In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.

Walk me into the U.S. Patent Office!

bobskibobski Member Posts: 17,866 ✭✭✭
edited August 2003 in General Discussion
ok folks...how many have ever been there and have swung the door open to apply or search for a patent? can you share with me and the others a typical day and what to expect at the office? i have a couple ideas and i need to know how to be prepared. arm me with knowledge and what to bring! [?]thanks in advance!

former air operations officer SEAL Delivery Vehicle Team 2. former navy skeet team, navy rifle/pistol team member. co-owner skeetmaster tubes inc.. owner/operator professional shooting instruction.

MOVED OVER HERE BY CAPTAIN KIRK...
Retired Naval Aviation
Former Member U.S. Navy Shooting Team
Former NSSA All American
Navy Distinguished Pistol Shot
MO, CT, VA.

Comments

  • RembrandtRembrandt Member Posts: 4,486 ✭✭
    edited November -1
    ....probably going to spend between $2500 to $10,000 for each patent. Need to seek out a patent attorney, do a search to see if someone has already done your idea or a part of it. If you infringe on someone elses patent and make a profit, you may be liable for paying part of the proceeds to the original patent holder. Good Luck...

    here's some helpful information... http://vkv.tripod.com/patinfo.htm

    http://www.patentpending.com

    Application Preparation
    Preparation of your patent application is a fairly complicated matter. Your application must adhere to certain criteria and standards of the United States Patent & Trademark Office. Your Patent Attorney is aware of these requirements, and in discussing your invention with you, will put your application in proper format for submission. Your patent attorney will also use his experience and best efforts to broaden the scope of your invention.
    Preparation will include the drafting of formal descriptions of the best mode or version of your invention, specifications on how it is built and/or operates, and claims as to the uniqueness of the invention. Formal Patent Office drawings will also be prepared by a Patent Draftsperson. These drawings are highly specific to Patent Office requirements and are normally handled by your Patent Attorney.
    Be forthcoming. Normally, the inventor knows his or her area of expertise much better than the Patent Attorney. Consequently, preparation of your Patent Application will generally include one or two drafts for your review and correction. One-on-one interviews by phone or in person are also important, as your Patent Attorney will generally ask you questions intended to lead to information that is important to your patent.
    A well trained and certified Patent Attorney's job is to take your idea and draft the best application with the broadest claims possible. This involves a little detective work on the part of the Attorney, and you should not be insulted if you are asked what you consider "dumb" questions. There are no such thing as "dumb questions" by you or by your Attorney. Answer anything you can if asked and do not be afraid to disclose any and all information about your patent idea, no matter how small or inconsequential you may feel it is. Your job is to educate your Patent Attorney on your idea. The Attorney's job is to listen, question, and write.


    Time
    The normal time to complete the Patent Application process from start to finish is about 18 months. During that time your application is submitted to a Patent Examiner at the U.S. Patent Office who does his own patent search looking for similar inventions. Once this is done, the Patent Examiner will review your application and compare it to patents found in his search as well as general engineering principals and his personal experience in your area of art. The examiner will contact your Patent Attorney with formal requests for changes in your application or reasons why the Examiner feels your application does not deserve a patent.
    If your Patent Attorney can satisfy the Examiner's inquiry and requests, your patent will be allowed and you will be required to pay an issuance fee to the Patent Office. During the 20 year term of the patent, other fees will be due to keep it in force, which are described below.


    Government Fees
    The basic fee for filing an application for a utility patent ranges from $370 to $740,dependant on whether or not the applicant is entitled to status as a small entity(independent inventor, small business concern, or non-profit organization).
    Issue fees (charged by the Patent Office if your patent application is approved) for utility patents range from $675.00 to $1300.00.
    Maintenance fees are due at 3 1/5, 7 1/2 and 11 1/2 years from the date the utility patent is granted.
    Applications are assigned to examiners who are experts in various fields of technology. They research previous patents and technical literature to determine whether a patent should be granted. This procedure takes an average of about 18 months.

    Legal Fees
    Legal fees for a simple patent generally run in the area of $4500 to $7500 depending upon the complexity of the simple idea, and sometimes, where you live. Some law firms will work on a flat fee basis, including all costs and legal fees; others will work on an hourly basis. By the time you have a patent application which is filed, you can expect to have spent from $2500 to $4500 on the application itself. This does not include any office actions or the base issue fee the government charges if your patent issues.
  • mark christianmark christian Member Posts: 24,443 ✭✭✭✭
    edited November -1
    I have an old school friend who is an inventor of sorts and he holds several patents on a number of intersting contrivances that he's developed over the years. A few of these patents earn him modest royalties (some of his patents are worthless because no one was interested in them) and allow him to keep on inventing and dreaming of hitting it big-- He may just do it some day. The figures which Rembrandt gave you are very close to the ones I've heard my friend talk about. Keep in mind that you generally CANNOT patent an IDEA, you can only patent something tangible; either a physical working model or plans and specs which so clearly show what your invention is, how it functions, and exactly what it does (or what you hope it does) when it is operating that the examiner will allow it. Patent examiners are not a bunch of lazy government hacks, these guys know their stuff and won't cut you a single break!

    Mark T. Christian
  • DancesWithSheepDancesWithSheep Member Posts: 12,938 ✭✭✭
    edited November -1
    I spent years trying to patent my idea for a diesel-powered typewriter for Army clerks in the field. I got nowhere. I still think there's a big market out there.
  • mark christianmark christian Member Posts: 24,443 ✭✭✭✭
    edited November -1
    Now Sheepman, that one is too much even for you! Someone here in Kalifornia probably tried your diesel powered typewriter but gave up after they discovered it needed a yearly smog inspection!

    Mark T. Christian
  • nitrouznitrouz Member Posts: 1,820 ✭✭✭✭✭
    edited November -1
    You can search patents online.

    It costs $80 to apply for a patent (get the patent pending use) then it cost something like $375 a year.

    You can submit everything online at their website.


    Or you could pay someone big dollars to do it for you.


    jesus2000x.jpg?mtbrand=NS_US

    "He that hath no sword, let him sell his garment and buy one."
    - Jesus Christ in Luke 22:36
  • 5db5db Member Posts: 1,621 ✭✭✭✭✭
    edited November -1
    As a patent holder I can tell you that an novel idea can be patented, as long as it can be explained and drawn. The do it yourselfer must keep in mind that the patent app. is just that. You leave holes in it and if there is value there, somebody will design around it. So you call it, does your idea have value? If so, hiring a lawyer to write the app. might well be wise.

    I'll help however I can so feel free to contact me.

    If you have one shot...Accu-Shot Website
  • RosieRosie Member Posts: 14,525 ✭✭✭
    edited November -1
    We have spent almost two hundred thousand dollars in litigation because of a patent rights dispute and It's still on going. An attorney who peforms a search has no responsibility if he is wrong. He just sits back, counts your money and smiles!
  • 5db5db Member Posts: 1,621 ✭✭✭✭✭
    edited November -1
    Rosie, you could do a patent search yourself. The only real mystery is the "Patent pending" files which obviously are not public. Hiring a lawyer has several "layers" for protection. Write an application too broad no award, write it too narrow makes it easy to design around. Write it yourself and hire an lawyer to read and tweak might be a less expensive route.

    If you don't mind telling, are you the patent holder in your case?

    We got * around a bit on the name "Accu-Shot". We bought the Trademark rights from the company that was no longer using it. Another company without regard to who might own the name started using it prior to us buying it. We had no idea they were using it. The week we received the Trademark rights to the name from the Trademark and Patent office, the other company's lawyer contacts our lawyer and claims prior use! Cost, 1500.00 and we have to approve their use of accushot in any configuration. Could have fought forever, but as you know every call made the register rings...



    If you have one shot...Accu-Shot Website
Sign In or Register to comment.