I have a plan for manufacturing the new generation computers. I am
pretty sure that this plan would bring a revolution to the computer
industry. After this product is launched in the market nobody would
buy the regular old fashioned computers as this would make life much
easier for the user. Everybody would want to buy only this new
generation computers. I do not have finances to do such a big project
as it would need millions of dollars investment. I want to know how I
can patent my plan and sell it to any big computer manufacturing
company and take the royalty for it?

Hello--

I work with consumer issues on a daily basis and can help you out.

I know you mentioned you do not have the money needed to manufacture
computers using your methodology yourself. I need to tell you first
off that in order to patent an idea and market it to the appropriate
manufacturers, you're likely talking about a 10s of thousands of
dollars investment, much of that going to attorneys' fees.

I have heard many stories of people claiming they've been taken by
manufacturing companies or invention promotion companies. My advice is
to do this:

1) Hire a patent attorney. If you look in the yellow pages of your
local phone book under attorneys-patent, you should find a list of
some. If you can't find any, call your local bar association. They
will be able to tell you who in your area is a reputable patent
attorney. The U.S. Patent and Trademark Office writes, "The
preparation of an application for patent and the conducting of the
proceedings in the United States Patent and Trademark Office (USPTO or
Office) to obtain the patent is an undertaking requiring the knowledge
of patent law and rules and Office practice and procedures, as well as
knowledge of the scientific or technical matters involved in the
particular invention.
Inventors may prepare their own applications and file them in the
USPTO and conduct the proceedings themselves, but unless they are
familiar with these matters or study them in detail, they may get into
considerable difficulty. While a patent may be obtained in many cases
by persons not skilled in this work, there would be no assurance that
the patent obtained would adequately protect the particular
invention."

2) File a patent with the U.S. Patent and Trademark Office. If you
have a patent attorney, he'll know exactly how to do this. If you
decide not to hire a patent attorney (they're very expensive), you may
find out the steps to patenting your idea online. The link is
http://www.uspto.gov/web/patents/howtopat.htm

The above web site will walk you through the steps you need to take to
obtain a patent for your invention.

You may read about what a patent exactly is online. The link is
http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent

You may read about patent laws and what may be patented online. The
link is http://www.uspto.gov/web/offices/pac/doc/general/index.html#laws

There is quite a bit more information about patents and the process to
file a patent online. The link is
http://www.uspto.gov/web/offices/pac/doc/general/index.html

3) Be careful when considering invention promotion firms. Many
inventors complain of paying these companies money but not seeing
results they're happy with. The Better Business Bureau reports, "Some
invention promotion firms may help to get your idea or invention into
the marketplace. The Federal Trade Commission reports, however, that
some inventors have paid thousands of dollars to firms that promised
to evaluate, develop, patent, and market inventions, but received
nothing for their money."

Make sure any contract you sign contains all agreed upon terms,
written and verbal, before you sign. Ask an attorney to review the
agreement. You may read this BBB warning online. The link is
http://www.bbb.org/alerts/prom.asp

A new law offers protection for inventors. You may read about it
online. The link is http://www.bbb.org/alerts/inventpromo.asp

4) Properly market your invention. Your patent attorney will be able
to walk you through the necessary steps. He may, in fact, be able to
arrange some of the necessary meetings himself. Properly marketing
your invention involves contacting the appropriate individuals in
companies that may be interested in your methodology, lining up
meetings with them, compiling presentations, and discussing contracts.

I hope this helps. If you need any clarification, please don't
hesitate to ask.

Thanks,

darrel-ga

---

Clarification of Answer by darrel-ga on 02 Dec 2002 11:44 PST

Good additional question.

I think the chances of an attorney running off with your idea once you
have a signed confidentiality agreement are small. That's because you
then have proof that you've hired him as an attorney in writing. If he
would try to sell it as his own idea, he could. But you then would
have the beginnings of a paper trail that prove it was your idea.

Another thought... Put your idea in writing right now. Today. Put your
ideas in an envelope. Mail them certified mail to yourself. Never open
these letters. Mail two or three to yourself. This way, if this would
ever be in question, you can take the unopened certified letters to
the judge and prove it was your idea on this date.

Hope that helps! Good luck!

darrel-ga

Hello Darel,

Thanks for reply. I also want to thanks everyone else for coming up
and giving me the right guidelines. I appreciate it very much. But
after going through everything I came up with another point. What are
the chances that even after signing the confidentiality agreement the
attorney will not sell my idea to someone right away before I patent
it. He may delay the process for some reason and sell it to someone
and they inturn may patent it before me. Just curious if there could
be any such possibility or is it ever heard of?

Vik.

The answer given by darrel is well researched and well reasoned,
   yet I would not follow his advice.

    Many attorneys, even the 'reputable ones' 
     may be willing to take your money.

   The commercial value of eventual patend may be very low or zero.

 Big companies rarely buy patents 'off the street'.

  I would recommend reading (or a college course) on history of technological
progress, followed by critical re-evaluation of your idea. Read about Carson
who invented Xerography.  If you then still think
the idea has a potential, consider seeking employment in that industry.

And, most importantly, DO NOT DISCLOSE YOUR INVENTION TO ANYONE WHO IS
NOT UNDER AN OBLIGATION TO YOU TO KEEP IT CONFIDENTIAL (such as your
attorney)  BEFORE FILING FOR A PATENT.  If you discose your idea
publically before filing you will lose all rights to obtain patent
protection almost everywhere in the world except the USA (which has
local rules allowing patent filing up to one year after a first
disclosure).  Many US nationals have fallen foul of this trap!

Hedgie and Michael2 bring up some very good points.

First on hiring an attorney. When you're shopping for an attorney be
sure you ask some pertinent questions:

1) How many situations like this have you handled?

2) How much do you charge? How much is someone in my situation
charged?

3) Could I have the names of three of your former clients in my
similar situations with whom I could speak before talking further with
you?

Be sure to shop around for an attorney. Don't simply agree to work
with the first person you see. And asking to talk with former clients
is key. If you can speak with those who've used to work with the
attorney, you will find out whether they were satisfied, whether they
got their money's worth, and whether they would recommend him to
others.

Michael2 brings up a critical point. You should not disclose what your
invention is until you have a signed confidentiality agreement with
someone. Many inventors have told me stories of how they've been taken
by simply giving out their ideas to someone of greater means than
they. Those individuals have gone on to patent the idea and reap the
benefits.

You may find an attorney, make sure that person has signed a
confidentiality agreement and then proceed.

When Hedgie speaks of big companies rarely buying patents off the
street, he is correct. It is not easy. But it is not unheard of.

After you get further into this, you may decide you'd rather partner
with someone who has the capital to start manufacturing computers in
this manner. That way, you could be a partner in the business, accept
the royalties, and make sure the computers are built.

You may read more about selecting an attorney online. One link is
http://www.probationinfo.com/attorney.htm

Another good one is http://www.nasvo.org/attorney.html

Richmond Law offers attorney-seeking advice for businesses. The link
is http://www.richmondlaw.com/articles/choosing.html

You may view other similar articles online. I searched the following
terms:

"how to choose an attorney"
://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=%22how+to+choose+an+attorney%22

Please let me know if you need any clarification.

Thanks,

darrel-ga

royalfashions-ga 

I wouldn't worry too much about an attorney running off with your
invention.  Attorneys are bound both by legal rules and by their own
professional code of conduct.  Were to do such a thing they would be
at risk of being struck off their professional register, and hence
unable to practise.  You need to be more worried about unqualified and
unprofessional 'invention promotion firms'.

Michael2