Patent advice

[padren]

Hey everyone (hope this is the right area for the post)

 

I notice a lot of people here have experience with patents, and I could really use some advice:

 

I came up with a very simple lawn sprinkler system that I think could be a national best seller. It is very cheap to produce, very simple, and has features that put it in its own category - my partners don't want me to go into many details, but I bet I could sell any company on it.

 

 

The problem: no idea about patents, marketing patents, or what to do. Plus I am self-employed (ie basically broke). The ideal solution would be a specialized company I could consult with (is that done with a NDA?) at a pre-patent phase, that would take an ungodly percent in exchange for dealing with paperwork and the marketing to 'Big Lawn' and all that.

Do companies like this exist? They 'appear' to if you believe late night TV commercials, but I would never go in blind with some little known company off a midnight ad.

 

What is the best course of action? Will I have to patent it myself before I can even do anything with it? What should I expect I could sell it for (if I can in fact convince a big company that it'll be the #1 seller) and what should I watch out for?

 

Any advice is really appreciated - thanks

[Resha Caner]

Ahhhhhhhh! I just wrote a really long reply, but it didn't take! That sucks!

 

Now I'm too pissed off to try to duplicate it all. But I'll give you a summary, and maybe we can tease out the details with a little back-and-forth.

 

1. Don't know anything about the small companies that file for you. I suspect some are legit and some are frauds. Check them out with the BBB and websites that track scams.

 

2. My patents were filed by my company (which is Fortune 500). Even then it took 2-3 years, so it's not a slam dunk. You have to really want it.

 

So, your best bet is to get hired by somebody in the industry. If not a lawn company itself, then a supplier, customer, or consultant to lawn companies. You need to learn the industry.

 

3. If you decide to do it yourself, make contacts. I bet there is a conference of some kind these companies go to. Go yourself and make contacts.

 

Do your homework. The U.S. Patent Office website lets you read all existing patents. Find all the ones close to yours and read them. That will help you: 1) learn the legal language (yes, it's a legal language, not technical), 2) learn how to distinguish your idea from others with "claims", 3) prepare you for the challenges the patent office will undoubtedly raise, 4) make you look like you know what you're talking about.

 

You don't necessarily need a patent to approach a company. But, if you don't have one, you'll need to get them to sign a "non-disclosure" agreement.

[Externet]

Hi.

1.- Go to a "Home depot" type of store and buy one. If you can beat by far their less than $2 price TO THE PUBLIC for a sprinkler, then keep thinking.

 

2.- A patent is highly likely to drive you nuts waiting never less than 2 years until issued IF granted or any other sprinkler manufacturer does not bite you.

 

3.- The ONLY thing a patent gives you is the right to sue. To sue, you need a lot of money to feed lawyers. Probably more than the amount you need to start production with no patent.

 

4.- If after years of sweat and tears you start production protected by a patent, the chinese will copy it for a fifth of the price if the idea is truly brilliant.

 

Then, just MAKE them and sell them to all related stores at your reach -now-.

 

Good luck.

Miguel

 

The same thing happens to me often. After typing a response, and "Logged in" showing, the submitted message dissapears unretrievable.

Just highlight the text and copy it before clicking "Submit reply" Then you can retry pasting.

[padren]

I hate it when that happens (loosing a post) - I've had to get in the habit of copying everything before a post.

 

What about "patent pending" status? I heard you can shop a patent around without the patent process being finalized, and even go to market. Lots of devices have 'patent pending' written on them these days that you buy in stores. Also, I have no desire to try and get into the actual production/manufacturing of this item - way too much overhead for what specialized companies can do en mass much better.

 

I am not worried about a $2 sprinkler as competition, because this one is pretty much has the same level of 'hook' as that stupid 'tractor sprinkler' but, instead of making the user waste more time, saves the user a whole lot of time...I came up with the idea while trying to figure out how I could make my yard waaaay easier to maintain - and I am pretty sure 90% of men at least (we hate wasting time on household labor, yes?) would be happy to get it in place of a $2 sprinkler, even if it cost $8 or $12.

 

What I really hope I can find, is some sort of 'patent agent' company that can market it to The Big Guys, or, in lieu of that, I'll have to try and shop around to an investor I suppose.

[Phi for All]

What I really hope I can find, is some sort of 'patent agent' company that can market it to The Big Guys, or, in lieu of that, I'll have to try and shop around to an investor I suppose.

I'd check out a patent attorney. Pay for an hour of his time and he'll go over your options. The attorney may also know of some trustworthy investors or consultants.

 

I've heard of people who sold the foreign rights to a patent to use as seed money to develop their ideas in the US. This would be a sweet deal and you'll have someone else to fight the Chinese.

 

One thing I do know, don't go for a design patent. They're easy to get around because designs can be altered slightly without affecting efficiency. Go for a utility patent. You'll need a bunch of points that detail why your device is unique in the marketplace (the whole is taken into consideration; it's not just that your sprinkler traverses the lawn by water pressure, and not just that it hovers over the lawn without leaving unsightly tracks, and not just that it can be filled with green dye to make the lawn look healthier. It's the fact that it's the only product out there that does *all* those things that makes it worthy of a utility patent).

[padren]

What I think I'll do, is talk to a patent attorney with NDA in place, and see what I need to do to get to the 'patent pending' status, and research possible manufacturers who would be interested in the patent, and attempt some pitches.

 

I'll let ya all know how it goes!

[tvp45]

First thing to do is get a notebook, the kind that have sewn in, numbered pages. (This'll set you back about $10). Write out a complete description of what you have. Make sure you don't skip pages or leave big blank areas. Date every page and sign it. Do this in ink. When you've finished, show it to somebody smart enough to understand it. Have them sign it with a little description of what they've witnessed. Now you have a legitimate claim as to when you invented this.

 

Now, some of the hard facts of life are these:

 

Most patent assistance companies are a waste of money. Contact the US Patent Office yourself. Go to their website. You can file your patent application yourself. You're gonna need probably between $1000 and $2000 in fees.

 

It is quite possible your idea has already been patented or it may not be patentable (the test of what a "reasonably good mechanic" could do). You need to do a search. Again, go to the patent office website.

 

Most patents do not make people rich. Often, people don't even break even. The money is in marketing and sales.

 

Good luck.