Patent Lawyers and Fees
Patent lawyers charge a large variety of fees. No two are likely to be the same. The first thing to consider is how large your project is. Once you have determined the scope of your project and the category it may fall into like energy efficiency or medical, then you can determine what type of patent lawyer you may need. You see, choosing a law firm to represent you should not be taken lightly. Where is that law firm at with experience in filing patents? Also, do they specialize in certain types of patents or can they do it all. You may feel more comfortable going with someone that handles patents that are similar to yours.
Once a law firm has spent years filing patents for certain types of products they gain experience in what to do and what not to do. By trial and error and tons of study they have built or should have built a reputation in this area, although a law firm with this much experience is not going to come cheap.
If you know for sure you want a law firm to handle things for you, tread carefully. Make sure you do lots of research. Consider seeing if they have solid referrals and a good reputation online. By taking your time you may save yourself tons of headaches and trouble in the future.
Patent Pending
Patent pending does not always mean that the patent will go through. You may see this often on products that you buy. Simply this means that the product has been submitted and is awaiting approval on the patent. Companies have the right to still sell the product even though they do not have this approval. Sure there can be some risks. One risk would be is that the application is denied because the product is too close or similar to another patent. Or they may have failed to complete the necessary requirements in order to gain approval.
Is it unsafe to buy that product? Not necessarily. However depending on the type of product you may want to consider if there could be some risks like with child safety items, etc. However it is a common practice, to start selling something before the product is patent approved. The patent application to approval process can take years.
Patents Do Not Guarantee Sales
Just because you have a patent doesn’t mean that you are guaranteed to make money off the product. A patent can be a good way to protect your idea and bring some sort of value to the end product. When people see a patent on something they may feel more comfortable buying it. But if you think things will be easy as far as sales at that point you may have another thing coming. Getting the patent can be an important step, but you still have to market and sell your idea to the public.
Sales come usually by very hard work. Sure, a company can pick up your idea to sell, but many times patent owners have to market and sell their own product. It can take quite a bit of work in today’s market to sell something online, on TV or in print media. Stores only carry so many products and it is getting tougher and tougher to have your idea picked up.
So you may want to first think about life after you get that patent. In that picture, how will you push your idea to that level where people want to buy it? So have fun, make sure you have a great plan and push forward.
Patents are Not that New
Patents have been around since recorded time. As far back as 500B.C, it was recorded that inventors of luxurious items had the span of one year to register their invention and sell it without competition in order to encourage the production of these luxuries. It may not have been called a patent yet, but basically the principle was the same.
However, in 1449 King Henry VI signed off on the very first patent with an actual license of to John of Utynam for a span of 20 years for inventing how to the make colored glass and bring it to England.
Patents have been used since man has been around. Usually they were given out in order to encourage business men or people to bring their new products into a region in order to increase its power or show that that area was unique and strong. The more unique items a place had, the better their export business would be.
Legal Costs and Patents
There is no way to put an exact cost of legal help on filing for and getting a patent. Some larger companies spend tons of money on attorneys handling their patents for them. Other times individuals like you will do the entire thing for themselves with little to no legal help at all.
First, what many people do is to try and do everything themselves. We are not talking about large businesses; we are talking about small business owners or individuals. There are costs of a few hundred dollars to apply for one, but other than that you may be able to keep the costs very low.
Then there are law firms that will file and do everything for you for a set fee. These fees will vary based on the experience and type of patent you will file. Keep in mind to do your research before choosing anyone to represent you and your ideas.
Then you have the work by the hour firms. These types of situations can really cost you. Lawyers can cost anywhere from a few bucks an hour to hundreds of dollars an hour. So before you decide to go off and file a patent, be sure and do your research and know what areas of law help that you will or may need.
Too Much Time
Sometimes products can be time sensitive as far as how long their stay on the market can or will last. This can happen for a ton of reasons. One reason may be that there are so many advances in technology that newer versions or better versions show up constantly.
Sometimes inventors have to get a product to market quickly once invented. That is why you may see on a product that the patent is pending. Why wait for it to happen, rather that company has the confidence that their product is unique and will be approved. This method may not be for everybody though. You would really need to be careful for proceeding this way. If you end up breaking someone else patent you could end up with a huge legal fight on your hands.
So the need to wait or not really depends on the confidence of that person that their patent pending product will be safe on the market before approval. Huge legal battles have ensued do to this type of thing, someone risky selling something without doing their due diligence.
Something New, Not Borrowed
With the advent of the internet it has become much easier to research whether or not your patent idea has any similarities to other products out there. What makes a product unique? Many times what can make a product successful is not so much doing a spin off of another idea that is on the market but rather a brand new product doing something people need or really want. With the economy in a slump still, people are less looking for wants and spending their money on needs instead. These needs usually vary greatly, however products that can save someone money by using it are a huge hit right now.
Eco-friendly patents are also on the rise. People and companies alike are scrambling to invent products that are see as ‘green’ rather than something that damages our planet. Patents for products such as these can often be sped up through the system now that the government is wanting to get more of these products into the system. Energy saving ideas are highly sought after, yet like anything they do have to work. So consider going for something new on your next product design rather than doing something off an already existing idea.