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View Full Version : What is the best way to get a patent?




NerveShocker
09-12-2009, 01:13 PM
Hey I'm curious if anyone here could tell me what the best and safest way to get a patent is. I've already done some research but was interested if anyone here has ever gone through this before or if anybody knows what steps I should take first. Thanks.

phill4paul
09-12-2009, 01:16 PM
Start w/ a patent search to make sure it is not already patented. That is the first step before investing either time or money.

NerveShocker
09-12-2009, 01:34 PM
Thanks for the quick feedback. Are there better sites or do most contain the same information? I googled patent search and ran into a few things.
This site:

http://patft.uspto.gov/

I also saw this site: http://www.freepatentsonline.com/

I gotta run right now but I'll be back in about 30 thanks for your help. From what I've seen so far I can't find any patent for my invention, so far so good.

phill4paul
09-12-2009, 02:04 PM
I just did a google search. Using keywords. Unfortunately what I was looking for was already patented so I didn't have a need to follow up. "Day late and dollar short.":D
I hope someone else can help you more.

Matt Collins
09-12-2009, 02:31 PM
The Patent Office website should be able to help you a great deal.

Just remember to get a patent it has to be something unique, novel, innovative, etc. A formula, a process, a procedure, etc.

Search through the patents that exist, see if there is anything similar to what you are trying to do. If not, then your next step is to visit a patent attorney.

Johnnybags
09-12-2009, 03:59 PM
with all your ideas, sketches etc. before doing anything. Never open the letter unless and until a court date arrives because someone ripped you off. Then go start your patent process. The letter is not a substitute for patent protection but if your idea is good chances are someone will attempt to fleece you. The letter establishes a record of when your idea was put to pencil.

Matt Collins
09-12-2009, 04:05 PM
with all your ideas, sketches etc. before doing anything. Never open the letter unless and until a court date arrives because someone ripped you off. Then go start your patent process. The letter is not a substitute for patent protection but if your idea is good chances are someone will attempt to fleece you. The letter establishes a record of when your idea was put to pencil.
That doesn't hold up in court... I've studied patent, trademark, and copyright law. The only guaranteed protection you have with a patent is to be the first to register it with the Patent Office.

You might be able to prove prior art but I wouldn't bet on it.

NerveShocker
09-12-2009, 09:29 PM
The Patent Office website should be able to help you a great deal.

Just remember to get a patent it has to be something unique, novel, innovative, etc. A formula, a process, a procedure, etc.

Search through the patents that exist, see if there is anything similar to what you are trying to do. If not, then your next step is to visit a patent attorney.

Thanks for the advice. My idea is not a new product but instead a major improvement on an already existing product. The reason I think there would be a demand for this is that this products design is majorly flawed and causes much unnecessary hassle. Can you get a patent on something that exists if your version is much different and you know it would be preferred over the previous inferior design?

Matt Collins
09-12-2009, 09:33 PM
Thanks for the advice. My idea is not a new product but instead a major improvement on an already existing product. The reason I think there would be a demand for this is that this products design is majorly flawed and causes much unnecessary hassle. Can you get a patent on something that exists if your version is much different and you know it would be preferred over the previous inferior design?Demand has nothing to do with it; uniqueness, novelty, utility, etc does. At this point it would behoove you to contact an attorney and ask them. There is probably an answer to this question out there somewhere for you, but I don't know where. But to be sure the answer is specific to you, you should really talk to an attorney.