discount for members when products are manufactured. :D


You have a PM

open87 01-16-2005 03:38 PM

Re: o/t-- anyone ever apply for a design patent??
 
lofty , ya bringing me down bro. what i am reading could very well happen. i'm sure that it would be real easy for a large company to buy 1 and steal it. oh man , it's really A kick a$$ item. i wolud hope to market it "made in usa ". i don't know if someone stealing the design would want to take the luxury / baller model because each one is built or optioned to the customers specs - color , material ,"bling" options , corporate logo , player#'s, school names , etc now the original would be easy to splash , as it would have generic color and features. i got a tough decsion to make .

thanks all , and i will keep those who offered help in mind. man , the power of OSO.

open87 01-16-2005 03:45 PM

Re: o/t-- anyone ever apply for a design patent??
 

Originally Posted by rouxsterre
Tell us what it is, what it does, and how it works. It would also help if you could post any preliminary drawings, specs, etc.


it's a set of hydryualic lifters , lifetime warrenty , can operate at 6250 rpms for hours at a time , on pump gas with 10 lbs of boost !


































not!! :D :D

Ron P 01-16-2005 06:54 PM

Re: o/t-- anyone ever apply for a design patent??
 
One thing for sure, just because it's patented, doesn't mean it's buildable or will work. It's just theory and some drawings.

open87 01-16-2005 07:49 PM

Re: o/t-- anyone ever apply for a design patent??
 

Originally Posted by Ron P
One thing for sure, just because it's patented, doesn't mean it's buildable or will work. It's just theory and some drawings.


it is buildable and will sell , it would work great for you and photography , and could be personalized with your own design. the patent would be to protect it ( or i thought it would ) i have seen way to much splashing of other components in the aftermarket automotive parts and that is what i don't like . i thought a patent would protect it but that seems not to be the case. :(

Pantera1 01-16-2005 08:22 PM

Re: o/t-- anyone ever apply for a design patent??
 
I say just start pumping them out ..

jbrauer 01-16-2005 09:12 PM

Re: o/t-- anyone ever apply for a design patent??
 
Here's a link to a patent that I've been awarded for a gun lock. I've got two others "in process" now for the same invention that provide additional protections. It's all been done through a very good "Intellectual Property" firm. Believe me , there are strategies to patent law and you defintiely want the help a professional if you're serious.

Link to My Patent on USPTO Site

Below is a link to the website I've put together for the invention covered by the patent. I'm currently trying to generate some interest for a licensing agreement. I'm going to be exhibiting the prototype at the "Shot Show" in Las Vegas in a couple weeks.

www.tac-lock.com

Regarding invention promoters - BE CAREFUL!!! I agree that most just want is to sell you their "package" with very little hope of ever making the $$$ back. I'm handling the promotion of mine myself until someone can show me a better way. I've invested about $30,000 so far in patenting and protoype development. If it sells great. If it doesn't, it's no more than I'd lose on the first year of depreciation for a new a new Nortech, Skater, Cigarette, Formula, Baja, (insert name of your favorite boat here), etc!!! :evilb:

It still needs to be refined and improved to be made market ready. If anyone has any connections to help get my invention to the market let me know. I'm all ears!

Sorry for boring you guys with my "quest"...

Jeff


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