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Help! What do I do first with my great idea.
Posted by Anonymous . updated on 2/26/2009
I have come up with a therapeutic device based on a novelty toy I saw, while I was at work last spring. It is specific to my and a few other professions, is not for sale in any catalogs I've ever seen and is something that would address an area that is difficult to address (I wish I had one now, it'd make my job a lot easier in that area). I really believe I've got a ringer, that could be niche marketed worldwide. With that in mind I started researching how to take a good idea and protect it, market it etc. I came across asktheinventors.com which is where I found a link to this site. I have bought the books by the authors of that site, I have read information online, including some threads in this forum. At this point I am overwhelmed and at a loss as to which step I should take next. 
I have started an inventor's journal but I have been sporadic at best in filling it in. I did try to do my own preliminary patent search online but keyword searches were returning 50,000 + patents (It's based on a very common device) and I don't have that kind of time. I'm considering investing some money to obtain a patent search, through avviso.net. Maybe I should hurry up and apply for a provisional patent? I really don't know which step to take to get this rolling. I do not have a lot of money but I have good credit, I just don't want to run it up and end up losing it all because of a foolish oversight or mistake.
Thanks for taking the time to read this and I appreciate any guidance or advice.
Answers (5)
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JimIvey
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Here's my FAQ: I have an idea worth millions. Now what?Hopefully, it will add something beyond what you've already read. A pre-filing patent search isn't required, but might be advisable depending on your particular strategy for capitalizing your idea. If you ultimately decide you want a patent for your innovation, how to put together an application for your patent is huge topic that's been touched upon repeated in these forums. The subtle nuances and specific requirements are far too numerous to summarize in a forum post. But, I think it's worth the effort to first determine how you intend to capitalize your innovation and whether that warrants a patent. Regards.
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Purple ...
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Thank-you for the fast reply and link to your article. I have put some thought to that and my preference is to try licensing it. Although I'm not entirely ruling out manufacturing it myself, if no one is interested in producing it. The raw materials would be easy to obtain.
Given that the novelty item is massively produced and cheap for lack of a better term, when I put my tweaks to the design and market it as a therapeutic device, I anticipate a lucrative profit margin for the producer, even with the extra cost of production upgrades and royalty payment. The mark-up in therapy equipment catalogs is substantial.
Does a design have to be entirely complete before applying for a patent? Should I invest in a prototype to get the bugs worked out? It really is difficult to know which steps to take first and I can tell you, most people I tell that I have an innovative, possibly patentable idea, discourage me and tell me that patents are virtually impossible for a "little gal" to obtain. I do not share my specific idea for obvious reasons but I am antsy, I've been sitting on it since spring and would really like to start the ball rolling, I just want to roll it in the correct direction. My goal is to generate a passive income for myself.
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JimIvey
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A prototype is not required but might be advisable.
All you need for a patent is to describe how to make and use your invention in enough detail that one of ordinary skill in the relevant technologies can make and use your invention.
Making a working prototype would have the advantage of identifying specific difficulties and their respective solutions that you could then protect in your patent. On the other hand, you'd have to then describe your preferred implementation (called "best mode"). Whether that's worthwhile is a business decision.
Ah, passive income. That would be nice, wouldn't it? I've never worked harder than when chasing passive income. Ironic. ;-)
Regards.
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Purple ...
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Quote from: JimIvey on 12-23-08 at 02:06 pm Ah, passive income. That would be nice, wouldn't it? I've never worked harder than when chasing passive income. Ironic. ;-)
 Best to work hardest for yourself, right?
I suppose I should have said some passive income as opposed to a but I prefer to stick with my original statement. I frequently remind myself (and others obviously) that Sheri Schmelzer came up with Jibbitz playing with her daughters at the dining room table and Chris Haney and Scott Abbott derived Trivial Pursuit from play also. Not saying it happens everyday but it does happen and doesn't always have to be hard work. Although it is becoming more and more apparent to me that the idea is one of the the easiest steps in the process - I may have underestimated the work part in them bringing their ideas to lucrative fruition.
 How many times have you heard that one?
What should I expect from a consultation with an IP attorney? Would they be able to suggest something along the lines of "this is too vague, i would advise you to see an electrician and have them design the circuitry specifically" or is that responsibility left to the inventor? I have located an IP attorney through findlaw that I was thinking of contacting them for a consultation. Thanks again for sharing your expertise with me and Happy Holidays to you.
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JimIvey
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Quote from: Purple Mountain Gal on 12-23-08 at 07:39 pm What should I expect from a consultation with an IP attorney? Would they be able to suggest something along the lines of "this is too vague, i would advise you to see an electrician and have them design the circuitry specifically" or is that responsibility left to the inventor? I have located an IP attorney through findlaw that I was thinking of contacting them for a consultation. Thanks again for sharing your expertise with me and Happy Holidays to you.
To determine whether your application has met the requirement to enable one of ordinary skill in the relevant technologies often requires cooperation of the inventor(s) and the practitioner. In your case, it sounds like you're not terribly familiar with electrical engineering. However, it's not hard to find a practitioner who is familiar with electrical engineering who would feel comfortable in putting your invention in terms understandable to the ordinary electrical engineer.
But, you must understand that the technological expertise of patent practitioners is as diverse as are the technologies that can be patented. So, you should chose a practitioner that has the expertise you need. With that caveat, I'd bet your practitioner could write your application for you.
Incidentally, I use "practitioner" to mean "attorney or agent". I just get tired of typing "attorney or agent". I suppose "representative" would be okay, too.
Regards.
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