I have an idea that I would like to patent. How do I take out a
patent? How many years can I take out a patent for?

What is the best way of making sure no one in America can use my idea
without paying me money? What is the best way of insuring the same for
the international community?

I know that china steels a lot of ideas. Is there any way of making
sure that my idea can not be sold to the United States from china
unless I am paid? Is there any way to insure this idea is not used to
sell to the rest of the international community from china unless I
get paid?

What are some examples of ideas which are patented but used in other
applications by changing small things to avoid the patent? Are there
examples of patents which are ignored? Are there examples of patents
which are over turned?

How many things are patented but not produced?

How can I check to see if my idea is patented already?

---

Request for Question Clarification by pafalafa-ga on 07 Aug 2005 08:24 PDT

seanreynolds-ga,

Patents generally apply to inventions more than to ideas.  

That is, if you have designed a specific device, or a piece of
software, or something along those lines, then a patent would be
appropriate.

If you have only the broad outlines of a new device or piece of
software, then you may not be ready for a patent.

However, there are other steps that can be taken to protect an emerging concept.  


Without giving away too many details, can you please tell us a bit
more about your idea -- what sort of thing is it?  What sort of
advantages does it have?  What stage is it at (e.g. a concept a few
sentences long? a detailed schematic drawing of an invention? a
prototype that has already been built?)

Let us know as much as you comfortably can, and perhaps we can steer
you in the right direction.

Best of luck...


pafalafa-ga

---

Clarification of Question by seanreynolds-ga on 07 Aug 2005 14:04 PDT

The idea I have is to use existing technology in a way which has never
been approached with technology.

What I want to do has been done but not with technology. The way it is
done is very old fashion, not efficient, not cost effective, and not
good at what it tries to accomplish.

The technology I wish to use is has never been thought of for this
application. Or it has never existed in even this manor. It is the
same technology but put in a way to accomplish a completely new task.

I hope that is vague and yet accurate enough to provide you with the
additional information you require. I think it will catch on within 10
years to be used in applications new and old all over the world, thus
I am optimistic about it's earnings, yet pessimistic about my ability
to keep rights on it.

The progress is a napkin sketch. It is such a no brainier concept that
it only hinges on one extension of the current system of technology.
It would be easy for anyone to look at and reproduce, but yet it has
never been either though of or produced. I sometimes wonder why!

Can you tell me the name on one person to speak with about taking out
a patent in the United States for, a technology patent for home use?
Is there anyone company which comes highly regarded?

Is there a way I can pay more for my question once it is already
submitted? I think I may have paid too little. What are your thoughts
on that?

---

Request for Question Clarification by pafalafa-ga on 08 Aug 2005 04:11 PDT

Sean,

Thanks for the additional information.


I'll be gald to provide you information about the patent process.  But
first, I just wanted to check with you on some of the basic conditions
for a patent, and get your feedback on these.

In order to receive the very powerful legal protection that a patent
offers, an invention should meet several criteria.  The two main
criteria are providing a thorough description of the invention, and
that the invention be something useful and "non-obvioius".

Here is some of the actual language from the US Patent Office:

=====
http://www.uspto.gov/web/offices/pac/doc/general/index.html

(1) What Can Be Patented...any person who ?invents or discovers any
new and useful process, machine, manufacture, or composition of
matter, or any new and useful improvement thereof, may obtain a
patent?...A patent cannot be obtained upon a mere idea or suggestion.
The patent is granted upon the new machine, manufacture, etc., as has
been said, and not upon the idea or suggestion of the new machine. A
complete description of the actual machine or other subject matter for
which a patent is sought is required.


(2) ...The subject matter sought to be patented must be sufficiently
different from what has been used or described before that it may be
said to be nonobvious to a person having ordinary skill in the area of
technology related to the invention.
=====


So, my question to you is, where do you think you stand with regard to
these two importatn criteria?  Is your invention "complete" in terms
of its description -- i.e., do you actually have a prototype of the
invention in hand?  And does your invention pass the non-obvious test?
 Some of the language of your remarks make it seem as if anyone could
have thought of such a thing, which -- if true -- may turn out to be a
challenge in terms of demonstrating non-obviousness.


Please let me know your thoughts on this.  If you feel your invention
is patentable, I'll be glad to walk you through the process, and
address the other issues you raised about protecting your invention.


Cheers,

pafalafa-ga

---

Clarification of Question by seanreynolds-ga on 11 Aug 2005 00:38 PDT

I do not think my idea is too obvious. I think what I meant by that
was it does not take any extra manufacturing other than to combine two
existing products in a new way. My idea directly corresponds to the
heating coils in rear windows of automobiles. The same patent
information should apply to both. My idea is no more obvious than that
was ten years before it happened.

I thank you for your advice. I was wondering if you could tell me
where I could find information about the patent history and specifics
about the heating coils in rear windows (defroster). I would like to
read up on that.

Thank you once more for all of your advice. I understand it would be
very difficult to advise someone without knowing specifics.

---

Request for Question Clarification by pafalafa-ga on 11 Aug 2005 04:50 PDT

Sean,

Thanks for sticking with the process here.  I must admit, I'm
intrigued to know more aboutwhat it is you've come up with!

You've actually asked quite a number of distinct questions:


===============

--How do I take out a patent? 

--How many years can I take out a patent for?

--What is the best way of making sure no one in America can use my
idea without paying me money?

--What is the best way of insuring the same for the international community?

--Is there any way of making sure that my idea can not be sold to the
United States from china unless I am paid?

--Is there any way to insure this idea is not used to sell to the rest
of the international community from china unless I get paid?

--What are some examples of ideas which are patented but used in other
applications by changing small things to avoid the patent?

--Are there examples of patents which are ignored? 

--Are there examples of patents which are over turned?

--How many things are patented but not produced?

--How can I check to see if my idea is patented already?

--Can you tell me the name on one person to speak with about taking
out a patent in the United States for, a technology patent for home
use?

--Is there anyone company which comes highly regarded?

--I was wondering if you could tell me where I could find information
about the patent history and specifics about the heating coils in rear
windows (defroster).

===============


To get answers to each and every one of these questions would be
beyond the scope of what could be done for a $75 question.  Frankly,
it might also be beyond the scope of what could be done for a $200
question, which is the maximum price that can be set here at Google
Answers.


Please look over the above list and let me know what you consider to
be your top three priorities.  If you are agreeable to this idea, I
will try to answer the top three in a comprehensive fashion, for the
fee you have offered.

If you'd like to suggest an alternative way to proceed, please feel free.

Look forward to hearing back from you...


pafalafa-ga

---

Clarification of Question by seanreynolds-ga on 11 Aug 2005 07:10 PDT

--I was wondering if you could tell me where I could find information
about the patent history and specifics about: Rear window defrosters
(the heating coils in rear windows of cars).

--How can I check to see if my idea-product is patented already? (If I
told you my idea, would you check for me?)


--How do I take out a patent? (To extend: what are the steps which
take place? Once I go to a patent office, what happens once I leave?)


Thank you for taking interest in my idea. I would tell you here what
my idea is, but this is seen by so many people that I would be,
somewhat, nervous about disclosing it in this forum.

If you wanted to answer my second question in stead of just telling me
where I can look, I would be very pleased to tell you what my idea is.

Once again, thank you for helping me with my question. Does this
system have an option for gratuity?
Take care,
Sean Reynolds

---

Request for Question Clarification by pafalafa-ga on 11 Aug 2005 07:18 PDT

Hello again, Sean.

Thanks for narrowing things down.  I'll look into your three priority
questions, and let you know what I come up with.

You can certainly post more information about your idea here -- the
more I know about it, the better I can search for existing patents. 
But you're quite right -- this is a public forum, and once you post
information here, anyone can see it.  There is no provision at Google
Answers for posting any sort of 'private' information.

I'll be working on your question.  If you want to add any information,
just post it here, and I'll be sure to see it.

Cheers,

paf

---

Request for Question Clarification by pafalafa-ga on 17 Aug 2005 18:40 PDT

I haven't yet found the information needed to make for a satisfactory
answer to your quesrion.

I'll continue looking, but I'm not sure if I'll be able to answer your
question or not.

Just wanted to let you know.


paf

A couple of things you may want to keep in mind, 

first a patent in the US lasts for 20 years, the expense in getting
the patent is between $ 4,000 and $15,000 depending on what service
you use. Under no circumstances use one of those 'services' that come
up on TV. asking for inventors, they are all a scam. Unless they are
very new you will find complaints on most of them on the BBB.

The cost of a patent in reality though is closer to $ 500,000 that is
because there is absolutely nothing you can do if some company in
China or anywhere else sees your patented idea and decides to sell it
in the US or anywhere else in the world. The only thing a patent does
is 'give you the right to sue'. In other words if they use your idea
you can sue them but lawsuits ussually take years and many thousands
if not hundreds of thousands of dollars, by the time you are about
ready to win your lawsuit they will stop operations in the US under
that name and start with another, different entity means new lawsuit
the previous one being overseas becomes an impossibility for you to
collect. So, you see.... a patent only protects your invention from
stablished companies here. Even then, if they think your idea is worth
enough they will attempt and 'break' your patent by claiming that the
patent should never had been issued to begin with because.... these
lawsuits are extremely expensive and the individual will ussually give
up after a couple tens of thousands. The best way to make any patent
worth anything is by comercializing it yourself, if you make anything
out of it and you see another company comercialzing it let them be
until they have made enough money that it is worth suing them.
Hopefully in the process they helped you make a name for the product.

for more info on patents and even doityourself visit
http://www.nolo.com/resource.cfm/catID/00E99E7C-76B3-406F-AE703233C2157E4E/310/101/
tons of info on the subject and links to more.

I want to take two completely different industries and merge them in a
way which revolutionizes the first.

The problem with producing my product is that it would still have to
compete with the first industry on all of it?s established progress
over the last 50 years. While I could create my product with in one
month, I don?t feel up to competing with the first industry.

I was rather hoping I could establish my ?concept? then selling it to
the first industry. But ideas are easily stolen and they could easily
say ?NO? then turn around and produce my idea without asking.

As I understand you I really only have two options:
Either buy a large company in the first industry, then produce my idea
and commercialize it very well, or just publish my idea and hope to
make a name for myself.

This world sounds that bleak for a creative thinker? With out the
large sums of money, I can neither, buy a large company in the first
industry, or fight off patent breaking lawsuits. Thus what is the
point of thinking?

There must be an alternative. 

Let me tell you more about my idea. It is, except for actually,
exactly like the situation with the car window defrosting device.
There is a patent on the system which warms your cars rear window
allowing you to defrost on cold days. Can you tell me everything there
is to know about the history of that patent?

SeanReynolds

Beware, when it comes to patents everybody thinks they "know" how they
work.  The truth is that so far no one has given you the proper
advice.  Specifically, elids-ga is only repeating "old wives tales" of
the evils of patents.  There are several reasonable ways to protect a
patented item -- for example, US Customs does a great job of excluding
infringing products right at the border.  Only believe what is told
you, if you can first check the diplomas and licenses on the wall.

The only answer for you is to make an appointment with a Patent Agent
or Patent Attorney near where you live that specializes in the
technology field.  No one can give you proper advice without knowing
the details of your "invention".  Patent agents/attorneys are
Registered by the US government and are ethically bound to keep your
disclosure secret.

Many patent professionals will offer a free initial consultation to
evaluate your invention.

From what you have said, there is a good chance that your invention is
"obivous" (combining two or more known items), BUT it all depends on
the details.  If your invention is worth a patent, then it is worth
investing in some good patent advice from a professional.  This board
is not the place for this advice.

Goof Luck