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MenuHow can I get help with a prototype and patents on my idea or inventions?
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If you want help, I can get Marvin Weinberger (founder of patented tools company InnovationFactory.com) on a call - I won't charge extra, since I'll just be facilitating the conversation. Let me know if you want me to set that up.
In terms of prototyping, it depends on the product. If you let me know on the call I'll follow up with resources. For example, if you need a simple, small prototype, you might be able to build it yourself in a local facility (ie: NextFab in Philadelphia). If it's more advanced, there are prototyping resources out there, but they vary based on the type of product.
For simplicity sakes, try Quirky.com
For DIY: first step is being afraid of sharing your ideas. Research has proved that ideas are a revolving cycle among many, before you had it chances are a few people already did and didn't pursue it or failed at it. It seems people don't typically steal ideas, because they are hard to pursue, they don't instantly mean wealth, and thus don't.
But what is guaranteed is that if you don't share your ideas with others, you will too fail in bringing them to life.
Parenting in itself costs a lot of time and money, depending on the idea or "invention" you might better off producing and implementing with a growth hack marketing effort for quick adoption and sales and through sales fund your patenting. Is risky but is often done. First to market goes a long way, sometimes more than parents themselves because a clever firm will always tweak to work around that. - take a what's going on with GoPro right now...
God bless and best of luck!
Humberto Valle
www.unthink.me
This is impossible to answer without more information. Sorry.
I have expertise in both areas, but don't even know the area of technology, team strengths, cash position, etc.
If this is a physical product that you're talking about, for the prototype, hire a mechanical engineer. I know several which specialize in startups and prototyping.
A quality engineer will not only have experience in the processes your product will need to be prototyped AND mass produced, after you have proved your concept, they will be able to provide you with REAL DFM (Design For Manufacturing), a BOM (Bill of Materials) and a PRD (Product Requirements Document).
In other words, everything you need to contact manufacturers and produce your product. Even if you are planning on licensing your idea or just looking for funding, actually knowing a little about how to make your product will go a long way.
Most mechanical engineers know and can present you to independent electrical engineers and other experts to help bring your idea to life.
This does require an investment but, if you have done your preliminary market research you should have a feel if the benefits are worth the risk.
Before even thinking about a patent, consult an IP lawyer. Just Google some in your area and call for an initial interview. You may be surprised to find that maybe you don't need to worry about a patent right away. I've done some eye opening interviews with IP lawyers on this subject.
Ask them the question, "when am I not ready for a patent?"
Here are a few links to articles I've written on both of these subjects...
https://www.aireplastics.com/first-prototype/
https://www.aireplastics.com/how-to-hire-for-engineering-design/
https://www.aireplastics.com/top-10-before-patenting-invention/
I hope these help!
Related Questions
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How can I sell my app idea, and do I need to get it patented?
This is a little hard to answer because it is so vague. It depends on the area, the market and the strength of innovation. I know that The App Guy has a terrific podcast at http://www.theappguy.co/ and is also trying to organize a community for App developers to sell their ideas. Let me know if I can be of further assistance to discuss patentability in terms of its value to getting a sale or license. What ever you do, don't spend money filing a full patent, just a provisional. Good luck.Tracy HazzardTH
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Can a provisional patent act as a catch-all?
A provisional patent is good for two things. It is a date-stamped proof of invention and gives you time to determine whether to incur the cost of filing a full patent. Yes, so long as the individual component pieces you think are useful are sufficiently described in detail within the one general application, it sets you up to later claim utility patents for any and all of these, providing they really are unique. But in general, I would really caution you from spending time and money to file patents for a software company. I've built many innovative software products over 20 years of work in our industry and only filed one patent in my life, and even that patent is only to protect people from abusing a truly transformative and world-changing technology. That said, a provisional patent is inexpensive and if any expense is going to be incurred here, a catch-all is sufficient if you feel inclined to file anything at all. If your goal is an acquihire or acquisition, utility patents do actually make a difference in the acquirers valuation (at least for now) but if you're thinking about it from an actual defensive perspective, I'd really advise that it's not worth your time (and distraction) and money. The best defence is a great offence. Scale up, get great engagement from users who love your product and you'll be in a much stronger to fight competitors. Lastly, if you do decide to file a provisional patent, don't claim to anyone that you have I.P. You don't. :) Happy to talk through this in a call with you. Best of luck!Tom WilliamsTW
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Where do l go to sell my patented idea?
First of all, what you have is a provisional patent **application**. For now, the provisional patent application is not publicly available. This can be a big advantage to you. You can use this time to improve your invention and file additional provisional applications. If you don't plan on making/practicing the invention yourself, you should make sure to try to think of everything possible regarding how that invention can be improved. This would (hopefully) come naturally to a practicing inventor. When you file your non-provisional application, your disclosure will be made public ("published") 18 months from the filing of the non-provisional. While your applications are not publicly available, I suggest waiting until you file your non-provisional application(s) to talk to others. Quite often, provisional applications do not have the detail or the scope that the non-provisional will have -- due to the time spent on getting drawings accurate and making sure everything is included in your non-provisional applications. It is best to have a complete application before talking to practicing companies. Sophisticated companies will take advantage of information not disclosed in your provisional application to file their own patent applications. If your applications are not publicly available (or even they are published), you should sign confidentiality agreements (non-disclosure agreements) with anyone you talk to about licensing or buying your invention. Keeping track of who you talked to with confidentiality agreements can be the basis for "notice" of the invention by an infringer -- when they eventually steal your invention. You can sell your idea anytime, but a provisional application is worth a lot less than a non-provisional application which is worth less than an allowed application or issued patent. Provisional applications are generally not as complete as they could be -- and require additional time and finesse to complete the non-provisional application. In terms of appearances, if you are not willing to put in the money to file the non-provisional application, the invention is likely not worth that much money. Companies as well as non-practicing entities may look at provisional applications, but not for long, and will not give you the kind of money that you may get from selling a fully examined patent. Of course, it depends on how good your invention is.Amy PearsonAP
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Can i create and sell my invention before filing for a provisional patent and maintain my rights to the invention?
The answer is yes, but it always depends. Let me begin by saying that the more knowhow, etc. involved, the easier it is to sell something without any patent protection. Otherwise, you are trying to sell something without protection and you get no protection until the patent issues, which may take years. The acquirer may just run with it (I would) without licensing knowing there is no cost until your patent issues. Then, when you file, they will see your claims and try to modify their product around your claims. It is slightly vicious in nature. That said, I may not act much different if you file first, unless I can buy your patent or the license costs are very inexpensive. Secondly, many countries have absolute novelty and you will not be able to protect your invention there ever, even if a licensee arises and wants to enter those markets. This too, is a serious limitation for licensing. My conclusion would be that you are underfunded to address your IP and that I can get away with murder. Filing the application is your way of telling people that you are serious. That said, it is not necessary and I have a lot of clients that file later or never file.Gordon FreedmanGF
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Should I be worried that a potential client wants us to guarantee that we will cover the litigation costs if they are sued for using our software?
I am a patent attorney generally on the patent owner's side. Signing such a clause should make you nervous. You don't want to be responsible for the major company's infringement. The major company is likely getting more benefit out of using your software than your company is making by selling licenses. The previous gentleman's answer is incorrect. Anyone can be sued for patent infringement if they make, sell, or *use* the claimed invention. It depends on the claims in the asserted patent. Based on experience, it's much more likely that the larger entity would be sued for infringement. A patent infringement case could cost anywhere between $350k-$5M+ USD. http://www.cnet.com/news/how-much-is-that-patent-lawsuit-going-to-cost-you/ In order to properly answer your question, I would need to know why you feel it's "very unlikely" that someone would sue the major company for using your software. If the major company won't back down on this provision, the best thing you can do is determine if you need IP (defense) insurance. If a patent attorney determines that it is necessary, raise the price of your license and get IP insurance.Amy PearsonAP
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