I have something to ask regarding patents. If we have some new inventions, how can we get patent for it. I mean what is the procedure for it? Recently I did a project based on battery chargers. I would like to get patent for it. Last day when I was searching about this I found some companies [REDACTED— REASON: SPAM] Do we need the support of such companies to apply for patent? I don’t have much idea about this. I am expecting your replies.
Welcome to BLF!
There should be a wealth of information available on google and patent agency.
You probably want to find yourself a reputable, (and local) patent attorney. Some of these “patent your inventions!” companies are a bad investment to say the least, but I can’t speak on the one you mentioned.
I work for the IPR division of a federal government agency here in the US. You should find a semi-local patent attorney. It gets expensive when you add all of the PT&O fees , the attorney fees and the maintenance fees required to hold the patent for 20 years. Also note that in the USA patents are not enforced by the government. Any infringement on your patent would have to be enforced by you at your expense.
Good Luck
Also, you are in Canada correct?
Why are you looking to patent something in the US ?
I don’t really know very much about patents, but I believe you would have to apply for a patent in Canada and that could only protect you from malicious Canadians. I do not believe that would give you any protection overseas. Maybe you could get a US patent as well.
Welcome to BLF!
I normally lurk here since I know little about making flashlights, but I am almost a patent attorney (waiting on paperwork) so I’ll try to help provide some insight into the patent process so you know what you are getting into.
Patents can be very valuable but applying for one can be extremely expensive. Like several thousand dollars minimum expensive. Before you even start thinking about filing a patent application you should first do a cost benefit analysis for the invention in question. Basically, will licensing the invention give you more money than the cost of an application, or are you better off using the invention as a Trade Secret (basically you don’t get a patent and keep the invention secret).
1. If you want a patent, how do I get one? What are the costs?
Contrary to popular belief, it is actually possible to obtain a patent without the help of an attorney. The process, while complicated, does not require a legal degree.
However, if you are serious about obtaining a patent then I highly advise finding a local (Canadian) patent attorney. While it is technically possible to obtain a patent without an attorney, actually getting a patent without one would be worse than pulling teeth.
2. What is the process like?
Patent applications generally work like this.
a. Talk to your attorney (if you have one). The attorney will do something called a prior art search. Basically, he needs to figure out whether your invention is ACTUALLY new. What I mean by that is that even though the invention may be new to you, if the invention was used, published, patented, or sold anywhere in the world before your application, then you can’t get a patent. Furthermore, if the invention is an obvious improvement over the prior art you wont be eligible to get a patent. If your attorney decides obtaining a patent is possible, they you will discuss which countries you want to get a patent in. For every foreign country you want to obtain a patent in your attorney will have to get the help of a local patent attorney in that foreign country.
b. Preparation of application- You and your attorney prepare the application by including your inventions, pictures of it, and clearly state what you are claiming.
c. File your application. The patent and trademark office hears tons of applications, and if you don’t file according to all their regulations they wont even look at it. Let your attorney do the actual filing.
d. Patent prosecution - basically the patent office does a search of the prior art and then tells you why you CANNOT receive a patent for your invention. This is where attorney’s help is critical. Your attorney will revise the application so that it is acceptable to the patent office. Basically this round goes back and forth a couple times with the patent office limiting the scope of what you claim.
e. Assuming you do have a patentable application, after roughly 2 and a half years (thats an average for the US Patent office. Depending on field it might be more than that) from the beginning of your application you get a patent! Hooray!
3. TIME!!!
One specific piece of advice I can give you is that patents, and any intellectual property for that matter are extremely time sensitive. The US (I think Canada as well but I’m not sure) offer something called a grace period. Basically if you wait to long, you can invalidate your own patent. Also we now use a first to file system which means whoever gets to the patent office first gets the invention regardless of who invented first.
Tl:dr: 1st decide whether a obtaining a patent is truly worth it for you. 2nd, talk to a local patent attorney as soon as you can as time is of the essence. Also I would skip invention companies and go straight to a patent attorney. But take that with a grain of salt as I’m biased as I want business for patent attorneys so I can find a job!
Haha malicious Canadians I love it!
Just as a fun fact, most criminal laws require some sort of malice or intent. But patent infringement is something we called strict liability which basically means that you can be guilty of infringement even if you were trying NOT to infringe.
And you guys are 100% correct that patents only cover the country where you apply. There is something called the Patent Cooperative Treaty which enables you to get a patent in every country who is a signatory, but you need to pay for an application for each and every individual country. It costs a small fortune!! Most small inventors just get a patent where they live plus maybe the US or other big markets
Alternate approach: Remove component markings and pot the device in tinted epoxy. Someone will figure it out sooner or later but in the meantime you’re making a profit. Beware that your idea may infringe someone else’s patent or otherwise become a liability so hide your assets behind a LLC or S-Corp (or the Canadian equivalents).
Purpose of use matters. The “Gleason Tor-Sen” auto differential used one of the oldest mechanical principles around- that a worm gear can turn a spur gear but not the other way round. Worm gears had been used in auto differentials for decades, but not quite the way his did. Every Nascar racer (and plenty others too) now use his design. His patent was based on specific usage to create the perfect ‘posi-traction’ unit which had not been done before so they granted him the patent and he got rich.
Much of life is more how you go about things than what things you do.
Phil
If you use any GPL v3 open source code in your device then you can not epoxy the chip running it. Or create any other hardware restrictions to prevent users from running modified versions of that GPL code. TiVo DVR tv recorders pulled that crap.
This does apply to drivers we use here on BLF, all of ToyKeepers code is GPL v3. And if I released any code it would certainly be GPL v3 as well.
I think this thread was a drive-by spam dump by the OP.
Sure looks like it imho.
But when other people have taken the time to write posts in the thread I become hesitant to mark the OP as spam since it will nuke all the replies. Feels rude. Anyone care to pm sb and ask him to just kill the link in the OP?
~ edit ~
I contacted sb to see if it would be a bother for us to ask him to just kill the link in these cases.
This is an odd first post on a light forum.
But yea, be sure there’s not a patent already covering too much to allow yours. And know that it is not cheap, cost/benefit analysis. Then find a patent attorney to draw it up and file it.
And the link has been killed.
Sb
So true. God help me.