General Patent advice

[milkymonkey]

Hello, thanks for reading!

I have invented a new product which I would like to bring to market, it is a very simple idea, but after spending many hours searching existing patents i believe to also be individual.
I have approached 2 different patent attorneys/lawyers to quote to do freedom to operate searches etc and write up patent etc. However I was very surprised when the first company quoted 2-4k and the second 4-9k!
Firstly I was not expecting it to be so costly so is the correct kind of costs?, if so I will need to seek investment. Secondly If I attempt to get a patent, my product will become public, so can somebody just take my idea to another country a get a patent there before I can?:|
Thankyou in advance!

 

[David Warrilow]

Hello, thanks for reading!

I have invented a new product which I would like to bring to market, it is a very simple idea, but after spending many hours searching existing patents i believe to also be individual.
I have approached 2 different patent attorneys/lawyers to quote to do freedom to operate searches etc and write up patent etc. However I was very surprised when the first company quoted 2-4k and the second 4-9k!
Firstly I was not expecting it to be so costly so is the correct kind of costs?, if so I will need to seek investment. Secondly If I attempt to get a patent, my product will become public, so can somebody just take my idea to another country a get a patent there before I can?:|
Thankyou in advance!

Hi Monkey

I'm a patent attorney at London IP.

Firstly I was not expecting it to be so costly so is the correct kind of costs?, if so I will need to seek investment.

A freedom to operate search is always costly and it is very unusual for lone inventors to undertake them. Do you not mean a patentability search? See here for the difference:

http://www.londonip.com/patent_searching.html

Whether or not you have a patentability search done I would suggest that when filing a patent application you request the search (or search and examination - if you are seeking investors) on filing - you will get the search results back within around 4 months.

Costs for writing and filing a patent application will vary a lot from firm to firm and depending on the complexity of the invention. Costs increase with complexity. We have charged anywhere between £500 and £3000 for writing and filing a UK application.

Secondly If I attempt to get a patent, my product will become public, so can somebody just take my idea to another country a get a patent there before I can?

The application will be published around 18 months from filing. Once published nobody can apply for valid patent protection for the same invention in other territories.

Remember that you must file a patent applicaiton before any non-confidential disclosure of the invention.

If you'd like a quote for writing and filing the patent application (we generally offer fixed quotes) feel free to pm me.

Cheers

David

 

[Swisaw]

The application will be published around 18 months from filing. Once published nobody can apply for valid patent protection for the same invention in other territories.

But I fear others may make counterfits in other countries after publications A patent in a country can not protect the idea in another country, where the idea is not protected.

 

[leonchambers50]

Secondly If I attempt to get a patent, my product will become public, so can somebody just take my idea to another country a get a patent there before I can?

The right belongs to whoever applied for a patent first. Best to consult IP consultant. I wold recommend you to go for an EU patent first. Check the site of European Patent Organization there are tons of info http://www.epo.org/index.html I think they had a list of certified consultants on their site.

 

[leonchambers50]

But I fear others may make counterfits in other countries after publications A patent in a country can not protect the idea in another country, where the idea is not protected.

If you have a patent for the EU and USA for example anyone can manufacture and trade with your invention outside of US and EU but if they try to import it they have to pay you a license .

 

[milkymonkey]

thankyou all for your advice, looks like i will need a patenability search, i will be in touch!

 

[tomforex]

You can do a very good approximation of a search using google, obviously this won't beat a patent office search but will give you a very good idea. Having been through the patent process now 9 times i can assure you that unless you do everything yourself you can expect to pay in excess of 25,000 pounds (depending on complexity) plus yearly maintenance fees. Also when you apply for a European patent you have to pay by territory plus translation costs. I would recommend securing a UK patent and establishing a UK market before you considered launching into foreign territories. As a note patents are actually worthless. If someone wants to copy your idea they will and can do it. Its down to you to enforce your own patent/s and down to whoever has the deepest pockets as to who ends up controlling the market, so when your patent is filed you must ensure you have first mover advantage

 

[IP Consultant]

Given that you may have invented a new product, and you are intending to put a product on the market yourself, it is advisable to:

1. do a patentability search to indicate if your invention is patentable, and

2. do a patent infringement clearance search to indicate if putting your product on the market might infringe another person’s patent. (It is not always appreciated that it is possible to obtain a patent, e.g. for a spoked wheel, yet infringe another person’s patent, e.g. for the wheel per se).

Budgets for both searches depend how much time you would like to be spent searching the vast amount of patent (and possibly non patent) literature, and how much relevant literature requires further detailed consideration. However, as a guide, our charges for an initial patentability search or an initial UK patent clearance search could be up to £1000.

It is worth noting that our charges for drafting and filing a UK patent application along with a request for the mandatory UK IP Office patentability search of the invention tend to be only about £1500. I therefore often suggest this option rather than increasing the budget for a patentability search.

If you have any questions please do not hesitate to contact me.

Good luck

Matthew