To Patent or not ???

[Axkiker]

Hey everyone does anyone out there have experience with patents

I have a design for underwater led lighting..... Now im definitly not the first nor the last person who will be producing such lights so im currious if I should even look into a patent.

My product is slightly different than the competiton however underwater lighting is underwater lighting. You can only do so much to make it different.

the few players that are out there all have somewhat similar designs so im currious if any of them even have patents...

any thoughts

would be cool to just have a patent to hang on the wall LOL

 

[^Gurthang]

First place to check is the U.S. patent office web site. You can search for current and past patents.

Patents are issued on the basis of new or novel ideas and iterative improvements on existing or past patents.

The research is time-consuming and exhaustive to examine ALL relavent patents. If you think you have a patentable idea you can certainly apply for a patent.

Did I mention "patent attorneys"?

You'll need one:
if you want an objective opinion that your patent idea is indeed patentable
if you decide to apply for a patent
if another patent owner feels that your idea infringes on their existing patent

Hope you find this useful, good luck.

 

[Axkiker]

First place to check is the U.S. patent office web site. You can search for current and past patents.

Patents are issued on the basis of new or novel ideas and iterative improvements on existing or past patents.

The research is time-consuming and exhaustive to examine ALL relavent patents. If you think you have a patentable idea you can certainly apply for a patent.

Did I mention "patent attorneys"?

You'll need one:
if you want an objective opinion that your patent idea is indeed patentable
if you decide to apply for a patent
if another patent owner feels that your idea infringes on their existing patent

Hope you find this useful, good luck.

Well I guess im just trying to figure if the time is worth it.

Because I know there are a couple mfgs out there that are producing products that are almost identical. In fact I can think of 4 off the top of my head. All using the same technology and almost identical shapes and materials.

So with that said I wonder if its even worth my time trying to patent.

If I did and say found a company producing my design would I even have the capital to go into some big legal battle. If I did who is to say they just didnt change the design around slightly to get around the actual patent and be legal.... Then im wasting my time and $ again....

Just all thoughts I have had on the subject.

 

[mn_doggie]

I have a patent...was issued long enough ago that it has expired.

Depending upon the complexity, amount of prior art (other patents, etc.) be prepared to spend $10-20K to have something "cool to hang on the wall. "

Then again you may spend $10-20K and not be issued something to hang on the wall.

Do some homework on your own. There are plenty of free patent search engines. Try to find out if the other four companies have patents and research their patents.

Have fun.

 

[350xfire]

Yeah, you have to decide if you want to spend some major cash...

 

[Axkiker]

WOW I had no idea it was that costly...... You hear all the adds on TV about using these online patent sites etc for cheap.

 

[^Gurthang]

Doggie,

Good point about the $$$$$ involved. $10K is "lube" to get the wheels moving....

One ongoing problem [especially w/ this sort of item/idea] is proving that "your" idea is different enough from an existing patent to not infringe on it. There are law firms that exist just to pursue these finer points of patent law....

 

[CrowdGather]

You should only get a patent if you are doing something novel or completely different than the industry. Otherwise it is a waste of time. If you intend to sell flashlight in large volume then you should instead get a trademark on your brand name and get a domain name for your site that matches your brand if possible. You can also file a copyright on your design if you think it has a particularly distinctive look, but a patent is not going to be money well spent from what you have disclosed in this thread.

 

[Monocrom]

If your design is different enough from what's already out there, then go for a patent to protect your idea.

Just keep in mind the limitations of having one . . .

A big enough corporation based in America might steal your design anyway. If you complain, the guy in charge will just dare you to sue them. Their legal department will have more lawyers than you do, along with more resources. You'll likely win in a courtroom, but you might bankrupt yourself before a decision is handed down. And that's what the Big Cheese of the corporation is counting on. That, or you'll realize early on you can't afford to fight for your intellectual property.

-OR-

A company based in China will just steal your design. Produce a crappy version for less money. And make a nice profit. Knowing full well that a lawsuit from you is going to be taken as seriously as a Laurel & Hardy short film.

I still recall one veteran CPFer coming back to the site using an Alt. account. When an Admin. asked him why he was doing that, he responded he didn't want any more of his ideas stolen by companies in China. His Alt. account wasn't created for trolling purposes.

So yeah, get a patent. But be realistic about its limitations.