Inventions and Prototyping 1

[Japher]

I have an idea for an invention, as I am sure we all do, so I thought I'd start a thread to get general advice on how to get it made and to market.

For my current idea I have done the research and haven't found a patent on the idea already out there (prior art, or whatever). I've talked to an attorney, and they told me that you can't really patent something or try to until you have a prototype made or at least a clear idea of how it would be made and what advantage it would have over existing art. Not sure if that is true, but regardless I am not even sure if the idea is even patentable. However, I still want to make it.

So, I have most of the parts by reverse engineering a couple of similar devices that need to be crossed and add a few other things. Problem is, I'm chemical and I really need electrical knowledge to fill the void. I have been looking into a couple design firms that look like they can help, but I don't want to approach them without protection. I have been told to write everything you can about the idea in a notebook and have it notarized and to get a confidentiality agreement signed with the design firm.

Does this sound right?

 

[KENAT]

forum784 may already have info of use. I know the topic of patents has come up before but can't recall where.

KENAT,

Have you reminded yourself of faq731-376 recently, or taken a look at posting policies:

http://eng-tips.com/market.cfm?

What is Engineering anyway: faq1088-1484

 

[MiketheEngineer]

Talk to a patent lawyer - might cost a few thousand bucks - but will save your butt.

 

[IRstuff]

You need to find a PATENT attorney. Prototypes are not, and have never been, required. That's why there are so many "over-unity" inventions submitted and rejected each year.

You do, however, need to be able to clearly elucidate the improvements over the "prior art," since that's the only basis for getting a patent approved.

You do need to document in detail, dates, locations, descriptions, etc. Notarizing is one way, there may be others.

You do need a nondisclosure and noncompete agreement with whomever you chose to reveal your invention to. Any public disclosure prior to getting a patent squashes your invention's patentability.

TTFN

FAQ731-376

 

[jmw]

Some links that might help:

http://www.cipa.org.uk/pages/home

Chartered Institute of Patent Agents (UK)

http://inventors.about.com/od/servi...ional_Help_Intellectual_Property_Services.htm

http://www.patentstuff.com/patentlinks.htm

(US)

http://www.ipo.gov.uk/home.htm

(UK)

http://www.inventors.org/links.htm

(US)

http://www.eureka-club.org/

http://www.patentcafe.com/index.asp?body=support&page=downloads

JMW

http://www.ViscoAnalyser.com

 

[jmw]

PS be sure about patent law in your country.

In the US your employer seems to have rights to anything you invent whether it is related to your employment or their business or not.

US Ts&Cs of employment usually make this clear. You may need to be able to show that what you did was not done during your time at a previous employer if you are not now employed.... and especially to be able to show you did nothing on your (prior) employers time nor with any of their resources.
(Personally, I reckon this bit of nonsense is designed to ensure that a good few ideas remain buried - why make your employer rich and get nothing for yourself?)

In the UK you have an inalienable right to your own inventions if it was not part of your job spec. (but you are still entitled to profit from it though case history suggests £100 is a typical bonus, and have your name on the patent).

Inalienable means you cannot sign away your rights in an employment contract. It means, if your job isn't to design this invention, even if it is something core to the companies business interests, they must negotiate and pay you a fair deal. UK employment contracts can only require you disclose your idea to them so they can have first chance.... but get a non-disclosure agreement.

JMW

http://www.ViscoAnalyser.com