poor man inventor

[cananyonehelp]

What is the name of your state?What is the name of your state? texas

I invented something a few years ago, but my income has prevented me from get a patent on it. Are there any law firms that take on patents for a cut of the profit? I’m not talking about those you see on TV I don’t trust that kind.

Another problem I ran into when trying to file myself was that it asks what improvement you have made to an existing patent. The thing I wish to patent is not on the market. Me and my wife spent alot of time at the patent library at Rice University, in our search we found nothing like it.

How technical do you have to be in your description when filing a provisional patent?

If you use say for instance an electric motor in your patent. Do you have to invent your own electric motor? Or can you use one you picked up from a local electronics store?

Any help that can be given would be greatly appreciated

 

[divgradcurl]

invented something a few years ago, but my income has prevented me from get a patent on it. Are there any law firms that take on patents for a cut of the profit? I’m not talking about those you see on TV I don’t trust that kind.

You are wise not to trust those invention submission groups on TV -- they are largely scams.

I am not aware of any firms that will file a patent for a cut of the patent, but there may be some out there. Law firms are the most expensive way to go, generally. You may be better off seeking a patent agent who might be able to help you. Patent agents can file for and obtain a patent for you, but, since they are not attorneys, they are usually cheaper. You can search for an agent in your area here: http://www.uspto.gov/web/offices/dcom/olia/oed/roster/index.html

You could also file the patent yourself, but it would require quite a bit of self-study if you haven't done it before. If your patent is potentially worth something, its probably a good investment to get a professional (a patent attorney or patent agent) involved to ensure that you get a patent that really covers what your think it covers.

Another problem I ran into when trying to file myself was that it asks what improvement you have made to an existing patent. The thing I wish to patent is not on the market. Me and my wife spent alot of time at the patent library at Rice University, in our search we found nothing like it.

This question is simply inquiring into the potential patentability of the subject matter of your invention. This question is worded the way it is because MOST inventions are not completely novel. I am not familiar with the current forms (I work for a firm where we have a staff to do the actual paperwork); if the form requires a response to this question, it is likely sufficient to simply say that it does not improve upon any existing patented work, but is instead a completely novel invention.

How technical do you have to be in your description when filing a provisional patent?

In general, not that technical -- however, you need to disclose EVERYTHING that you intend to put into your real application -- any "new matter" in the nonprovisional application will NOT get the benefit of the filing date of the provisional patent.

The actual requirements for a provisional application are given in 37 CFR 1.53:

"(c) Application filing requirements - Provisional application. The filing date of a provisional application is the date on which a specification as prescribed by the first paragraph of 35 U.S.C. 112, and any drawing required by § 1.81(a) are filed in the Patent and Trademark Office. No amendment, other than to make the provisional application comply with the patent statute and all applicable regulations, may be made to the provisional application after the filing date of the provisional application."

35 USC 112 Paragraph 1 states:

"The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention."

and 37 CFR 1.81(a) states:

"(a) The applicant for a patent is required to furnish a drawing of his or her invention where necessary for the understanding of the subject matter sought to be patented; this drawing, or a high quality copy thereof, must be filed with the application. Since corrections are the responsibility of the applicant, the original drawing(s) should be retained by the applicant for any necessary future correction."

Basically, if you are going to try and do any of this yourself, get used to using the on-line Manual of Patent Examining Procedure, MPEP: http://www.uspto.gov/web/offices/pac/mpep/mpep.htm

If you use say for instance an electric motor in your patent. Do you have to invent your own electric motor?

No.

Or can you use one you picked up from a local electronics store?

Yes.

You should call around to various patent agents in your area -- you may be suprised at how cheap some of them are willing to do the work. Realize that the fees alone may be as much as $1000 even if you do it yourself.

 

[cananyonehelp]

Just when I lost faith in this forum….

Thank you so much for your time and your concern of my questions. This forum was getting me down. I've been a shade tree mechanic most of my life. If I see someone broken down on the side of the road, I stop and help them anyway I can. Why? I care if they make it home

Thanks again for being an asset to this forum

 

[gryndor]

Just when I lost faith in this forum...

See... all you had to do was follow the rules and keep all your posts together.

 

[poortabiluky7]

Awesome Info.

This information was very helpful even though it's been 10 yrs since this was posted. Thank You!!!
Have a product idea in mind and looking to put it in action. poortabiluky7

You are wise not to trust those invention submission groups on TV -- they are largely scams.

I am not aware of any firms that will file a patent for a cut of the patent, but there may be some out there. Law firms are the most expensive way to go, generally. You may be better off seeking a patent agent who might be able to help you. Patent agents can file for and obtain a patent for you, but, since they are not attorneys, they are usually cheaper. You can search for an agent in your area here: http://www.uspto.gov/web/offices/dcom/olia/oed/roster/index.html

You could also file the patent yourself, but it would require quite a bit of self-study if you haven't done it before. If your patent is potentially worth something, its probably a good investment to get a professional (a patent attorney or patent agent) involved to ensure that you get a patent that really covers what your think it covers.



This question is simply inquiring into the potential patentability of the subject matter of your invention. This question is worded the way it is because MOST inventions are not completely novel. I am not familiar with the current forms (I work for a firm where we have a staff to do the actual paperwork); if the form requires a response to this question, it is likely sufficient to simply say that it does not improve upon any existing patented work, but is instead a completely novel invention.



In general, not that technical -- however, you need to disclose EVERYTHING that you intend to put into your real application -- any "new matter" in the nonprovisional application will NOT get the benefit of the filing date of the provisional patent.

The actual requirements for a provisional application are given in 37 CFR 1.53:

"(c) Application filing requirements - Provisional application. The filing date of a provisional application is the date on which a specification as prescribed by the first paragraph of 35 U.S.C. 112, and any drawing required by § 1.81(a) are filed in the Patent and Trademark Office. No amendment, other than to make the provisional application comply with the patent statute and all applicable regulations, may be made to the provisional application after the filing date of the provisional application."

35 USC 112 Paragraph 1 states:

"The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention."

and 37 CFR 1.81(a) states:

"(a) The applicant for a patent is required to furnish a drawing of his or her invention where necessary for the understanding of the subject matter sought to be patented; this drawing, or a high quality copy thereof, must be filed with the application. Since corrections are the responsibility of the applicant, the original drawing(s) should be retained by the applicant for any necessary future correction."

Basically, if you are going to try and do any of this yourself, get used to using the on-line Manual of Patent Examining Procedure, MPEP: MPEP8 E8R8 (July 2010) - Table of Contents



No.



Yes.

You should call around to various patent agents in your area -- you may be suprised at how cheap some of them are willing to do the work. Realize that the fees alone may be as much as $1000 even if you do it yourself.

 

[TheGeekess]

This information was very helpful even though it's been 10 yrs since this was posted. Thank You!!!
Have a product idea in mind and looking to put it in action. poortabiluky7

Please don't necropost.