I have an idea for a product . . .

What is the name of your state? CA

but not a clue on how to "produce" it. The item deals with auto alarms.

Here's my questions:

Can you patent a 'idea'? Is the "Poor Mans Patent" still (if it ever was) legal? Would I have to get totally technical? I'm not into electronics, so I really can't see me making an actual working prototype. How can I protect my idea, but still market it? Can I try to sell the idea itself? How would you kow what's fair value? The cost of a Patent Attorney just isn't feasible right now.

I'd appreciate it if someone would point me i the right direction.

thanks.

[divgradcurl]

"Can you patent a 'idea'?"

Not if it is "just" an idea. A patent requires both "conception" -- the idea -- and "reduction to practice" -- getting it to the stage where it could, in principle, be understood and used by one "skilled in the art." So, just conception alone in insufficient to obtain a patent.

"Is the "Poor Mans Patent" still (if it ever was) legal? "

What's a poor man's patent?

"Would I have to get totally technical?"

Assuming you have a novel idea and had both conception and reduction to practice, you have to provide in the patent enough technical details so that one "skilled in the art" could read your patent and "practice the invention." In other words, you would need to provide enough information for someone who knew something about car alarms could read your patent and create the inventionon their own. So yes, you would need to get pretty technical.

"How can I protect my idea, but still market it?"

You can't, if it is just an idea. The only way to protect an idea is via trade secret -- and you have to keep the secret, well, secret. I guess you could use non-disclosure agreements with prospective clients, but you would need a lawyer with that, and if you are unwilling to pay an agent or attorney to help you with a patent...

If it's more than an idea -- that is, if you have enough to go forward with a patent -- then the way to protect that property is with a patent. There really aren't any other ways to protect an invention other than patent and trade secret.

"Can I try to sell the idea itself?"

Maybe, but without some way to protect your idea -- a pending patent or an NDA -- how are you going to keep your idea yours? Besides, if all you have is an idea, who's going to pay you for an idea THEN have to invest the R&D and marketing research to see if the idea is actually worth anything?

If all you have is an idea, give it up. You can't simultaneously keep an idea secret and try to market it, and you can't patent an idea, so you have no protection. Plus, nobody is going to pay you for an "idea" that they then have to pay to develop. They already have people on staff to come up with "ideas."

If you have more than an idea, then you really need to consider a patent. If you can't afford a patent attorney, a patent agent -- that is, a non-attorney who is registered with the Patent Office -- could be a cheaper alternative.

You've answered my questions in full. Actually, I think I can develop a prototype. I build computers, I should be able to build this.

A "Poor Mans Patent" is when a person completely describes, on paper, and draws a "blueprint" for lack of a better term, their invention and then mails it to themselves. Of course they keep the envelope sealed when they receive it back in the mail. That way they have proof that they came up with the concept on such and such date. It's best to send the envelope "certified".

Thanks for the info!

[divgradcurl]

"A "Poor Mans Patent" is when a person completely describes, on paper, and draws a "blueprint" for lack of a better term, their invention and then mails it to themselves. Of course they keep the envelope sealed when they receive it back in the mail. That way they have proof that they came up with the concept on such and such date. It's best to send the envelope "certified"."

This would accomplish nothing, legally. Not only would it not provide the owner with any protection, but it couldn't even be used to defeat another's patent.

Find a patent agent in your area that works with individual inventors -- an agent will be cheaper than an attorney.

I really appreciate the information.


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