Forums: Discussions for entrepreneurs and small business.

I`ve been trying to do my own patent search on an idea that I have. I am not sure how to word the search, or how to find similar items in the archives.

I have done market research by searching the Internet and Super stores. I haven`t found anything like my idea, which really surprises me since it`s a simple idea and not very complicated. Is this enough research, how long should I continue?

I don`t have the funds for an attorney at this time and would like to do the ground work myself.

Thanks for any help you might be able to offer me,

Jen

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http://www.homeberries.com.com
Motivate Kindness

You can go to the USPTO website, and do a quick patent search by putting in words.  Just use any combination you can think of.  But keep in mind, even if there are ideas like yours that have been patented, your idea may still be patentable.  The language of patents can be tough to understand, and you will eventually have to hire an attorney to do a complete search.  

How much does a patent attorney usually cost? I know the inital visit is sometimes free, but I want to know what it will cost to finish the job.

 

Thanks,

Jen

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http://www.homeberries.com.com
Motivate Kindness

Jen,

Thanks Kate,

The problem I have with searches is I don`t really know what to call my product. It doesn`t have an obvious name. How do you find key words when you don`t even know what to call it??

Also, after reading all of this it might not be something I can pursue right now with the costs. "sigh" Maybe it`ll just have to go on the back burner until I am able to raise enough capital.

Thanks for your help,

Jen

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http://www.homeberries.com.com
Motivate Kindness

I must have had a brain dead moment. My husband just came in the room and reminded me that one of my old friends just happens to be married to a patent attorney. DUH!

I don`t want to abuse the relationship, but he did give me a head start. One of the best tips I have to share is Google has it`s own patent search engine. It`s fabulous for the beginner.

Jen

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http://www.homeberries.com.com
Motivate Kindness

If you are just starting out, I would file a `Provisional Patent.`  It only costs $105 and you can fill out the forms yourself.  It allows you to obtain the "patent pending" status on your idea for 12 months.  It allows you time to approach others and see if your idea is marketable.  It also allows you to share your idea without having to worry about everyone you talk to signing a non-discolure agreement.  In that 12 month window, you have to file for the non-provisional patent or else you basically loose rights to file for a patent and the idea is fair game to the public.

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Joshua Maluchnik
BamaWise, LLC | BabyWise Organics
www.babywiseorganics.com

Not true.  The idea may remain a secret.  PPA gets you the "priority day" which may not be worth much at all.

Wannabe inventors must be realistic.  Most ideas are not worth the piece of paper they`re printed on.

In USA, "first to invent" rule still applies.  So have your invention witnessed.  That may be more important than a PPA.


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I agree with Innovator7,

My invention may not be worth anything in the end, I like it but, hey whose to say the general public will? That is why I don`t want to blow a ton of money on attorney fees and such. SO I will do the foot work myself.

My patent attorney friend did advise me to get a provisional patent first, especially if I already had some buyers in mind. I think it`s worth the small investment and a good place to start.

Jen

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http://www.homeberries.com.com
Motivate Kindness

save the $105.  If you write the patent application and file it yourself, it will be worthless - based on my experience with lots of people in this situation. 

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com