1/26/2011 8:57 PMhhgregg wrote:
Can you renew a patent and retain the rights to it or is everyone free to use my idea for what ever they choose? Sadly I tried to submit a patent a few years back to get it denied since someone else held a similar patent. I was a pretty big shock because I thought I had done enough research to make sure no one else had the idea. But that's life as an inventor, it gives me more motivation to make something even better.
6/22/2007 6:08 PM
Fred Ludovici wrote:
Vic, i have a question. I need to get a search for my product to see if it is out there, the patent attorney wants six hundered dollars just to do that. But i can deal with that, but in order to patent my invention it will cost six thousand dollars, ouch! Is this what i should do, i know the attorney will do it the right way to protect my product, is this what you have to go through, i need to know Freddy James ludovici. Reply to this
6/22/2007 6:21 PM
Victor the Inventor wrote:
A Patent can sometimes be un-important. As you have noticed, some of your ideas may have came to market by other people before you acted on your idea. You lost valuable time. I have created and put on the market several toys and games without ever having a patent. I came up with a good name for my products and trademarked them. Then went straight to market. Some ideas require patents, some don't. For example: A hamburger cannot have a patent. They just trademark the name of their company. If money is a factor and you need a patent. File for the Provisional Patent. Cost around $100. and will protect you for one year till you can get financial backing to proceed to a non-provisional patent. Which you must do within a year. The patent (Non-Provisional) for your invention will be defined by its claims. Each claim will be only one sentence but the number of claims you define should be specific and claim everything about your invention. The number of a claims you write may go on for several pages,. If it all seems to intense, than hire a patent attorney. If you can afford one. If not! What’s the loss. Either your invention sits in your closet or you file a patent that may need your claims amended after the Patent Office reviews it.
Good Luck and hope to see one of your ideas on the market within the year! Reply to this
Just wanted to ask: If I file a provisional patent, will it still have any relevance to my product/design if, after consulting with engineers, my product is totally redesigned. In other words, I have an idea which is feasible in my mind, but my have to be redesigned by an engineer after he/she has disproved my theory. Thank you for your time. Reply to this
10/4/2007 1:42 PM
Victor the Inventor wrote:
In my opinion I would have to say No.. but it is always up to the USPTO attorney.. here is my reasoning. The patent rules state: Although a claim is not required in a provisional application, the written description and any drawing(s) of the provisional application must adequately support the subject matter claimed in the later-filed non-provisional application in order for the later-filed non-provisional application to benefit from the provisional application filing date. In other words it should have the working parts and design. Good Luck and you can always call the USPTO office and talk with a patent attorney or agent for free. Remember you pay taxes. They work for you.. Reply to this
i have a design which is beyond my means of creating, but is quite practical and capable of being constructed. now my question is : would it be a good move to approach several manufacturing companies(all similar in production capabilities) with the design, in an attempt to negotiate a reasonable agreement. the design would be protected under a provisional patent application. do manufacturers work with independant inventors to create , market and distribute new products, all the while providing reasonable compensation to the inventor. victor, i thank you for your valuable time and i appreciate you creating this blog. word of it shall spread through me Reply to this
10/17/2007 11:10 AM
Victor the Inventor wrote:
Dino, I know of no one who as a company or a manufacturer that would just take your design which is only an idea as of right now and take the time to create, market and invest in it for you. Why? Because you have not proved it is a working design. Remember an idea is not an invention. Ok, that was the realistic answer. Now on a non-realistic approach; There is always the possibility someone might help you, but don't be discouraged if you run into a brick wall, keep trying. What I suggest you do when you set up a meeting with a manufacturer or client is have them sign a confidentiality agreement before you talk about your concept with anyone. This is so you are somewhat protected from them stealing your idea. Even though you have a provisional patent, that does not keep someone from taking your idea and changing it a little bit and manufacturing your idea. But if you are in a position where you will never be able to create your product because of your financial situation you may have no other choice. So, if that is the case, take your provisional patent application and your confidentiality agreement with you and knock on as many doors as possible, as fast as possible. Because you only have one year from the time your application was filed to file a non-provisional application which will require you to spend more money. If someone believes in your concept, you can negotiate that they pay the costs associated with the manufacturing process and the patent application. The answer you are looking for is; It is possible! And it is possible to negotiate a percentage of profits. If you do negotiate take the percentage from Gross sales. Not net sales… Net sales are after costs and expenses. It’s to easy to make up costs and expenses. So, you never receive a dime. If you do negotiate net sales you should always be paid a signing bonus.. If you have anymore questions on anything associated with your idea.. Wright me as many times as needed. I don’t want to see you fail and by that I mean; I want you to at least see your product finished.. So you can always be proud of what you accomplished.. You are only a failure if you never try… and I would be very disappointed if after all you did, you never accomplished what you set out to do…and that is create your invention. If nothing else you will have learned from your mistakes and your next invention may make you famous! That’s what I want to see…. You famous, then I can ask you questions! Ha! Good Luck and keep us informed on your progress on this message board and tell us a little bit about yourself… under “Tell us about yourself“. Victor Vic-Vincent Reply to this
11/14/2007 1:52 PM
danny wrote:
i have created a tool at work for extracting the smallest part in a piece of equipment.the manager likes it but others are telling me to patten it so the company don"t steal my idea Reply to this
11/14/2007 10:41 PM
Victor wrote:
As always you should contact a patent attorney about your idea. You can get a free consultation. I am unsure how complicated your tool is. After the consultation with the patent attorney if he suggests you only need a design patent. Then file it yourself. It only for the most part requires drawings and your co-workers are right. Protect your idea. Reply to this
I posted 2 message before and I was content with your honesty. Also, I am waiting for your next book to be available for sale. When is it coming out?
I found a competent attorney to file my n-provisional patent with the USPTO. He is charging about $6,600. to complete the claims and all documentations for electronic submission.
Question: I know that there will be a government action pertainning to filing my non-provisional, which will increase the total patent cost payable to the Shark + USPTO fees. In the initial stage, which measure can be taken to minimize government actions? Is there a source of information that can guide the applicant to what are the steps necessary to avoid multiple government actions?
Or am I at the mercy of the attorney who might be tempted to file an application to draw multiple government actions on purpose to charge additional fees beyond the $6,000.
12/5/2008 6:56 PM
Victor the Inventor wrote:
Welcome back John, Here's a trick: Go to http://www.intelproplaw.com and ask your question but leave out the part about a lawyer! An attorney or agent will answer your question for free! Let me know how it works out.. and my new book has been put off for a while; While I work on another venture... Reply to this
12/19/2008 4:55 PM
J. Allen Hewitt wrote:
I have a device I've been trying to patent for some time, but due to the nature of the device (Energy Production)it has been refused to even be considered because it is broadly classified as a perpetual motion device, though it is not, what can I do? Reply to this
12/20/2008 9:57 PM
Victor Vic-Vincent wrote:
I am not an expert on patents but my first question is who told you that? Was it a patent attorney/agent or the USPTO? Who classified it? Reply to this
12/21/2008 11:40 AM
J. Allen Hewitt wrote:
It was USPTO who classified my device as perpetual motion device and there is apparently a standard to refuse any attempt at even searches, my device acts in a manner contrary to the conservation of energy theory, and does produce an amount of electricity in excess to the amount that is consumed from the consumption via resistance & the load combined, but this is due to the creative combination of both mechanical and EM-physics, it does not create energy, nor is it without loosing its own due to established physics, but the fact that the patent clerks are ignorant dolts & I don't have enough $$$ for a lawyer I'm stuck, I need help !!! Reply to this
12/21/2008 2:12 PM
Victor Vic-Vincent wrote:
You applied for a patent and then they classified it? Or, you read this in the classifications? I need to know if a patent was applied for and denied on this classification and if a search was deemed unfile-able by an attorney.. and last and most important question........ Have you actually created this device or is it a theory on paper? Reply to this
12/24/2008 11:14 AM
J. Allen Hewitt wrote:
I had applied, it was denied even a search based on what the clerk recognized as being "Obvious & Non-Usefull", but further explained that certain devices that fall under the "Perpetual Motion" classification are automaticaly refused (A big wa$te of my $$$), as for if it really works, I only have two, one that runs a R.C. Truck & the other runs my electric bike, I don't have the $$$ to try to make one big enough to get my house off the grid persay or to make an electric car, nor do I have the ca$h for attorneys, thats why I wanted to patent before I let it out of the bag to get it developed, I was mabey hoping to attend the 2009 Minnesota Inventor's Congress in June(I think)or U.I.A. in Las Vegas, to get noticed, but I still need some form of protection !!! Reply to this
12/21/2008 12:36 PM
J. Allen Hewitt wrote:
For those who are not familliar with the theory/Law of Conservation of Energy...it states that the total amount of energy in an isolated system remains constant. A consequence of this law is that energy cannot be created or destroyed. The only thing that can happen with energy in an isolated system is that it can change form, that is to say for instance kinetic energy can become thermal energy. Another consequence of this law is that perpetual motion machines can only work if they deliver no energy to their surroundings, and that devices that produce more energy than is put into them are impossible. My device as I stated resembles the effects of a "Perpetual Motion Device", I'ts a closed system...(not having a suplimental power source) & it is self sustaining, but does not "create", just manipulates the free electrons to the benifit of the device. Reply to this
12/29/2008 12:45 PM
Victor the Inventor wrote:
Ok if you say applied and were denied, You can still create your product and sell it.. as long as your not infringing on someone elses product.. (I wanted to patent before I let it out of the bag to get it developed, I was maybe hoping to attend the 2009 Minnesota Inventor's Congress in June(I think)or U.I.A. in Las Vegas, to get noticed, but I still need some form of protection !!!) Well you could file for a provisional patent and be protected for a year till you work things out... but you must file for a non-provisional patent within the year. Reply to this
