How to patent a product.

[MegademiC]

I have an idea that I can draw up well, maybe even auto or 3d cad it... Its an improvement of a current gun-related product.

Do I just draw it up and send it to a patent attorney? Its not going to make me big bucks, maybe a couple thousand at most... so I don't want to spend a lot.

Any suggestions?

[sewvacman]

I don't know that it would be worth it if the patent would only be worth a couple thousand. I looked into an idea I had 12 years ago and a company I talked to would market it to vendors and get the patent for me for around $7000 after I had done the cad drawings.
I had talked to an attorney who also warned of bigger companies being able to steal the idea and swamp the little guys' attorney's to the point that most little guys settle out of court for next to nothing just to stay out of bankruptcy. (I think LaRue went through that but I don't know the outcome)
Don't want to dissuade you but it might be worth selling off to a company that can do more with it. Better yet get a hold of a patent attorney who won't charge for a consultation.Go from there.
Just my 2c

[Safetyhit]

More than likely (but not necessarily) you would be best served financially to obtain and self-file a provisional patent. Also do your very best to research existing patents via a google patent search or similar reputable venue, then a use capable attorney if there seem to be any gray areas.

If feasible for you or you lack the time just have a good attorney do the search and file the provisional, however make sure you review everything he sends you regarding any similar patents or the lack thereof.

If all looks well the obtain either a design or utility patent through an attorney only, but make sure you do your homework first, again unless you can pay an attorney to do all the even most basic of searching and paperwork for you.

You will need detailed drawings, either by hand or computer, and a solid description as to what your product is and specifically what it is designed to do. Later you may need to clarify why it is that despite other similar patents yours is unique.

[MegademiC]

Okay, thanks guys. I want to sell the patent/idea to a reputable company that makes the current version of the parts, but want leverage to make sure I can negotiate a cut.

I'll look into a provisional. I already did a search and found zip on similar products. I'll dig deeper.

[Safetyhit]

Okay, thanks guys. I want to sell the patent/idea to a reputable company that makes the current version of the parts, but want leverage to make sure I can negotiate a cut.

I'll look into a provisional. I already did a search and found zip on similar products. I'll dig deeper.


A company that makes the current version? This sounds more like a design patent scenario rather than a utility one, if a patent is even obtainable at all. If the ideas are that close you'll have a hard time as far as obtaining any rights to the product, even with your specific design.

Either way licensing may be the best bet, however fully understand who will be helping you and how. Also I'd still properly file the provisional yourself if at all possible since any group you choose to work with will likely overcharge you to do it on your behalf.

[FromMyColdDeadHand]

For a couple of grand in profit? Unless you want to be able to say you have a patent, I wouldn't even waste the time. Go ahead and file the provisional and shop the idea around and get the adopter to buy AND PROTECT the patent application.

All the patent stuff has changed, isn't it like $5k to file a full patent application? And we are only talking about the US. You have the world patent and then a bunch of other smaller areas. I was dealing with this at work the other day, I forget the details, but to globally protect a patent- and keep the protection current, was like over $100k per patent. That might have been direct fees, plus lawyers fees.

For something worth a couple of grand, you'd be better off using those resources in marketing the product and making sure people know you are the original and best.

Patents are for show, marketing is for dough.

[Safetyhit]

For a couple of grand in profit? Unless you want to be able to say you have a patent, I wouldn't even waste the time. Go ahead and file the provisional and shop the idea around and get the adopter to buy AND PROTECT the patent application.

All the patent stuff has changed, isn't it like $5k to file a full patent application? And we are only talking about the US. You have the world patent and then a bunch of other smaller areas. I was dealing with this at work the other day, I forget the details, but to globally protect a patent- and keep the protection current, was like over $100k per patent. That might have been direct fees, plus lawyers fees.

For something worth a couple of grand, you'd be better off using those resources in marketing the product and making sure people know you are the original and best.

Patents are for show, marketing is for dough.


The cost of the patent is often relative to the complexity of the item, with a reasonably priced attorney charging roughly $3k-$5 to patent a fairly simple design. If you do the provisional yourself that should come down to about $3,000+ maximum, again for a simple design. If we're talking about numerous components or internal functions that figure will probably rise.

If it's too close to another patent or even existing unpatented product the attorney may advise against stating that the application you pay him for will likely be rejected, although like a doctor it may be best to obtain a second opinion if possible.

[MegademiC]

Alright, this is way more over my head than I thought... I might call a patent attorney tomorrow and see what he says... I really have no clue how much I could make from it, but its a solid concept.

I want to hand company x, y, and z my drawings, and whoever wants to make it can kick me some money and use my idea, but I don't want them to be able to make it for free.

[96 SS]

I have a fair ammount of "unqualified" experience with patents both from a corporate strategy perspective and now small business filing angle.

I'm more than willing to give you more info if you would provide more details, but from the 10,000' level it's not going to be worth your time and money.

If you want more info let me know.