Patent Application Process

[aaron_c]

Arkansas

I have an idea that I'd like to patent. It is a modification for an ATV trailer, so I believe it would be considered a utility patent. I already have a prototype built, and pictures taken, I am just unsure on the next step and finances needed.

So what I need to know is:
Do I just fill out the forms on uspto.gov (assuming I can find them on that complicated website lol)?
And how much money would you save up to last through this whole process? I don't want to get into it and run out of money, and have it all go to waste because I run out of money to pay a patent attorney or something like that.

Thanks for any help and answers everyone

 

[divgradcurl]

Do I just fill out the forms on uspto.gov (assuming I can find them on that complicated website lol)?
And how much money would you save up to last through this whole process? I don't want to get into it and run out of money, and have it all go to waste because I run out of money to pay a patent attorney or something like that.

Writing your own patent is significantly more complicated than just filling out forms. Although there are some forms that need to be filled out, the application itself needs to be written in a specific format. You can search the various pages at the USPTO for guidance on this, or you can head to a local library to find a book on patenting somethig yourself (there are a few different books out there).

The costs associated with obtaining a patent are quire variable, and depend on how much you are willing and able to do yourself. The filing fees are around $500 if memory serves, plus there will be various fees along the way if you ever need to file a petition, and finally there are issue fees which are a few hundred bucks.

If you work with a professional, the application will likely cost $3000 - $7000, depending on the complextiy and who you get to do it, plus fees. Ongoing prosecution of the patent will depend on how complex the prosecution becomes, and could potentially end up costing as much (or even more) than the original application. These costs, by the way, should give you some indication of the complexity involved in obtaining a patent. It's not rocket science -- you can do it on your own, if you are willing to put the time into learning how to do -- but it is a lot of work.

If you are not sure about doing it yourself, go to www.uspto.gov, click on "patents," then on "find a registered agent or attorney" and search for a patent agent or patent attorney in your area to talk with.

 

[aaron_c]

Man, I guess you really do need to have money to make money...I'm a college student, so there is absolutely no way I could get $3-7k, and probably not $500-800.

Do you think it would be possible to sign a contract with a company that already makes atv trailers, stating basically that I could get a very small percentage of trailer sales (using my design, not all sales) in return for giving them my idea to patent themselves? Or is this idea silly, and I'm just dreaming now...

thanks again

 

[divgradcurl]

You could try and negotiate and sell the idea to the trailer company, and have them pay for the patenting process in exchange for a payment (or royalties) and an assignment of the patent to them (it still has to be filed in your name, you would list them as assignees).

You might want to consider filing a provisional patent application to try and protect your idea before going to the trailer companies. A provisional application can be much easier to write, and costs significantly less than a nonprovisional (utility) application. If you did this, you would have something to protect yourself (for a year, at least). Another possibility is to draft a nondisclosure agreement to have the trailer companies sign before showing them the idea, but you may find it difficult to get the companies to commit to signing an NDA.

Probably your best bet is to go to your local library and try and draft and file a provisional patent application, then shop around your idea to the trailer companies. If you find someone interested, you can then neogtiate with them to take over the application. If nobody is interested, then you can let the provisional expire after a year, and it didn't cost you much money -- or, if you are in a better financial position, maybe you can file your own nonprovisional application at the end of a year and get the patent yourself.

 

[aaron_c]

You could try and negotiate and sell the idea to the trailer company, and have them pay for the patenting process in exchange for a payment (or royalties) and an assignment of the patent to them (it still has to be filed in your name, you would list them as assignees).

You might want to consider filing a provisional patent application to try and protect your idea before going to the trailer companies. A provisional application can be much easier to write, and costs significantly less than a nonprovisional (utility) application. If you did this, you would have something to protect yourself (for a year, at least). Another possibility is to draft a nondisclosure agreement to have the trailer companies sign before showing them the idea, but you may find it difficult to get the companies to commit to signing an NDA.
Probably your best bet is to go to your local library and try and draft and file a provisional patent application, then shop around your idea to the trailer companies. If you find someone interested, you can then neogtiate with them to take over the application. If nobody is interested, then you can let the provisional expire after a year, and it didn't cost you much money -- or, if you are in a better financial position, maybe you can file your own nonprovisional application at the end of a year and get the patent yourself.

What I bolded in your quote is what I was thinking about doing, but the provisional patent sounds like a good idea also. I made a couple of calls, and my step-dad said he may be interested in paying for the patent for a portion of profit I'd make. My boss has seen the trailer before also, and he said he loves it, so I may be able to get him to invest. I'll give the suggestion of yours (provisional patent) a shot first, though.

thanks for the help, it's been very helpful! If I have any more questions or updates, I'll let you all know.

 

[aaron_c]

Okay, I have someone willing to help fund this, but they don't have the $3-7k for a full patent. So here are a couple more questions:

How much do you guys think it would cost to have a patent attorney do a provisional patent?

How risky is it to do it yourself? The book I'm reading says that a company may attack the validity of your patent, so they can patent it themselves. This is why I'm more willing to pay several hundred dollars to have a professional do it (hopefully it will stay under $800-900).

thanks everyone

 

[divgradcurl]

Here's the thing about a provisional patent application -- in principle, they are very simple, you don't even need claims -- just a complete description of the invention. You could easily do it yourself.

However -- if you want maximum protection for your provisional, it's essentially just as much work as preparing a full nonprovisional application. In other words, most of the time it is just as much work preparing a provisional application as it is to prepare a nonprovisional application. Again, that's for a situation where you want (and need) maximum protection, and money is less of an issue.

Your best bet is to simply ask a few patent agents (probably cheaper than a patent attorney, but not always) and see what they charge. Avoid the invention submission corporations, those are scams.

As for a validity attack, that ALWAYS happens if you ever sue to enforce a patent. I don't know that there has EVER been a defendant who hasn't challenged the validity of a patent in an infringement lawsuit. It would likely be malpractice not to do so.

And even if a patent is invalid, that does NOT mean that the other party can now patent it, because the invalidated patent would be prior art to any later patent applicants.

What you may be reading about is either a) an interference, where a company learns of an invention then quickly files their own application, so that there are two applications for the same invention going through the USPTO at the same time. The USPTO may declare an "interference" where the parties have to prove who invented it first, and whoever was first gets the patent. B) is a reexamination, where a party can ask the patent office to "reexamine" an issued patent based on newly-found prior art. C) is an ex parte challenge, but those are extremely rare under the current law, although may be more important if the patent reform act passes without further changes (but we hope it doesn't, for a lot of reasons!). In other words, none of these issues are anything you can do anything about at this point, so they are not something you really need to worry about now.

 

[aaron_c]

Okay, I already have the written description of my design and pictures of the prototype. Was that the hardest part, or is filling out the forms very confusing?

 

[divgradcurl]

Okay, I already have the written description of my design and pictures of the prototype. Was that the hardest part, or is filling out the forms very confusing?

Filling out the forms is the easy part.

You want to make sure that your written description "enables" each and every claim you intend you intend to add to your nonprovisional application -- in other words, each claim you intend to pursue MUST be fully disclosed and supported by the written description. You have to get this right the first time -- you won't be allowed to add any new material later if you forget to add it now. You might want to read up on claims, and try and draft some broad claims, and see if they are fully supported by your written description -- kind of a self-check before filing.