Invention Question

[Lindany]

New York State - I'm in the process of applying for a patent on an invention that is already past the prototype and testing stage. Initially, a Patent Atty. had advised me to go "knock on doors" (i imagine to seek funding), and he now wants a "business plan", and presentation package which I am in the process of putting together. Haven't given him anything more so far than a consultation fee.

In the interim, I heard about a TV show called "Million Dollar Idea"....An American Idol type show where you submit your invention and hope to win the grand prize of a million dollars and assistance in getting your invention out in the marketplace. When I mentioned submitting an applcation for the show to my Patent Atty. he was against it and advised me not to, as he feels it may cause people who see the show to create a product similar to mine that may cause problems in the future (of course this is all under the assumption that my invention even makes it on to the show).

I guess what I'm looking for is opinion's. Do you think it would be dangerous to apply for the show? Would it make a difference if my Patent Application was filed prior to applying for the show? Is it safe to "knock on doors" without even a patent pending status? And finally, since my invention is already past the prototype and testing stages, should I bypass a Provisional or Non-Provisional Application?

Sorry for bombarding you with question's, and appreciate any advice.

Thanks,
Linda in NY

 

[divgradcurl]

Do you think it would be dangerous to apply for the show?

It seems that an answer to that question would depend on exactly what contracts the show requires you to sign.

Would it make a difference if my Patent Application was filed prior to applying for the show?

See above.

Is it safe to "knock on doors" without even a patent pending status?

Maybe. "Patent pending" doesn't really matter, it doesn't provide you with any protections, it just lets people know that you have applied for a patent. Nothing more.

What is of more concern is that you need to file you application for a patent within one year of your first public disclosure of the invention -- if you miss that deadline, you can't get a patent, period.

And finally, since my invention is already past the prototype and testing stages, should I bypass a Provisional or Non-Provisional Application?

If you are ready to file your patent, there is probably little reason to bother with a provisional application -- you can go straight to the nonprovisional application.

 

[divgradcurl]

Actually, I guess a bigger question (and bigger red flag) is why your "patent" attorney wants, or even cares about, a business plan or "presentation package"? Are you working with a patent submission organization, or with a legitimate patent agent or attorney working alone or for a law firm?