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Originally Posted by southerndetail  I have these two great ideas but not sure where exactly to start, drafting, prototype or go into a lawyers office. |
Well, here is the scenario. Before, I used to think that if you had a patent, that meant that no one else could make the same product. That's not true. The only benefit to a patent, is if you do enforce it and take someone to court over it, it gives you an advantage. So the option to spend a lot of money to a patent attorney to write a patent and file it with the patent office is something you have to weigh out.
You "create" product x and patent it. I see what you have made and I copy your product and start selling it. The patent office, nor anyone else, polices the market, except for you. You would have to figure out that I'm selling a knock off of your product and bring suit against me. You would file for an injunction to force me to stop selling the product. Unless the product is an exact copy (blatant knock off), your chances of getting an injunction are slim to none. Now if I keep selling this infringing product after you have "put me on notice", and you end up winning, then I would be responsible for triple damages......."if" you win. In the meantime, you will be paying a bunch of attorney fees and I will stall and drag it out as much as possible. If I have lots of money, I can just keep dragging it out and hope that the attorney fees get the best of you and you can't afford to continue. If you can and it goes to court, you will most likely win (if you have a solid patent) and get damages. Depending on the situation and the product, they can be a LOT of money. Usually, it turns out to not be much at all.
Most people would just start making their product and try to make as much money as possible off of it before another company catches on and starts making it. If it's some little thing that won't be worth millions of dollars, this would probably be the smartest route. If you truly believe that it will be worth millions and you feel like you will be able to afford to enforce it, then find yourself a good patent attorney and he can guide you through the proper procedure.
It will probably run you about 10k to patent something, depending on how elaborate it is.
Have you done a thorough patent search to make sure that your idea isn't already covered by any patents? If it is something that you are going to pursue, you will want to start documenting stuff in case someone else is trying to patent the same thing at the same time. Hopefully you will have the "prior art", which will give you the advantage.
what are your ideas. or maybe you should get a patent first.(LAWYER)
Troy Armstrong
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