Need advice on what to do next

[Lindany]

Linda in New York...

OK....The prototype is done! Over a year in the making with all spec's/diagrams and video documented with dates. When taken out in the community, everyone that see's this invention wants one. It will require mass production and of course...everything costs money, which I don't have too much of. Without giving up too much info, this invention has multiple benefits, and with no intention of bragging....I can truly see every American household owning this unique piece of equiptment. From the research done so far, there are no patent's out there that resemble this product. My dilemma is...what do I do next? I'm afraid to show it to too many people, as I don't want them to try and copy it. How do people with new invention's raise money and keep the idea safe? I know it must be patented, but is there anything I can do in the meantime to protect it from being stolen from me, until I can come up with patent money?

Also...Once the invention is in a "Patent Pending" state, how does or will that protect it?

Thanks in advance for any advice,
Linda in NY

 

[divgradcurl]

I know it must be patented, but is there anything I can do in the meantime to protect it from being stolen from me, until I can come up with patent money?

The only way to keep it safe without a patent is to keep it secret.

If you are showing the object to manufacturers, then a nondisclosure agreement would at least give you some measure of protection. You'll want to work with a lawyer to draft a binding nondisclosure agreement.

Remember that if you have shown your invention to the public, you only have 1 year from the date you first showed the invention to thepublic to file for a patent.

Also...Once the invention is in a "Patent Pending" state, how does or will that protect it?

"Patent pending" provides no protection for an object -- it just provides notice to whoever sees it that a patent has been applied for, that's it. Until a patent actually issues, you have nothing enforceable.

If you file for a patent on your invention, then start to manufacture and sell the invention, it's possible that someone else could see your design and start making and selling their own version -- that's just a chance you'll have to take. Until the patent actually issues, you can't stop someone else from doing that. Of course, once the patent does issue, you can stop others from infringing on your patent.

Another way to help protect your invention is to "brand" your product with a name and logo -- if you are successful in getting your name and logo associated with this device, it may be possible to rely on your name to sell your product and limit competition, at least until your patent issues.

For example, think of Bayer aspirin. Anyone can make and sell aspirin -- but people still buy "Bayer" because they associate the name with a good product, even though you can get the identical product cheaper as a generic.

You should try and sit down with a patent attorney or patent agent, who can review your invention, advise you on how to go forward, and help you draft the necessary patent application.

 

[GaAtty]

You may already be too late, if you have been showing it to people without having filed at least a provisional application. Any one of the people that you showed it to could have filed their own provisional patent the next day. Why are you doing that? It may cost you your idea. As soon as you disclose in any manner to even one person, then your one year to file starts ticking. Instead of spending your time showing it off, spend your time earning money for a patent attorney and go to them quidkly or you will not have anything to patent because someone else will have taken your idea; and it will be because you voluntarily gave it to them.

 

[divgradcurl]

You may already be too late, if you have been showing it to people without having filed at least a provisional application. Any one of the people that you showed it to could have filed their own provisional patent the next day. Why are you doing that? It may cost you your idea. As soon as you disclose in any manner to even one person, then your one year to file starts ticking. Instead of spending your time showing it off, spend your time earning money for a patent attorney and go to them quidkly or you will not have anything to patent because someone else will have taken your idea; and it will be because you voluntarily gave it to them.

Not to nitpick, but what you've written isn't entirely accurate. The 1-year statutory bar only covers "public" disclosures -- disclosures under an NDA are not public disclosures for the purpose of 35 USC 102(b), and not all instances of a disclosure to a single person would be considered a public disclosure. Furthermore, the disclosure has to be "enabling" -- you have to disclose enough information so that someone else could "practice" the invention -- simply disclosing that the invention exists is likely insufficient.

And while someone else could try and beat you to the patent office to file a provisional or nonprovisional application, the U.S. has a "first to invent" system, not a "first to file" system. If two or more applications are co-pending, the patent office will open up an interference proceeding, and will determine who was the first person to actually invent the particular invention, and that person will be entitled to pursue their patent, even if they weren't first to the patent office.

I agree that the OP should get moving on filing at least a provisional application.