General Discussion

Ms. Toad

(38,678 posts)

39. Recently is good (as long as recently is less than a year ago)

Mon Dec 2, 2013, 11:10 PM

Dec 2013

As long as the invention isn't obvious from what you've told them (and that is a legal analysis), you should be ok in the US. The US does have a first to file rule now, so if the concept wasn't obvious but now that they know about it they could develop it on their own it may be a race to the patent office.

If you ever do decide to share the details, make sure you have them execute a non-disclosure agreement. It both keeps your disclosure out of the public and gives you a cheaper way to protect your IP than patent litigation (breach of contract is orders of magnitude less costly to fight in court than a patent infringement case).

You should be able to find a patent attorney to do an initial consultation with for a couple hundred bucks or so - it would be well worth the investment. I can't tell you how many people are sure that what they want is a patent - but it turns out that what they have is not even eligible to be patented.

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Is there a cheap and fast way to get a patent? [View all] Duer 157099 Dec 2013 OP

The only way I know... pinboy3niner Dec 2013 #1

That's patently absurd. Orrex Dec 2013 #14

Pinboy's jokes are neither novel or non-obvious jberryhill Dec 2013 #24

Wow. Orrex Dec 2013 #26

It depends on your definition of "cheap" and your definition of "fast" jberryhill Dec 2013 #2

OK thanks for the link Duer 157099 Dec 2013 #5

If you already have a prospective manufacturer jberryhill Dec 2013 #6

Ok, thank you again Duer 157099 Dec 2013 #8

Yes, that's the point jberryhill Dec 2013 #10

Fantastic. Thanks so much. Duer 157099 Dec 2013 #18

You just got some great free legal advice. I second everything msanthrope Dec 2013 #11

The advice you've gotten already is accurate Ms. Toad Dec 2013 #28

Here's a bit more background Duer 157099 Dec 2013 #38

Recently is good (as long as recently is less than a year ago) Ms. Toad Dec 2013 #39

And then decide if you really want to... PoliticAverse Dec 2013 #3

The more relevant question is whether his prospective licensee does jberryhill Dec 2013 #7

Good reading for any small inventor contemplating a patent. Ms. Toad Dec 2013 #30

MAD indeed, for an example see... PoliticAverse Dec 2013 #34

That is actually MAD not working. Ms. Toad Dec 2013 #43

Inherit it Demeter Dec 2013 #4

I assume you've checked out information from the U.S. Patent Office... DreamGypsy Dec 2013 #9

Oh boy. Duer 157099 Dec 2013 #16

You've got some bad information there. Ms. Toad Dec 2013 #29

If you think the cost of having your patent done right is expensive, ... badtoworse Dec 2013 #12

If you are intent on having a patent - Ms. Toad Dec 2013 #31

Unless you are a major corporation or plan to sell it to one, a patent is a waste KurtNYC Dec 2013 #13

I hear that, but Duer 157099 Dec 2013 #17

same dynamic really. Whoever has the most lawyers wins. KurtNYC Dec 2013 #21

Then what you need to do is to publish all of the details of your idea Ms. Toad Dec 2013 #32

Publish anywhere? Website? Duer 157099 Dec 2013 #37

Let me see if I can find some of the discussions about publication. Ms. Toad Dec 2013 #40

Ugh no. lonestarnot Dec 2013 #15

Have you checked to see if NOLO Press has something on patents? Hekate Dec 2013 #19

There is only one way to do it to guarantee to save your ass and your ownership of Drew Richards Dec 2013 #20

I have one and my advice�.. Bonhomme Richard Dec 2013 #22

Why do you want a monopoly? nt Dreamer Tatum Dec 2013 #23

I don't Duer 157099 Dec 2013 #27

I already have a patent on your invention. Tough luck: 1,773,980 Logical Dec 2013 #25

That patent expired years ago - so that actually solves the problem. Ms. Toad Dec 2013 #33

Damn, my lawyer is an idiot!! n-t Logical Dec 2013 #35

Well - Ms. Toad Dec 2013 #36

I guess that is me! n-t Logical Dec 2013 #41

Most businesses don't bother beyond a provisional.. pipoman Dec 2013 #42