If you have a "widget" that is made of steel, aluminum, plastic etc. etc… Can you patent a Widget soley on what material it is made of?
The patent is more on the design and the intent. When you write it, you’ll mention what materials would/could be used to try to cover your bases. But one way around patents can be to use different materials than were originally mentioned.
Say some one made a wood fishing pole and had a patent for that design, If another person made a similar pole made from carbon fiber, that would imply that this was a new and improved design and could constitute a new product and a new patent.
I think it’s a bit tricky when it comes down to some one stealing your idea but, a patent is just one way to help you get the upper hand if you ever had to go to court to resolve any sort of infringement.
But then again, some countries don’t even have IP laws.
A patent isn’t what most think. You are solely responsible to notice if your patent is being infringed, and there aren’t any “patent police” to enforce it. It’s all on you. Then, if you’re lucky enough to even notice an infringement, you’re looking at $500k minimum, just to begin to defend it, open yourself up to counter suits to cover the other’s legal, and you better pray they didn’t find a way around your patent or it’ll financially ruin you. I once considered a patent. Upon realizing I could never afford to defend it I didn’t bother. Patents are for the big corporations that toss millions around seemingly without a second thought. Not the guy that wakes up early to feed his family.
Ya, I basically disagree with about everything you have said. You apparently do not have one and also do not know much about them. Its better off you just did not even put your two cents into the subject of them.
I have a patent on a composite part, it is also under PCT protection right now. I have about 4,000 invested in it right now. It will be a lot more once I get national stage entry into the select countries I want on going protection in. Which I am estimated it is about 5/142.
That’s cool Raxton. You obviously bought in to what your patent attorney was selling. And if you performed the patent yourself, without an attorney, you haven’t completed your research yet. Let’s just hope you never have to defend it, if you ever discover an infringement is taking place.
They do look cool hanging on the wall next to the bowling plaque, though.
Thanks everyone for your thoughts and opinions! I really don’t want to get a patent, I just don’t want to infringe on a patent after I have invested lots of money not knowing that it was patentable! My father has a US patent on a double soundboard guitar. It wasn’t a hassle, just cost 8k! He had 2 guitars made, they sound unbelievable. He was wanting to license his patent. He went to the 4 big guitar makers and they loved it. However, before they would buy it Dad or someone else had to prove the sales out before they would buy the patent. I just don’t want my competitor to come back and sue me because I made something that was patented 40 years ago, just because I made it out of a different material.
Thanks
DUCKS2525
Go to a patent laywer and let them do a research. And never write a patent yourself, spend money for a laywer.
Yeh, I agree 100% with Hansuallo. Patents are for big companies with big dollars. Even then, most of them will enter into patents knowing full well that a hundred other companies are going to blatantly rip off their product by changing one small thing. There’s always a way around a patent, if you’ve got the money.
If you have to deal with a patent, I agree with DD. Get a lawyer to do the work. There’s so many ways to get yourself trapped, it just isn’t worth the risk to try to do it yourself.
Pretty sure they expire after 20 years. That’s how we see a product like Viagra stand alone for a while, and then a bunch of generics get released.
Like I said you make it very apparent you do not know much about them. As well as most everyone else in this thread. I have a couple of people in my circle that have had life changing amounts of money that “Big Corporations” have paid out to buy the IP or even lease it.
Of Course you need to have it drafted by a lawyer and a preliminary search done, would you have someone build you a composite boat hull that thought it might be a fun learning experience?
Besides when going up against someone infringing on your work after they have received a cease and desist order you are entitled to 3 times the amount of damages.
But I joined this forum to talk composites not to people who have no idea about an Off Topic. Hanaldo you might want to watch a little Shark Tank and maybe even look into a site called Kickstarter, it a simpletons way to get your feet wet.
Raxton,
Did you learn all your patent knowledge from Shark Tank and Kickstarter? Maybe now that you are a patent expert, a little time watching some Miss Manners videos would be appropriate.