I am looking into applying for a design patent, and it looks really
technical and intimidating.
Does anyone here have any experience with doing this? Or does anyone
have any hints or recommendations for how I should proceed? It looks
like you only get one chance at it. If you screw up, you need to
re-apply, but you can’t re-apply for the same thing…
Help!! Please!
And before someone tells me to go to a Patent Attorney… I know
about Patent Attorneys, I just don’t have that kind of money. I’ve
checked out the package Legal Zoom offers, and even that is
expensive So, I thought I’d ask for help here first.
I am looking into applying for a design patent, and it looks
really technical and intimidating.... Or does anyone have any hints
or recommendations for how I should proceed?
This book looks like it would be helpful: Patenting Art &
Entertainment
Used copies are available at big savings.
I haven’t seen this book, but the NOLO books I have seen look good.
I am looking into applying for a design patent, and it looks
really technical and intimidating.
I’ll assume USA though many other countries have something similar
sometimes called by slightly different names. Design patents are
very simple and cheap (though not inexpensive). Generally under $2000
if you work with an attorney and under $1000 (the USPTO fees don’t
change) AND assuming you did a good enough job searching first to
reduce the chance of being rejected due to similar prior art. You
can read and follow the USPTO drawing rules yourself though hiring a
patent artist who knows them is what I would recommend.
But why a design patent instead of Copyright? A design patent is
only good for 14 years while a copyright is good for your lifetime
plus 70 years. The BIG catch with either is that YOU and YOU ALONE
are responsible through CIVIL suits to enforce either. For design
patents the one advantage is that you can (maybe and after much
expense) win for 14 years against those who innocently infringe by
accidentally coming up with essentially the same design while with
copyright EVERYONE who (the courts believe) comes up with the same
essential design has full copyright rights to it too.
You already own the copyright on your “design” (neither copyright
nor design patents ever protect any functionality, only “expression”
or "appearance so be sure you understand those limitations). You’ve
owned the copyright since it was in “fixed” form (whether drawing or
item). Before you can sue though you’ll need to file a registration
with the Library of Congress Copyright office. It’s cheaper online
than via paper and you can do it yourself. BUT you’ll need to
understand enough to use the proper form and proper examples
submission. Total cost of doing it yourself I should be under $45.
There is that future catch of enforcement though…
Study my sig links (assuming they aren’t cut off) for more.
Nolo has a section for Patent, Trademark, and Copyright. You will
have to decide whether you fit into copyright or patent. I recommend
these self help guides. It’s not as bad as you might think. A
provisional patent is cheap and gives you a year to see if anyone
wants to buy your idea.
Copyright law’s grip on film, music and software barely touches the
fashion industry … and fashion benefits in both innovation and
sales, says Johanna Blakley…
Hello james I have a patented jewelry product that I have been making
a living selling for the past several years; everybody that sees it
says “you’ve got to get this out there” In order to take a product to
mass market it requires much more money and organization than most of
us have at our disposal. Are there venture capital groups out there
who purhase or invest in small businessses, how can I find them?
It is extremely popular and I actually get tired of hearing that I’m
a genious for inventing it, at this point it is Bigger than what I
can do with it, I don’t know what to do with it or where to go ???
It is extremely popular and I actually get tired of hearing that
I'm a genious for inventing it, at this point it is Bigger than
what I can do with it, I don't know what to do with it or where to
go ???
Investors (including venture capital groups) are interested in
investing ina business that already has the structure in place. If
you have the idea, but no structure, and can’t put the structure in
place, your best choice is to license or sell your copyright or
patent to another business.
Your local small business administration can help. Try Angel
Investors a group of private individuals that you present your idea
to hopefully a ttract an investor. THESE ARE PUBLIC MEETINGS.They
can be contacted through your local small business administration.
So, I thought I’d ask for help here first.