Opinion needed regarding to an idea

[tomandjerry]

What is the name of your state (Michigan)?

Hello everybody, I will start off with mentioning that all I am looking for is some simple advice.

So here is the scenario: I have an idea regarding to an auto industry. I also understand that one can't simply patent an idea. Therefore, I am working with a friend of mine to make that idea come to life by making a prototype. It is an idea that we can see becoming a law, not just in Michigan, but throughout the country. So a few simple questions. First one, should I actually hire a lawyer after the prototype is done or should I try to do the patenting procedures on my own? Second question, how much should I be ready to invest in the lawyer? My budget is strictly low, but I can find investors if needed. Third, if I somehow end up getting the idea/invention patented, how should I go on trying to sell it to either the government or the big three? I am not trying to be greedy or claim to be genius but this idea would be worth millions, so how do I propose? And sorry for not giving out any details about the actual idea, but until I have it patented, I believe that it would be safe to keep it a "secret". If any of you guys are actual lawyers or people with patenting history, then please feel free to share your knowledge. Thank you in advance!

 

[justalayman]

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First one, should I actually hire a lawyer after the prototype is done or should I try to do the patenting procedures on my own?

are you capable of writing, researching, and shepherding the patent applications? If not, hire a lawyer or patent agent to assist you. There are many ways to write an application; some good, some bad. If you have a poorly written app (and subsequent patent), it may not actually afford you any real protection of your idea.

Second question, how much should I be ready to invest in the lawyer?

that depends a lot on what has to be done. Generally somewhere between $1 and $1,000,000 would be a good ballpark.


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Third, if I somehow end up getting the idea/invention patented, how should I go on trying to sell it to either the government or the big three?

the gov isn't going to buy it and to get the big three interested, you have to market to them.

Be sure to research the guy that invented delay windshield wipers.

what it sounds like though is more of something you believe will be mandatory in vehicles some day. If you go that route, you have to be able to prove to the government there is a reason it should be mandated to be included in every vehicle. Then they make everybody buy it and put it in the cars they make. It is difficult to do that unless you have tons of money for studies and testing and whatever it takes to convince the gov to accept your claim. Until that point, often times new inventions are marketed to the manufacturers but unless they place a value on it being in their car, they aren't likely to spend the money to do it. You do get some "forward tech" companies that put things on their cars simply because they are a good marketing tool or it makes them unique in some way the eventually become mandatory. The various airbag systems, seatbelts, and various other systems come to mind. I see Audi and a few others with some headlight systems that might eventually be mandatory but right now, they are simply selling points that set them apart from other manufacturers. They could use more commonly known lighting systems and be in compliance with the law but using something new, high tech, and cool works for the marketing people.

Heck, at one time exterior lighting systems weren't even required but look now...everybody has them and they have to have them.

I am not trying to be greedy or claim to be genius but this idea would be worth millions, so how do I propose? And sorry for not giving out any details about the actual idea, but until I have it patented, I believe that it would be safe to keep it a "secret". If any of you guys are actual lawyers or people with patenting history, then please feel free to share your knowledge. Thank you in advance

there are a few people here that are quite knowledgeable in this area. There is a poster (that I have not seen around for quite awhile) that actually is an attorney in the field of IP law and has a vast amount of knowledge in the area and has often shared it.

You are correct in keeping the device secret. It does not typically require a disclosure of the product to get the advice you are seeking, at least at this point of the journey. At some point you will end up disclosing information (when the patent app is made) so you should choose wisely who the info is available to prior to that point. Since the law has recently changed from a first to invent to a first to apply system for patents, to me, makes it much easier for an entity with a lot of money to steal an idea and make it their own. (not sure what the gov was thinking with that decision)