Patent Filing

Post by **TPRJones** » Sun Mar 02, 2008 10:37 pm

I think I need to file a patent. Has anyone here ever dealt with that sort of thing before? If so, mind if I ask questions?

Post by **GORDON** » Sun Mar 02, 2008 11:26 pm

I've seen a "patent kit" for sale on TV, but I always figured the fine print would make you share the patent with the patent-kit-company.

Post by **TPRJones** » Sun Mar 02, 2008 11:30 pm

Yeah, I did some online searching but I couldn't figure out if any of them could be trusted at all.

Malcolm · Post by **Malcolm** » Mon Mar 03, 2008 2:11 am

Bleh. Typically the sort of shyte a lawyer would know.

Post by **TPRJones** » Mon Mar 03, 2008 2:31 am

I know, but I got no money.

I've done a little more digging, and it look like they've simplified the process in recent years. I might be able to figure it out. Maybe.

Post by **thibodeaux** » Mon Mar 03, 2008 7:12 am

We got a lady at work who has done a lot. She says you pretty much need a lawyer and 10G. Not saying it can't be done without one, because I've never done it, though.

Post by **Leisher** » Mon Mar 03, 2008 9:51 am

We got a lady at work who has done a lot. She says you pretty much need a lawyer and 10G.

I've recently looked into them and have a distant friend, through Dictionary Dave, that's a patent attorney, and Thib's advice is pretty dead on, although I think I'd add another 5Gs on the money estimate.

Nothing kills innovation like government.

Post by **TheCatt** » Mon Mar 03, 2008 10:20 am

Yeah, I took a computer law course last summer, and Thib/Leisher's #s are on target. Our professor (a lawyer) said it was $10-20k for relatively simple patents, more if there are a lot of claims to research/reference. And easily 6 figures if you start thinking about international registration.

He had one of his patents violated in Germany, but it just didn't make financial sense to pursue it. How awesome is that?

Here's some relevant notes from patent stuff we covered in class:

Government fees (no lawyer fees included):
The PTO filing fee is $1,000.
If issued, that is another $1,300.

Filing notes: Usually takes 25 months; approximately 50% are granted.

Things to remember:
i) Patent prohibited if: (1)publicly known/(2)used in the US or (3)patented/(4)described already anywhere before the date of invention (not the filing date)
1 year rule: if invention is (5)patented, (6)printed anywhere or (7)used, or (8)on sale in the US more than 1 year before filing, patentee is not entitled to patent
Claims are the "heart and soul" of a patent - And this is one of the arenas where lawyers are helpful. Too broad claims can be denied/invalidated. Too narrow can allow for others to build similar, but non-infringing items.

Also, the KSR lawsuit in the Supreme Court significantly devalued patent protection with regard to novelty of new inventions.

Applications must cite all prior art

Before filing
i. Inventor needs to keep accurate records of conception and diligence until RTP.
ii. Patentability search
1) Search of prior art
2) Obligation to reveal any material prior art.
3) Material information is any material that may influence the decision as to whether or not something is patentable.

Post by **TPRJones** » Mon Mar 03, 2008 12:06 pm

Well, shit. I'm pretty sure I can write up a good patent application, but no way can I afford those sorts of filing fees. Thanks anyway.

I guess I'll just use my prototype myself and be happy with that. It's really nice, but apparently I can't tell you about it just in case it turns out I do get to patent it later. :p

Edited By TPRJones on 1204564177

Post by **TheCatt** » Mon Mar 03, 2008 12:28 pm

You can discuss it in a private forum (not in "Tech Stuff") without starting the one year clock, especially if no commercial activity is proposed (selling, licensing, public market research, etc)

Edited By TheCatt on 1204565385

Malcolm · Post by **Malcolm** » Mon Mar 03, 2008 1:40 pm

Filing fees for things like this are bullshit. If you don't register, you aren't fully protected. If you do, it costs thousands of dollars. Are the filing cabinets made of solid cocaine or are they brought there by a parade of Playboy bunnies?

Post by **TPRJones** » Mon Mar 03, 2008 1:50 pm

TheCatt wrote:You can discuss it in a private forum (not in "Tech Stuff") without starting the one year clock, especially if no commercial activity is proposed (selling, licensing, public market research, etc)

It'll make more sense with a diagram or some pictures, which don't share well when hotlinked from a password protected locaion. In a couple of weeks when I really give up on the patent idea, I'll share.

I'm going to try to make a better prototype this week, anyway. I have to hack them together out of current hardware, and there's some annoying limitations to how much like my final product I can make such a thing at this point. I need to do some shopping.

Post by **GORDON** » Mon Mar 03, 2008 1:56 pm

It's a sex robot, isn't it.

Post by **TPRJones** » Mon Mar 03, 2008 3:14 pm

Nope, but nice try!

It's a new keyboard design that is far more ergonomic than so-called "ergonomic" keyboards without looking anywhere near that silly. Bettor for the wrisits than a regular keyboard, it requires less use of pinkies and more use of index fingers and thumbs, but is similar enough to the normal layout that it's intuitive to switch to with minimal adjustment.

I've got my first - very clunky - prototype working now and am typing this on it. I like it a lot.

But I really need to find a way to make a better prototype before I do anything else with the idea.

Malcolm · Post by **Malcolm** » Mon Mar 03, 2008 3:17 pm

The QWERTY layout itself needs to go. It was designed to be inefficient for Christ's sake.

Post by **TPRJones** » Mon Mar 03, 2008 3:23 pm

Well, I took Dvorak's lesson on that and stuck to QWERT. It's what peopel are used to and that may never change.

I will currently remain silent on the relative position of Y to T, though.