To Patent or Not?

[Charles Henderson]

I originally posted this at Woodturner's Resource yesterday, but I really need as much feedback as possible. So, to some of you I apologize for the repeat.

The story (please stay with me - it's long):

About six months ago I, to my knowledge, invented something. It is one of those things that would make me say - "Why didn't I think of that?" - if I hadn't thought of it. However, I have never seen it or any variation in any medium. I have seen many machines, and things that work by the same principle (which I couldn't even name), but never have I seen it applied as I have. I say this after months of researching if my idea is indeed original.

I now face a dilemna. I live crappy paycheck to crappy paycheck. I am 100% convinced I can take it into production and change the future for my family, easily relying solely on this for income. I have not yet, because I am afraid of getting ripped off, and having my dreams shattered. Not by other turners, but by some company that could easily knock me out of my own market. There is actually a company in my own town that I fear may do just that. There is no possible way I can afford the expense of obtaining a patent, and I can't wait for the years that it could possibly take. Just the initial consultation with a patent lawyer (250 miles away) would wipe out my pathetic $500 savings account. Actually, I couldn't even afford to make the trip

I want to reiterate - my fear is not of being copied by turners. There is no way any one single turner could, "shatter my dreams." In fact, I have been ITCHING to share my idea by offering up a tutorial for any woodturning site that wants to post it.

Most of what I have found on the subject in relation to turning deals with copying the big name artists, and whether they can claim intellectual rights to any design. My opinion on the subject can be summed up with, "The Greeks and Egyptians have been copying us for thousands of years." I first heard that from my art teacher in high school, but have heard it many times since. That statement can humble any potter VERY fast. So, by that same reason my idea can't be the first in history. One of the millions of turners through history has made this. Probably many of them.

I just want to make some $$ off my idea, so I don't have to say I'm poor anymore. The situation is extremely frustrating

I want to somehow protect myself. ANY advice will be appreciated. PLEASE HELP ME!!!!!!

Charles

P.S. Another consideration is that I intend to explore this idea in TWO different series. That's how much variation I've come up with on the theme in six months. To my understanding if you can make an already patented idea 10% different, then you can get your own patent.

 

[pfduffy]

ethics question

Why not go back to the originator and ask for a development agreement that covers production of the items? You might also lessen the risk of a financial burden on your family by doing so. Seems like a fair solution to me. Philip

 

[Charles Henderson]

It's an ethics question?

Why not go back to the originator and ask for a development agreement that covers production of the items?

I don't think I understand what you are saying I thought I was the originator. Also, what is a development agreement?


Also, to clarify the idea would fit in the, "projects," category. It's something you turn, not something you turn with. I don't think I was clear on that.

Charles

 

[Jack Savona]

Patentable?

I appreciate your concerns. Twenty-five years ago I had a regional company rip off a design I has for a plant hanger that I presented to them for sales and distribution. I called a patent attorney after the fact and asked about it. Even if I had patented it, he said, their small modifications could have let them get away with it.

I wonder if you can find a patent attorney (via Google??) who would look at your idea or hear you describe it over the phone and give you any advice as a free initial consultation. I suggest you first see if it is patentable; second see if others can rip off your idea with simple variations . You don't sound like you'll be able to afford to sue some large company.

If it IS patentable you could find an investor or a company willing to support you.

Jack Savona

 

[Max Taylor]

Patenting

Cant help you with proper procedure, but dont fall for the idea that you can take pictures of your idea and sell just one of the items, photograph the sales slip, put it all in an envelope and mail it to yourself and keep it, unopened. Then when you have to open it up in court to show you were the first with this idea. It will NOT hold up in court. This info from at least 2 patent lawyers. I tried it myself and sure enough it didnt work.I still have a couple of marketable ideas in my head, but despair of someone pirateing my ideas. Patenting is VERY expensive, if you pursue this, you will find out. The voice of experience. Max

 

[GA Darling]

First you must be awear that the patent process is not necessarily fair. By that I mean just because you have an idea it doesn't have to be original. As long as you have all the required documentation, drawings, etc... It's the first person to the patent office and to actually file for the patent that has the rights.
Case in point:
When Alexander Gram Bell applied for a patent for the telephone, he arrived first and filed. Two hours later another fellow (I don't remember his name) filed for the patent and did not get it because he was too late. Same idea just not quick enough.

As for money, that's where you have to be willing to take some risk. There are private investors out there that will back you but you need to present them with your idea. Yes you take the chance of getting your idea ripped off.

I suggest you study the patent process and fully understand what your getting into.

GA Darling

 

[n7bsn]

in addition

I'm sorry to say that any more Patent's are for two things:

• To look good on a resume
• Protect Corporate income

Any more (and for too many years), they have not been to protect the small idea man and provide him with the rights to his idea. For example look into the case of the man that invented the weed-eater idea. Didn't do him a lot of good.

Someplace you want to to search are places like Free Patents On-Line and the US Patent Office

I work with people that hold patents for my first reason, I don't have any because where I work decided not to patent software (for a number of reasons)

 

[Steve Worcester]

First, if you talk to anyone, get them to sign a non-disclosure agreement. I am sure there are some on-line, or email me and I will send you one that has been sent to me, you will just need to replace your own name with theirs.

Second, the patent process is pretty long, up to 3 years and can be expensive. Second, manufacturing takes money as well. (I am guessing it is a tool?)

You may want to think about investors or partners.

 

[Charlie Harley]

"First you must be awear that the patent process is not necessarily fair. By that I mean just because you have an idea it doesn't have to be original. As long as you have all the required documentation, drawings, etc... It's the first person to the patent office and to actually file for the patent that has the rights."

Um, no. This is where the United States differs from most countries. Here the law is that the first inventor gets the patent, not the first to file for the patent. This has to be proven through very thorough documentation, but it can be proven and will hold up in court.

Obtaining a patent and making a profit from it is a VERY time consuming and costly to the point of being impractical for the average Joe or Jane.

On a more practical level, here's what I suggest you do. For discussion's sake, let's call your invention the Turnawidget.

Make a few Turnawidgets in your home. Think of a creative and memorable name for your company and have some business cards printed. Take your Turnawidgets to local shows and turning clubs and see if many of them sell. If they sell quickly then you're on to something. Make more Turnawidgets in a more efficient manner, go to more shows, fill orders for folks who saw their buddy's Turnawidget, and pretty soon you're the Bill Gates of Turnawidgets.

If someone tries to make a similar device and sell it, what protects you is not a patent but the reputation you've built up as being the original developer of the Turnawidget. That is how you protect your product and profit.

There are thousands of products in the market making millions of dollars for companies which aren't patented. Product and brand recognition/loyalty is what keeps the products selling and their owners very rich.

 

[Jim Stoppleworth]

Do What Charley said.

More years ago than I care to remember I created a design for a Vietnam Veterans group. (We have an embroidery screenprinting company). The design
sold well, well enough that I saw it a year later in a transfer company's catalog. I called this large company on their problem of stealing my design. The guy laughed at me, said this was his attorney's phone #, give him a call to notify him you're suing us and I hope you have deep pockets. I called the attorney that handled our needs and he said forget about it and get on with it the cost wouldn't justify what I would get.

 

[Steve Worcester]

Do What Charley said.

....The design sold well, well enough that I saw it a year later in a transfer company's catalog. I called this large company on their problem of stealing my design. .....

In your case, copy righting may have worked better.

 

[David Somers]

"On a more practical level, here's what I suggest you do. For discussion's sake, let's call your invention the Turnawidget.

Make a few Turnawidgets in your home. Think of a creative and memorable name for your company and have some business cards printed. Take your Turnawidgets to local shows and turning clubs and see if many of them sell. If they sell quickly then you're on to something. Make more Turnawidgets in a more efficient manner, go to more shows, fill orders for folks who saw their buddy's Turnawidget, and pretty soon you're the Bill Gates of Turnawidgets.

If someone tries to make a similar device and sell it, what protects you is not a patent but the reputation you've built up as being the original developer of the Turnawidget. That is how you protect your product and profit.

There are thousands of products in the market making millions of dollars for companies which aren't patented. Product and brand recognition/loyalty is what keeps the products selling and their owners very rich.

Charlie, just curious...would he also need to get a business license from the county to complete this? (they tend to be cheap in most counties) I was just thinking that printing and distributing business cards for a "business" might cause a problem at the license level eventually (and taxes, etc) This would give you the added benefit of giving you a separate entity to work through, hopefully protecting your personal assets. I may be thinking way to far ahead of the curve here however. Was just curious?

Dave

 

[Frank Alvarez]

patent? or not?

I have had several ideas I tried to patent an d several I wish I had. Unfortunately the ones I tried to patent weren't patentable(?). The web sites a prior reply gave you is a very good place to start. You can do searchs for similar items and it's amazing what has been patented but nevre really came to market, at least widespread. Depending on how the prior , or you , word your patent will affect whether subsequent changes may or may not be patentable or infringements( that's the way it seemed in my research atleast, but I am not an expert). There are certainly companies/ investment groups that are looking for new inventions and if they think your idea worthy will back you, most often for a sizeable cut. I am sure using the enet searchs you can find all kinds of such info for free. Like another post said you need , some sort of presigned nondisclosure or or confidentiality agreement before disclosing any info to them. I don't know if those can be gotten around.
Not sure if that helps but that's my $.02 .

 

[cypher]

Just a quick note:

I order to get around patent laws, the copied product only has to be 10% diffrent. So it may not be worth the time and money for the patent just to have someone make a 10% diffrent version. (it will happen)

I say you stick with Charlie's suggestion, use your reputation not a patent.

 

[Jim Stoppleworth]

Just a quick note:

I order to get around patent laws, the copied product only has to be 10% diffrent. So it may not be worth the time and money for the patent just to have someone make a 10% diffrent version. (it will happen)

I say you stick with Charlie's suggestion, use your reputation not a patent.

This is an urban legend.

You might be able to get a patent on the improvements but the original patent is still good.

 

[Charlie Harley]

"Charlie, just curious...would he also need to get a business license from the county to complete this? (they tend to be cheap in most counties) I was just thinking that printing and distributing business cards for a "business" might cause a problem at the license level eventually (and taxes, etc) This would give you the added benefit of giving you a separate entity to work through, hopefully protecting your personal assets. I may be thinking way to far ahead of the curve here however. Was just curious?"

Most communities require any business that represents itself in a retail fashion to have a license of some sort. Check with your county auditor's office to be sure.

As a practical matter, they don't chase down the small folks. If you're making a selling a Turnawidget to other hobby-ists and it's basically on a break-even basis, you're okay. If the auditor drives by your new facility and sees the Turnawidget sign, then you have his attention.

Protecting personal assets? If someone gets hurt while using your Turnawidget, lawyers can sue anybody for anything and they will. I wish it were different. There are steps that can be taken to protect yourself and your home. But again, this is a step typically taken when the stakes get higher.

For now, the guy in questions needs to make a few Turnawidgets and see if anybody else wants to buy them. That is step one and no others need to be taken at this time.

 

[Brent@TurnRobust]

As a holder of nine patents and another pending, I can bring a small amount of credibility to this discussion.

First, If it won't sell, there is no point in getting a patent. There are about 7,000,000 US patents issued, 98% never made anybody any money. I speak from experience, here. Of my soon to be ten patents, only one has ever made any money for anybody except the patent attorney.

Second, your first best bet of making money from your idea might be getting it to market FIRST. While you are thinking about it, others may be acting.

Third, visit http://www.score.org/ SCORE (Service Core of Retired Executives) gives FREE and CONFIDENTIAL advise to people wanting to start businesses. The local chapter has been a wealth of help for me.

Good Luck. Brent at Robust

 

[Jim Carroll]

Get out there with your product and flood the market before anyone else gets the chance to copy it.

When it is copied market it as the original and best widgit.

The expense of going through patents and other avenues may as well be put into producing the widgit.

 

[Brian Hahn]

It's a question of economics

If the invention is worth millions ($1,000,000), then it is probably worth patenting. Otherwise not. And if someone decides you have a neat idea and wants to copy it, you're looking at big bucks to defend your patent, and some really serious money if it actually goes to court. I've been through the process where I worked, including weeks of time spent with patent attorneys.

And another note. Your invention has to be unique (never done before anywhere), useful, and "non-obvious to someone skilled in the art". That's a pretty tall bill to fill.

 

[GeorgeH]

Consulting a patent attorney costs money
Applying for a patent on your own costs money
Manufacturing a preliminary line of your product costs money
Traveling to and from conventions, seminars, etc. costs money
Setting up a booth at conventions, seminars, etc. costs money
Just about every idea I've seen offered here costs money - and you indicated you have barely enough money to survive.
Unless you can find a reliable and trusted source of funding (entrepreneur, investor, etc.) your idea is dead in the water.
Sorry to be the bearer of bad news but somebody had to tell you the truth.

 

[Ron Sardo]

But...

He can write an article for a magazine and maybe make a few bucks.

 

[Martin Braun]

If the invention is worth millions ($1,000,000), then it is probably worth patenting. Otherwise not. And if someone decides you have a neat idea and wants to copy it, you're looking at big bucks to defend your patent, and some really serious money if it actually goes to court. I've been through the process where I worked, including weeks of time spent with patent attorneys.

And another note. Your invention has to be unique (never done before anywhere), useful, and "non-obvious to someone skilled in the art". That's a pretty tall bill to fill.

From what I have seen in my career, I completely agree. There is no way to stop some corporation from scooping up your idea, making some slight modifications based on their marketing research, and taking it to market. Getting the patent isn't even the half of it. It's defending the patent that is the really hard part.

It seems the only use of patents these days is for corporations to 1.) retain creative people by offering $ if their patent continues to be of value to the company 2.) to try to prevent creative people from leaving and doing similar things at the competitor 3.) for smaller rival corporations to go for the David/Golaith move & try to sue for patent infrigement

 

[Bill Boehme]

My response may seem like an oxymoron, but this is probably close to the worst place to get advice about how to go about getting an idea patented.

With that caveat in mind, I will give you the perspective from a retired engineer whose work sometimes contributed towards developing a patentable idea. The suggestion given earlier about checking out the US Patent Office web site is very good because it will provide some background on the subject.

The time to learn about patents, at the very latest, would be as soon as you think that you have an idea that is innovative, practical, unique, and marketable. It would be at that point, at the absolute latest, that an engineer begins to maintain an "engineering notebook". An engineering notebook is different than regular notebooks in that it is a bound volume with numbered pages so that the pages can neither be added nor removed. The notebook is dated and certified at the beginning of each day and notarized and photocopied at the end of each day. The notebook must contain extensive documentation of each days work, showing all calculations, test configurations, and references to test data. This along with related supported documentation becomes a legal document that will be used to defend a patent. If you have not done this type of documentation, then you are not off to a good start.

Some of the answers that you received to your question are way off base and that is one of the reasons that I stated that this is not a good place to ask this sort of question. You need to be clear about what a patent is issued for and don't confuse it with copyrighting which is an entirely different thing.

If you know what you are doing, you can complete the patent process without the aid of a patent attorney, but that is a mighty big IF. I have a friend and former colleague who had around 25 patents where he did all of the work himself because he was smart enough to a better job than the patent attorneys, but that type of person is very rare indeed.

Only parts of your design may be patentable. Your patent submission will present a list of "claims" with substantiating arguments to support your patent application and the rule of thumb is that the more claims that you have, the better your chances of being successful. Don't get fooled by the statement that you heard somewhere about your idea only needing to be ten percent different from another patented idea. That is pure nonsense. "Unique" means just that -- look it up in the dictionary.

Not all "inventions" are patentable. If it were something basic that has probably been devised by many others and would be the natural result of problem solving to perform a task, then it would be difficult to prove that it is unique.

A important rule to remember: Nothing in = nothing out.
If you don't want to spend any money developing your patent, it will be unrealistic to expect anything worthwhile. Remember the earlier advice that 98% of all patents only make money for the patent attorneys.

Do some REAL market research -- not the warm fuzzy stuff, but a hard look at real numbers (none of this "what if" stuff). Things like, how big is the potential market. If you believe that you can tap into even 0.5%, that would be very ambitious and most likely, an overestimate. Unless you plan to go into manufacturing yourself, expect your royalty from a manufacturer to be a very small percentage. If your potential market is woodturning, think about how tiny that market really is and what a stingy a lot of penny pinchers we really are. Go to the national and regional symposia and talk to the vendors to get a good dose of realism about getting rich. In order to make your invention successful, you will have to work harder than you have ever worked at anything in your life.

Bill

 

[Joe Greiner]

I've agonized over this question with regard to many unique boons to mankind. I have yet to apply for a patent. IMHO, a patent merely gives you the right to sue someone for infringement; and the bigger "someone" is, the more expensive is the litigation. The 98% unprofitable ratio seems optimistic; I've heard more like 98.5 or 99%.

In a patented enterprise, the patent itself usually represents no more than about 10% of the effort. Extra effort is required for tooling, production improvements, sales and marketing, etc. If you can be superior in those elements, the patent really doesn't mean very much. For maximum bucks, build the business over about 5 years, and then sell the whole thing.

As said, one of the principal functions of a patent is resume enhancement. I'm too old to need a resume, and I don't much care about goosing my obituary.

Joe

 

[Charles Henderson]

Thanks y'all. I was really happy with the reaction, and all of the comments have been very helpful.

A patent is out of the question. It's just not a viable option. I have some connections and know my market pretty well, so flooding it seems to be the best bet. My plan is:
1. Turn about 4-5 dozen kerjigerwidgets
2 Photograph all of them, and along with CAD drawings (need a little practice), tutorial, and original sketches I'll apply for a copyright.

That's about all the protection I can get legally. It's not much, but should at least prevent someone else from forcing me to stop production. However, I can attach my name to the idea as much as possible.

3. Turn 4-5 more dozen
4. a.Orchestrating a release all on one date. I already have several stores that have taken me for my word, and they'll put it on shelves.
b. Pull entire inventory from gallery and replace with kerjigerwidgets.
c. Activate prebuilt website. Will at least contain the tutorial and several dozen pics. Maybe some for sale.
d. Demo on the main tourist path during one of our biggest fiestas.
e. Get tutorial (and maybe video) posted on several turning sites. If I do a video I'll also send it to thewoodworkingchannel.com. Maybe they'll actually show it.
5. Cross fingers, and put a little faith in God and my fellow craftsmen.

Thoughts?

Thanks again,
Charles

 

[Joe Greiner]

I think you have a good plan. Publishing your idea will constitute "prior art," and should/may prevent someone receiving a patent on your idea, unless they make a significant improvement; even then, their patent should/may be limited to their improvement.

A couple things not yet mentioned, I think:
There exist people known as "patent trolls." These folk examine existing patents, predict the next stage of development, and beat the others to receive a patent. One fellow (can't remember his name) made a substantial business of this game. Praised by some (even has an award in his name at MIT or some such institution), and condemned by others. He was even awarded patents posthumously, with filing alone quite a while after his death. I don't know how that worked.

Although the US patent system is pretty much the world standard, it's in need of improvement. Too many applications, not enough knowledgeable examiners, and expected to be a profit center (or at least self-sustaining) for the gummint. Patents have been awarded for some quite ridiculous ideas, with flimsy justification. (IMHO)

I just noticed you're in Roswell NM. Is your kerjigerwidget concerned with spaceships, by any chance?

Good luck with your efforts.

Joe

 

[dkulze]

Hey Charles,

My .o2.

You've said that your kerwidgetything is actually something turned, rather than a tool. If it's something that will go on shelves and galleries and will be bought by non-turners, just go for it. Your business plan sounds like the perfect way to make a good income off of it. You probably won't get filthy rich but there's no reason it can't push you into the realm of much better off if it is truly a popular item.

And even if someone else decides to mass market it, you'll likely keep your piece of the market. I sell salad bowls all the time for a fair amount of money when there are wooden bowls available for much less down at Pier 1.

The whole patent/copyright thing is, to my view, based on industrialized production rather than making something cool and useful at home or your shop to sell. If you want to end up with a factory or with the ability to monopolize the market and sue folks who try to make your kerwidgetything and sell it, then go for it. If you want to make it and make money off of it, do it just the way you are planning. Your documentation will simply help keep anyone from stopping YOU from making it by patenting it later.

And make sure to post what it actually is at some point. Don't know about everyone else but I'm curious.

Dietrich

 

[Bill Boehme]

Perhaps you need to learn what a copyright actually is. First of all, you do not "apply" for a copyright. Copyright law automatically protects all literary works, paintings, sculptures, or anything of an artistic nature. A copyright can also be "registered", but you cannot copyright something that is not considered an artistic expression -- for instance: instructions, recipes, diagrams, tools, jigs, etc. Needless to say, any claimed copyright on a widget is worthless. If anyone decided to take your wiz gadget whirligig and start selling them, the only prayer that you would have of protecting your design would be if the knock-off were of exactly the same size, shape, color, material, etc. to the point that it is a perfect copy. Instead of that, consider registering a clever trademark that could become synonymous with your product to gain a market advantage.

Bill

 

[Charles Henderson]

Okay.........

Perhaps you need to learn what a copyright actually is. First of all, you do not "apply" for a copyright. Copyright law automatically protects all literary works, paintings, sculptures, or anything of an artistic nature. A copyright can also be "registered", but you cannot copyright something that is not considered an artistic expression -- for instance: instructions, recipes, diagrams, tools, jigs, etc. Needless to say, any claimed copyright on a widget is worthless. If anyone decided to take your wiz gadget whirligig and start selling them, the only prayer that you would have of protecting your design would be if the knock-off were of exactly the same size, shape, color, material, etc. to the point that it is a perfect copy. Instead of that, consider registering a clever trademark that could become synonymous with your product to gain a market advantage.

Bill

OK, I'm not sure why your taking that tone in either of your posts, but maybe I should have been clearer.

I intend to combine the photos as an artisitic series, in an article (literary work) describing how I derived them from original sketches and later CAD Designs. I will "apply" for a copyright REGISTRATION. Without that you might as well go to court with a wet noodle. I know full well that works are considered to have a copyright when they are created in a tangible form. I thought that was common knowledge.

Like I said before, many turners have probably done this throughout history, but I've never seen it. I could care less if it gets knocked off. Why would I want to publish an article about it to share with my fellow turners. My concern is that some company (one in particular in my town) will try to push me out of my own local market by claiming the idea, and attempting to make me stop production.

From your first post: I have done my market research, thank you. I don't really need any, "doses of reality," and I'm not trying to get rich. I hate lawyers and have no interest in going to court if I don't have to.

The following is from http://www.copyright.gov/circs/circ1.html#cr, and can clarify why registration can be important:
Copyright Registration
In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:

Registration establishes a public record of the copyright claim.
Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin.
If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies. For additional information, go to the U.S. Customs and Border Protection website at www.cbp.gov/xp/cgov/import. Click on “Intellectual Property Rights.â€Â

Also, you said, "...but you cannot copyright something that is not considered an artistic expression -- for instance: instructions, recipes, diagrams, tools, jigs, etc...." This is a half truth, a work need not be an artistic expression. Artistic expression can be subject to arbitrary judgement. Every encyclopedia, reference, journal, how to magazine, catalog, and even my phonebook has a copyright. Go to a library and try to find something without one, and good luck.

Charles

 

[Richard Marsh]

This is a link to Clark Howard's web site. He is a syndicated consumer advocate talk show host. He speaks regularly on his show on this subject.

http://clarkhoward.com/shownotes/category/1/287/303/

Good luck
Richard

 

[Bill Boehme]

It sounds like you may be creating a "book" which certainly can be copyrighted as an original work -- I used the word “book†even if it is not actually a bound volume, it still meets the same qualifications. Even though it may contain instructions, as you well know it can still be considered an original work because of the literary and artistic way that the information is expressed through words and pictures. And, additionally, your instructions can grant a license to those who have bought a copy of your book to build a certain number of devices following the instructions outlined. The point that I was getting at previously is that this still does not prevent anyone else from ripping off your idea and making something very similar. And, if it happens to be the case, as you suspect, that other have thought of this before, then about the best that you can expect is that woodturners will buy your book and/or device because it is easier than developing the idea to a practical state on their own. As you mentioned previously, you are not interested in spending time protecting your idea, but the other side of issue is that in order for your copyright or patent, as the case may be, to be defensible, it is necessary to actively protect your intellectual property and artistic creations. Although folklore has often reviled lawyers, they actually are not the bad guys.

In your reference to the “tone†of my reply, you may be reading something into it on an emotional level that goes beyond the objective intent of my posting. There was no personal tone intended.

Bill

 

[n7bsn]

.....
In your reference to the “tone†of my reply, you may be reading something into it on an emotional level that goes beyond the objective intent of my posting. There was no personal tone intended.

Bill

Or you may be writing in a manner that suggests things other then you mean, because I read them the same way.

 

[Charlie Harley]

Or you may be writing in a manner that suggests things other then you mean, because I read them the same way.

Or he may have given the most honest, well thought out, based on real experience, and factual post on this thread. I found nothing offensive at all in his note. But then, I'm an engineer too and maybe just speak the language a little better.

 

[Barbara Gill]

My husband created a fat-free chesses with lots of flavor. He looked into the patent process and as others have said, ultimately the "rights" go to the one with the deepest pockets. He ended up not bothering with entering an expensive no win situation.

 

[Charles Henderson]

The Tutorial is Finally Ready

FINALLY!!!!

The wait for my long talked about tutorial is finally over.

I'm just bringing this thread to the top so you'll know what my next thread is talking about.

Check out the tutorial on my website - www.ChaKaJo.com - or follow this
link here - http://www.chakajo.com/The%20Fingertip%20Top%20&%20Spinning%20Vessel.pdf

 

[n7bsn]

Wow

...and that's an understatement!!!!

 

[turner23]

one man's opinion

If you're idea (or product) is actually something significant, you could try to sell it to a company, but the legal crap is waist deep (assuming a company wants to buy it in the first place). If you want to try to publish it, you should be able to make a little money, but "you have to have money to make money"...I wouldn't quite your day job.

Pursuing a patent on your own is EXTREMELY expensive, only lasts for 14 years, and you are likely to go bankrupt trying to defend it if someone copies your design/idea.

Unfortunately, it's a cold reality...But whatever it is you've come up with, good luck with your ventures!

 

[Charles Henderson]

The Tutorial is Finished and on My Website

If you're idea (or product) is actually something significant, you could try to sell it to a company, but the legal crap is waist deep (assuming a company wants to buy it in the first place). If you want to try to publish it, you should be able to make a little money, but "you have to have money to make money"...I wouldn't quite your day job.

Pursuing a patent on your own is EXTREMELY expensive, only lasts for 14 years, and you are likely to go bankrupt trying to defend it if someone copies your design/idea.

Unfortunately, it's a cold reality...But whatever it is you've come up with, good luck with your ventures!

Please see my previous comment (copied and pasted below), but thank you for your input...

FINALLY!!!!

The wait for my long talked about tutorial is finally over.

I'm just bringing this thread to the top so you'll know what my next thread is talking about.

Check out the tutorial on my website - www.ChaKaJo.com - or follow this
link here - http://www.chakajo.com/The Fingertip Top & Spinning Vessel.pdf

 

[Steve Worcester]

From this, what were you thinking of patenting? The process or the top?

 

[Charles Henderson]

See Alien Invasion

From this, what were you thinking of patenting? The process or the top?

I wanted to patent the Spinning Spaceships. The reason being that I live in Roswell, NM, and I intend to make a few of these. I want to cater to the market, but there are a lot of people that just want to cash in and will do anything to make it happen. I'm still sure it's going to get knocked off locally no matter what I do. A patent just isn't possible because there is too much variation between each one.

All I really had to do is register a copyright on the process to protect myself from being kept from producing what I've come up with. However, the reason I put so much work into that tutorial is because I really want to share this idea with the woodturning community. I couldn't keep this one for myself. There's too many kids and adults alike that will get a kick out of these kerjigerwidgets I'm also really interested to see where other people take the idea.

Check out the Tutorial. It explains everything, and I think it is worth the read. It may be a little long, but it's packed full of pictures.

Thanks for all your help folks. It is very much appreciated