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improving an old idea
by landscaper » Tue Sep 11, 2007 6:26 pm
- landscaper
- White Belt
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My wife and I thought of an invention & since our patent search came back, we found there was some prior art but not a lot of it. I also checked the internet again and found some more products out there the same as mine. Mine has an approvement from the others or at least I think so. How do I know whether or not to go foward with it or not?I do not want to waste time or money if I dont have to. Thanks. 
by Work2XL » Tue Sep 11, 2007 8:04 pm
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Work2XL - Blue Belt
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Landscaper,
I remember a previous post that you where using a patent agent/attorney. Is this the same product? Did you get an evaluation on patentability? Prior art does not necessarily mean you can't still file for a patent. There are several things you need to answer for yourself. A starting point for me is. I assume it will cost a min of $8000 for me to have someone write a (reasonable) patent for my widget. (For $8000 I would be surprised if it would hold up in court.) Am I planning on licensing it or starting a company and making it and selling it myself. If I'm planning on licensing it, then I'd probably go the route that Roger Brown and Jim outline. (Do a Search for Roger Brown in the forum main page. Let someone else pay for the patent.) If I'm going to make it myself, then how many would I need to sell to make back my $8,000 + interest I'd lose paying off a loan, or from an investment? Does it really provide me any strategic edge? (If there are other items on the market like yours are they patented? If they are does your patent infringe on their patent claims?) Would your competitors retool to copy your design?
There are many more, but I start with these if the project passes the "Is it worth selling my motorcycle for?"
I remember a previous post that you where using a patent agent/attorney. Is this the same product? Did you get an evaluation on patentability? Prior art does not necessarily mean you can't still file for a patent. There are several things you need to answer for yourself. A starting point for me is. I assume it will cost a min of $8000 for me to have someone write a (reasonable) patent for my widget. (For $8000 I would be surprised if it would hold up in court.) Am I planning on licensing it or starting a company and making it and selling it myself. If I'm planning on licensing it, then I'd probably go the route that Roger Brown and Jim outline. (Do a Search for Roger Brown in the forum main page. Let someone else pay for the patent.) If I'm going to make it myself, then how many would I need to sell to make back my $8,000 + interest I'd lose paying off a loan, or from an investment? Does it really provide me any strategic edge? (If there are other items on the market like yours are they patented? If they are does your patent infringe on their patent claims?) Would your competitors retool to copy your design?
There are many more, but I start with these if the project passes the "Is it worth selling my motorcycle for?"
<p><em>Randy</em></p><p>work2xl@comcast.net</p>
Roger
by Roger Brown » Sat Sep 15, 2007 11:56 am
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Roger Brown - Black Belt
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Thanks for the comments Work2XL. If you plan on looking for licensing. I would approach the companies with the products you are saying you could improve with your addition.
Come visit my sites at http://www.RogerBrown.net
or http://www.looking2license.com
I have gotten 9 products licensed spending less than $100 on each, you can too.
or http://www.looking2license.com
I have gotten 9 products licensed spending less than $100 on each, you can too.
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