We Are New

[RSPatten]

What is the name of your state?NEW HAMPSHIRE

OK WE ARE NEW TO THIS AND WE HAVE CONTACTED PATENT AND TRADEMARK INSTITUTE OF AMERICA. THEY WANT US TO PATENT OUR PRODUCT THREW THEM! I LOOKED THEM UP ON THE BBB AND THEY LOOK LEGIT TO ME! WE HAVE TALKED FOR HOURS ON THE PHONE WITH THEM THEY HAVE GONE THREW THE PROCESS AND SUCH WITH US. MY SISTER SAYS THEY ARE THIEVES. SHE ALSO SAID THAT ONLY 1% OF PEOPLE WHO SUBMIT WITH THEM GET MANUFACTORS TO INVEST WITH THEM. PTI TOLD US ONLY 1% OF INVENTORS DON'T GET ANY LEADS! WHICH DO YOU FIND TRUE? THEY ALSO TOLD US THAT IF WE DON'T GET ANY MANUFACTORS TO INVEST THE WILL SEARCH FOR US FOR FREE TILL THEY GET ONE! THEY ALSO TOLD US THAT THEY DON'T INVEST ANYTIME OR WHAT NOT ON INVENTIONS UNLESS THEY ARE SURE THAT IT WILL MAKE OVER $100,000 A YR! IF WE DON'T TAKE A CHANCE THEN HOW DO WE KNOW THAT IT WOULDN'T OF WORKED OUT? MY SISTER ALSO SAID THAT(NOTE SHE ISN'T A LAWYER JUST SOMEONE WHO THINKS SHE KNOWS EVERYTHING)MOST COMPANIES LIKE THE ONE WE HAVE TALKED WITH STEAL YOUR PRODUCT! ALSO WANT TO KNOW WHY YOU CAN'T RENEW YOUR OWN PATENT AFTER 20YRS?

ANY ANSWERS OR INSIGHT WOULD BE MOST APPRECIATED


RSPATTEN

 

[divgradcurl]

Please edit your post into something without all caps please.

That said, your sister is probably closer to the mark than you are. Usually these patent and incetment groups are scams -- they charge you a lot up front, then don't really do anything for you -- if your patent happens to hit is big, then they take a big cut.

The facts is, most patents aren't really worth all that muchSome are, certainly, but most aren't. And who knows if your "invention" is even patentable? Have you done the research to determine whether or not your invention is really new and novel?

Go ahead with these guys if you want -- I don't know for certain that they are scammers, so who knows, maybe they are legit. But anyone that tells you only 1% of their clients DON'T get a manufacturing gig is lying, pure and simple -- the patent office doesn't even give patents to 99% of the applications they recieve. And beyond that, getting a patent and getting someone to "productize" the patent are two different things.

Finally, you can't renew ANY patent, period. All patent expire 20 years after their earliest effective filing date -- any longer than that requires an act of Congress. So its not just that an individual can't renew a patent -- nobody can.

 

[RSPatten]

Responding

New Hampshire

Ok, then. How do I go about looking if the invention is new or novel? I have done some reasherse on the internet and can't find anything that is remotely close to what we have built! The guy that we have spoken too also has looked to see if there is one out there like it. So, please just direct me in the right direction on where I can see if the invention is patentable!

Thanks

 

[divgradcurl]

You can check the USPTO website, www.uspto.gov, and search the database of issued patents to see if there is anything out there like what you've invented. A full patentability opinion can be doen by a patent agent or patent attorney, but the price will vary depending on the type and complexity of your invention.

In addition, you need to make sure that you have completed both steps in the inventive process -- conception (the idea) and reduction to practice -- actually building a prototype, or getting the conception definite enough so that you could tell someone else how to construct the invention.

 

[RSPatten]

New Hampshire

Ok, I looked under the web site that you suggested. There is nothing in there that is remotely close to what we have designed. Also, we have built one and it does work. I also have drawn blue prints for it, to the smallest detail. Now, the company that we have spoken too said their lawyers will give them the yes or no. But, do you suggest that we hire our own lawyer?

Thanks

 

[divgradcurl]

If you are going to go through one of these patent submission groups, then no, you won't need your own lawyer, because they'll do everything for you. That, and because they probably wouldn't want to get involved with you if you had your own legal counsel -- your lawyer might want to have a little peek at their one-sided contracts...

If you want to try and get your patent on your own, then you'll most likely want to hire a lawyer or agent to draft your application and get your patent for you. Patent agents (who are usually not lawyers, although I guess they could be) can get a patent for you, and will be cheaper than a patent attorney.

Just out of curiosity, what are they charging you for the patent?

 

[RSPatten]

New Hampshire

They are charging a one time fee of $795.00 to run searches on the product, portfolios, blue prints, contracts, and find manufactors. There is probably more but I can't remember right now. What do you mean by one sided contracts? We have talked about calling the company and letting them know that we are going to get our own lawyer to make sure everything is going the way it should. I will let you know what they tell us. lol. The guy we talked to didn't say he was a lawyer he said they have lawyers that they hire to do all the legal matter. Now I am not a lawyer and I would like a lawyer on my side that I trust to read threw all the paper work before we sign our lives away. You have never heard of Patent & Trademark Institute of America? They are out of New York?

 

[RSPatten]

New Hampshire

Ok I have one more question for tonight! Is it true that if you take pictures or draw blue prints and mail them to you self that if for any reason you are scamed out of you invention that you can take this to court with you and have the judge open it that it can prove that you invented it first?!


Ok I hope that made sense!

Thanks

 

[divgradcurl]

They are charging a one time fee of $795.00 to run searches on the product, portfolios, blue prints, contracts, and find manufactors. There is probably more but I can't remember right now.

I was actually wondering what the cost of the entire patent would be.

What do you mean by one sided contracts?

Well, if you are getting a patent prosecuted for less than, say, $3500 or $5,000 (which is about what an agent would charge in many areas of the U.S. to obtain a patent on a not-too-complex mechanical or electrical invention), then there must be something else in it for the submission corporation. I've heard of submission corps charging about the same, or more, than an agent would to obtain a patent, then, on top of that, taking an interest in the patent itself -- so not only do they charge you the same as what you would have gotten charged if you had done it yourself, but then if the patent is worth something, they get a cut.

he guy we talked to didn't say he was a lawyer he said they have lawyers that they hire to do all the legal matter. Now I am not a lawyer and I would like a lawyer on my side that I trust to read threw all the paper work before we sign our lives away.

It's a good idea to obtain your own lawyer -- even if the other guy was a lawyer, he represents the company, not you, so wouldn't be acting in your best interests. Doesn't mean he would be trying to rip you off, just means that he is not your advocate, he's the company's advocate.

You have never heard of Patent & Trademark Institute of America? They are out of New York?

I don't really follow these different patent submission groups, because what I have heard is that they are largely scams. You can obtain a patent yourself by working with an agent; if your patent is good, you shouldn't have too much trouble getting industry interested. If your patent isn't really worth anything, these submission guys aren't goona change that fact, no matter how much they promise. So I'm suspicious, let's put it that way.

Anyway, before you plunk down your money, read the stuff here: http://www.uspto.gov/web/offices/com/iip/data.htm#LicensePromotion

There are a few complaints listed for your organization. I looked at a couple, and it looks like they are asking something like $5000 just to get a provisional filed. Just FYI, that's a lot. A whole hell of a lot for what you get. First off, you could do a provisional application BY YOURSELF with a couple of hours (or maybe less) spent clicking through the USPTO website and another couple of hours writing up the app and preparing the drawings, and that would only cost you filing fees (which you have to pay anyway, regardless of who does the patent).

Further, you should be able to get an issued patent for that amount of money. I did a quick search of patent agents and prices on Google, and this page popped up: http://www.jvsinventions.com/fees.htm. Note: I have no connection with this guy, I have no idea who or where he is, I just Goolged him as an example, and the prices seem in line for what a solo agent will charge. A patent attorney will be more expensive, and not necessarily of any benefit to you at this point, but if you can find one to work with and the price is right, go for it.

Just to give you some ideas. My firm (which is a large firm, and on the very expensive side) could get a patent application filed for $5,000 -- $7,500 -- and that's a full-blown nonprovisional application for a reasonably complex electrical or mechanical technology, not a simple provisional application that you have to convert to a nonprovisional within a year anyway. It would probably cost another $3,000 -- $5,000 to get the patent actually to issue, but, again, my firm is pretty expensive -- a solo agent could do it much cheaper.

So, $5,000 seems like a LOT of money for a provisional application and some marketing mateirals. If you still want to go with these guys, fine, but make sure you do so with your eyes open.

 

[RSPatten]

New Hampshire

Ok, my husband and I decided to go and do a patent on our own instead of going through a company that might steal our idea! I have contacted the real patent company of america and will be sending them out our paper work needed to start the process! My next question is where do we go from there? How do we get in contact with manufactors? Any suggestions will be helpful


Thanks

 

[divgradcurl]

My next question is where do we go from there? How do we get in contact with manufactors?

I'm sure if you use Google you can find forums, conferences, etc., that are designed to help inventors meet up with potential manufacturers and distirbutors without having to go through a middle-man.

The patent office has some suggestions as well: http://www.uspto.gov/web/offices/com/iip/data.htm#FinanceInvention

It probably wouldn't hurt looking through some of the inventor's resources on the USPTO website as well, just to get an idea of what it takes to get a patent and what the steps are,.