Ask MetaFilter questions tagged with patent

How do I go about securing my idea?

boo_radley — Wed, 16 Dec 2009 09:30:43 -0800

I have an awesome idea for an improvement for a product. What now? I have absolutely no idea on how to get this from "Awesome idea in my head" into a physical real product. I have some vague awareness that I need to write up a Business Case (a what?) and then have a venture capitalist come in and tell me my idea is rubbish before stealing it and leaving me destitute, but I'd like some help on the middle bits.

Do I need to patent the thing? Can I patent the thing without a physical representation? Do I just need a drawing?

IPR for a new Google business service?

Eltulipan — Fri, 04 Dec 2009 06:17:03 -0800

How do I go about proposing a new business service concept to Google? So I got this great idea for a new business service on Google. See http://www.google.com/friendconnect/home/overview?hl=en for an example. My question is how to go about protecting my idea and entering into a meaningful discussion with them on feasability. Apologies for being vague about the idea itself, for obvious reasons.

Seeking clicking mechanism or design...

pallen123 — Sat, 21 Nov 2009 08:21:02 -0800

What kind of small toys or devices click when you rotate them forwards and backwards? Seeking mechanism or design... I’m trying to help a friend design a small toy and she needs a mechanism that will click in very small increments as she rotates a small (1 inch diameter) dial that turns 360 degrees on its axis. She needs the dial to click precisely as it turns clockwise and counterclockwise in smallish increments. I was thinking a fishing reel mechanism might work, but that just allows turning in one direction. Then I thought a ratchet wrench mechanism might work, but that also turns in just one direction (and I’m not sure how the inside of a ratchet wrench works either). Can anyone think of existing toys or devices that have a clicking mechanism that freely rotate? Novel solutions? Suggestions? Thank you!

Who owns the button patent?

shmegegge — Tue, 20 Oct 2009 13:08:50 -0800

Does anyone own a patent for the button? As in, the button you press to turn on your tv, or to dial your phone, or to nuke the planet from orbit. not the button on your shirt. I was once told that someone or some company owns the patent for the standard electric/electronic button, and that any company which uses one must pay a licensing fee to said company. is this true? if so, who? how much does one pay for this?

WANT TO PRODUCE A FRAGRANCE: HOW?

defmute — Sat, 05 Sep 2009 21:56:31 -0800

I want to sell a cologne. How do I do that? I have a brilliant idea for a new fragrance. Now what? Can I patent a fragrance before it goes into production?

How do I protect a card game invention?

velvetsmog — Fri, 04 Sep 2009 15:51:34 -0800

I have invented a card game and would like to protect it before I start large-scale game testing. I can't find useful information about the laws surrounding protecting this kind of intellectual property. First, what kind of protections should I be seeking for a card game? Second, any recommendations on reputable, ethical lawyers in Seattle who can help me protect my game?

Where to buy a patent plaque

Blue Jello Elf — Thu, 09 Jul 2009 20:01:21 -0800

What company should we order a patent plaque from? A family member was named on a patent that was recently approved by the US Patent Office. However, she no longer works at the company that owns the patent, and so won't be receiving a patent plaque from the company. We would like to purchase one for her as a gift, but it's difficult to tell which of the companies are worthwhile. The sites that come up in a Google search are hard to differentiate from one another.

Any suggestions which we should order from? If you work for a company that issues these kinds of plaques to their employees, do you know what company they use?

Help with a USPTO certificate of mailing

mercredi — Tue, 21 Apr 2009 11:17:02 -0800

USPTO question: Am I the only person who needs to fill out the Certificate of Mailing, or does something need to be filled out/signed/stamped by the post office? Looking at the form, it looks like something that only I need to sign, but when I spoke to a woman at the PTO on the phone, she said that I needed to get the post office to do something. I don't think that's right, reading the reg, and looking at the form, but I was looking for a little advice. Thanks!

Does the USPTO like me? Y/N

palmcorder_yajna — Wed, 01 Apr 2009 14:12:46 -0800

Should I take the patent bar? I just figured out that I'm qualified to sit for the patent bar. That's pretty cool, but would it actually be useful?

Here's the deal. I'm an attorney admitted to practice in 2 states in the Pacific Northwest, but I don't actually want to practice law.

For the past few years, I've been working as a paralegal and taking as many biology, chemistry, and math classes as possible, with an eye toward getting a Ph.D in molecular and cellular bio. The grad school thing is going to happen soon. There's a small chance I'll be going this fall and there's a nearly 100% chance that I'll be a grad student as of fall '10.

Stipends for grad students, as I'm sure y'all know, are not the most generous things on earth, so it would be really nice to have some kind of extremely part-time, supplemental income stream while I'm working toward my Ph.D. Years ago, when I was fresh out of law school and pounding the pavement looking for entry-level lawyer jobs, I was told by recruiters and HR types that there was a lot of part-time and temporary contract work out there for patent attorneys, even if they didn't have experience or sterling academic credentials. This, however, was before the dot-com bubble burst.

Since that time, I've not talked to a lot of recruiters or HR types, but I have heard a many, many (non-IP) attorneys gushing at length about the wonders of patent bar membership. I hear that work is plentiful, that contract assignments are easy to find as mushrooms after a spring rain, and that if you're not interested in prestige, partnership, or ladder-climbing, you can essentially work as much or as little as you want. Basically, folks around here seem to believe that once the USPTO gives you the nod, Fritz Garland Lanham himself visits you in spectral form to issue you your own private unicorn. It sounds way, way, way, too good to be true.

Application and prep for the patent bar exam would cost somewhere in the neighborhood of $1500.00, and I'd have to devote several dozen hours to studying that, all other things being equal, I'd rather spend learning biochemistry. The investment of time and energy would be worth it, however, if it would afford me a reasonable chance of getting the following:

(1) Part-time work (averaging 15 hours a week or less) at a pay rate of $55/hr or more; or
(2) Extremely limited duration contracts (in the 3 week range) of more-or-less full-time work, a few times a year.

I should also add that, back in law school, I loved studying IP law. I didn't pursue it then because I didn't have the scientific chops for it. Now, apparently, I do. I am 99.99993% sure that I don't want to be a career patent attorney, but doing a little of it on the side sounds like it could be a lot of fun.

So what do you think, mefi IP law types? Is there really a patent law fairy?

I need help with this creation.

CollectiveMind — Sun, 08 Feb 2009 08:01:55 -0800

I have invented a calendar that I think is unique in design and function. Last year, I spent six months reviewing copyrights and patents (and applications) from the US Patent and Trademark Office and US Copyright Office office and didn't see or read anything that fits it. I've since filed for a patent and a copyright. I'm told I'll get one or the other since it is either art or a device, but not both.
I think its design is to the standard calendar as the Reverse Polish Notation Calculator is to the standard calculator. I mean, it's initially confusing, but once you get used to it, it's much more efficient. To me, this means it would only appeal to a niche market, but probably a strong and loyal niche market - engineers, actuaries, event planners, etc.

My main question is, how can I get it printed for distribution and in front of my niche? I frequent a lot of thrift stores, and last week, barely missed buying an HP Large Format Printer for under $100. The office supply stores and online printers, by contrast, charge about $8 per sq. foot for the kind of color it has. And because I think it must be at least wall poster size to be of practical use, that makes the cost of each one nearly $70. That seems to much forthe market to bear. Does anybody know how I can reproduce this and get it circulating (and among whom) in the market, either by finding a cheap, large format printer or a cheap means for digital or offset printing?

Should I take the USPTO exam just because it's there?

Anonymous — Mon, 26 Jan 2009 20:04:36 -0800

I'm a scientist considering taking the USPTO exam. I have a few questions. I'm considering doing this to put an extra qualification on my CV, and as an emergency back-up career path for the future; I have no immediate plans to switch careers or to patent any inventions. So I have two questions:
1) I'm assuming, without much evidence, that this test is not terribly difficult. With a few weeks of study from cheap or free materials, could I could sit the exam and have a decent chance of passing? What materials would you recommend (other than the manual itself)?
2) Since I plan to invest as little into this project as possible, I expect to pass with a low score, and perhaps not on my first attempt. Could a low score on the exam make things difficult down the road if I decide to work in the field? Or is it truly a pass-fail process, where they care only whether you are or are not certified?

Would US Google patent prevent Google forge abroad?

luntain — Tue, 20 Jan 2009 13:44:43 -0800

Let's assume I have a US patent for a certain software server technology, like better Google or youtube. Would this patent protect me from infringement abroad, where servers would serve requests coming from USA? Patent holders may sue people who import goods that use invention. Is sending content in response to a request equivalent to exporting?

How hard is it to become a patent examiner?

rybreadmed — Sun, 12 Oct 2008 22:46:26 -0800

Is it difficult to get hired by the U.S. Patent and Trademark Office as a patent examiner? I talked to a person from the USPTO at a recent university career fair. I'm wondering if anybody knows how their interview process works, how long their hiring process takes, and how competitive it is to get a job there. I've learned (both through researching online and from the person at the career fair) that they're aiming to hire 1,200 patent examiners this year. Keep in mind, I've looked at their job requirements, and meet them (engineering degree, good GPA, etc.).

Also, I've heard that the job is extraordinarily boring. Is this true? I know, I know--different strokes for different folks, boredom is subjective, yada yada. So, is it boring?

The benefits and pay seemed absolutely amazing, too. I worked at the IRS before going back to school for engineering, and the benefits and pay were terrible. But at the USPTO, that doesn't seem to be the case. I'm interested in all the long-term opportunities and pay--as well as the government paying for law school after two years. Does all this really exist, or was the recruiter blowing smoke up my buttocks? Are there certain conditions that only .01% of the employees can even meet to take advantage of these opportunities?

Does anybody have any insight on working at the USPTO? Insight on anything that could help me or enlighten me? How's the 'organizational culture' there?

I'm interested in patent agent-ing

universal_qlc — Fri, 03 Oct 2008 10:20:27 -0800

How does one become a patent agent in the United States? While I understand that to officially become a patent agent, one must possess a B.S. or graduate degree in an approved field and pass the USPTO patent bar exam, which is typical (if either): taking the exam and then finding a position, or working as a patent engineer or other role similar to that of a patent agent and studying for the exam while you work?

Either way, what's the recommended way of getting started as a patent agent?

To the Patent Office I go?

tmcw — Sun, 10 Aug 2008 15:32:07 -0800

DoesorwhydoesntthisexistFilter: A very simple guitar synth. So, it's quite simple.

You have a microcontroller.

And each of the six strings on a normal guitar are isolated electronically. So, like most acoustic guitars, the bridge does not conduct between them.

You have grounds on each of the frets. You run a very small charge through each string in quick succession - let's say, taking a tenth of a second to run through each string. Charging each string individually eliminates the guesswork of which string is pressed to each fret.

After that, it's straightforward to figure out where each string is fretted. This will not deal with bending strings, etc, but it could way exceed the tracking time of a Roland guitar synth, etc. To avoid a nasty line of wires grounding each fret, you could do it all within the neck, next to the truss rod, and connect to internal electronics.

Does this not exist? I've been killing myself over whether it does or does not, or could not, etc. If not, it seems incredibly straightforward to implement it with Arduino with a multiplexer. I'm really considering getting a semi-junker guitar to try this out: the possibilities seem quite cool: for instance, combining this with a footpedal to sustain a chord with a softsynth while playing other parts with the guitar.

Eh eh? Too simple? Huh?

Should I ~~copyright~~ patent this? Make it? Buy it?

Seriously this was a really good sandwich.

Dillonlikescookies — Sat, 21 Jun 2008 20:39:33 -0800

Can I patent a sandwich? I may have just invented the best sandwich ever, and before I reveal the recipe I want to know it's safe from those would attempt to misuse it's power for evil. Naturally, I would share it, but I want to protect my invention first. There are only two ingredients but pairing them is pretty rare. Turns out it tastes great. Can a sandwich be patented at all? Does it have to be weird enough before I can? Do I have to commercially exploit it in order to patent it? Is the cost prohibitive for whimsical patents? Is the world ready to accept a vegetarian candidate for the king of sandwiches?

I'm not even hungry and I want one now. I might go to the supermarket for more ingredients even though I don't need any other groceries. It's that good. My mouth is watering thinking about it. It's hard to overstate how good this sandwich was, but I like to think it was art

I could be rich from this. People would take out loans for these babies. We're talking devote your whole life to getting them because nothing taste good in comparison, living in the gutter begging for change to go buy one type good.

Naturally, after becoming independently wealthy I would donate profits to charity and allow certain organizations free use of the recipe, you know, pull a Paul Newman, I mean, there's only so much money one guy needs.

It would be kind of cool to have a patent as a conversation piece. I'm in New Zealand so our patent law might be a bit weird. Is there anyone I can call to get (preferably free) advice from?

And where can I order bulk quantities of cough syrup?

Patents and research

parkerjackson — Tue, 03 Jun 2008 14:02:07 -0800

I want to do a research study involving someone else's patented idea. What magic powers do patents have on the use of the idea in research? I’ve got a research idea that revolves around the use of cartoons in test directions. I got the idea from a published test. Notice that the picture of the directions indicates that there is a patent pending.

How much does that limit the use of that idea for research purposes? I just want to investigate a question about cartoon directions, and that would require replicating those directions for another test, but I’m not trying to sell my derivative work. Note that it would be part of my dissertation, which means I would be publishing my derivative work in that form.

What are the limits of patent power? How narrow are their domains? It’s almost certain this is not a novel idea (illustrations to support test directions are not a new invention, though perhaps with thought-bubbles, etc. it is). At what point does another test using cartoons for directions infringe on this patent?

You are not my patent lawyer, I know, but what are the basics I need to know before I dig in?

PatentFilter

yoyo_nyc — Mon, 14 Jan 2008 07:12:16 -0800

PatentFilter: When das a patent expire? PatentFilter: When das a patent expire, assuming the company always pays the maintaining fees?

AFAIK it is 20 years. Not we have 3 dates on the patent:

1. Foreign filling date (priority date)
2. US filling date
3. Date of patent

1st is the oldest date, 3. the youngest.
Specific questions:
* After how many years does the patent expire?
* What is the relevant date out of the three?

Thx Yoyo

A worthwhile idea hitting an expensive wall...a philanthropic idea in trouble

omnigut — Sun, 06 Jan 2008 16:01:39 -0800

I am currently involved in setting up a website, and it is proving to be a Herculean task. However, thanks to an instilled sense of guilt and a desire to feel worthful, for a change, I have decided to give back to those that may not be as lucky, as rich, or as pretty as me, namely New York’s starving (or just struggling) artists. My goal, through this website, is to give them a helping hand for free, but obviously need some sort of funding and business plan to move forwards with. I have no experience with any of this. Please help! My main concerns, not having ever done this before, are worrying about how to get funding/donations, whether I need to turn it into an NPO, and whether I should be worried about business-minded people stealing my idea, commercializing it, and basically shoving me out of the way. The following are a list of problems for the immediate future. I have listed them all here because of AskMetafilter’s one-week policy on posting new threads. Making the site:
1) I have a half-working site using Joomla. What still needs to be changed on it is above Joomla’s ability to provide, and my ability to write code (which is basically no ability). This means I need a computer person to work it for me, but…

Security issues:
2) ...I am worried that the idea for my site might be stolen. I want to make a site with little or no advertising on it, and where everybody involved is getting some benefit out of it, thus keeping the content coming in, changing it, and keeping it exciting. However, I have a potentially profitable idea, and I’m worried it’ll be stolen, and set up much faster and better than I can. The idea itself is for a sort of free online stage (music, videos, writing, pictures) linked with a magazine written by students, based in New York City. Do I patent the idea? Trademark? Hope that I just do it better than anyone else who likes the idea and tries to steal it? Can I trust computer guys? And if I do need to get a patent, how do I get around the ten thousand dollars it’ll cost to get one? And if I need that kind of money…

Funding:
3) My budget is low, in the “few thousand” region. I have friends I could borrow money off, and could get a loan, but I’m not looking to spend much. However, I would like more money, and as it’s in NYC, and to do with struggling artists, I thought it might be easy to get some sort of funding from a foundation interested in promoting art here. However, I’m not a non-profit organization, I’m a guy with an idea for a website…how do I go about continuing the process?
4) I am a student at the New School, and have friends who teach at NYU, as well as some other good contacts. The site is geared to help struggling artists, street artists, and students. I am sure I can get support from peers in putting content onto the site, but I’m not sure how to get money off the universities themselves. Anyone have college funding experience?
5) I’m fairly sure that MUNY (Music Under New York) would also like this idea, but don’t know how to propose the idea to them either. Anyone know anything about the atmosphere in MUNY offices?
6) Anybody know foundations or people looking to send money to help out art in NYC? There must be lots…

If you have answers to any of these questions, I would love to hear anything you can offer. I have quite a lot of time on my hands, and am going to take a couple of classes next semester in which I can work on this idea for credit. I’m even hoping that my peers will want to help produce content for the site for free, as it’ll get their writing “out there.” I’m energetic, driven, and excited about this whole thing, it’s just so much work. I must already have spent a thousand dollars and around three hundred hours, and have little to show for it so far. I have also done some research on each of the above points (and have a lot of ideas from other posts on this site), but would really appreciate some more help. I cannot afford membership to the Independent Sector (I don’t think, unless I’m misunderstanding their webpage), the Foundations Library seems expensive and confusing, the foundation directory I could afford, but am not totally sure it’s what I want, and I’m finding it difficult to navigate the IRS website. Thank you Metafilter!

Should I pursue an e-commerce patent?

subpixel — Fri, 28 Dec 2007 10:22:05 -0800

I'm developing an e-commerce project with business processes that are truly unique and might be patentable. I understand there is serious debate about the benefit and/or validity of many patents in this field, but I think my idea stands up to the bullshit test, and I don't think protecting it would be anti-competitive.

So, should I launch and go about protecting the invention later, or should I hire a patent attorney right away? I've searched the patent databases myself and found nothing remotely similar. But I'm not an expert.

Patent Attorney Needed: San Francisco

trevyn — Sun, 18 Nov 2007 02:46:08 -0800

Anyone have any experiences with San Francisco patent attorneys? I want to try to get a utility patent. I know there's lots of steps, time, and money involved. I want someone who can do it right, and the best possible chance of a successful issuance; I don't want to take any chances or shortcuts. Who should I see?

It's a very simple business process / Internet thing.

High Risk Patent

JakeLL — Tue, 16 Oct 2007 12:29:30 -0800

I had an idea that, if patentable, would be worth quite a bit. However the chance of it being patentable is low (about 10-20%) and wouldn't be marketable by itself and would most likely require sale to a computer manufacturer. Are there any businesses that handle these kinds of ideas for a % of ownership in the potential patent? I'm looking to not pay anything up front, but am willing to lose a fairly high percentage of ownership over my idea. Does anything exist?

If this is patentable, assume that it would clearly be worth, at the bare minimum, $5 million, but probably much more. (More on top of that if the patent was intentionally trolled, which I would personally like to avoid.)

Being local to Austin, TX would be preference, but I realize it's questionable that anything exists.

PatentFilter

yoyo_nyc — Sat, 13 Oct 2007 16:13:25 -0800

PatentFilter: If a company has a patent in its non-US home country, can it sill after some years apply for a US-Patent? PatentFilter: If a company has a patent in its non-US home country (let's say China) , can it sill after some years apply for a US-Patent?

Forwarding emails to your phone patents

lundman — Tue, 28 Aug 2007 19:41:07 -0800

ISP, OpenSource options that can forward emails to your phone/alternate-address, so that when you reply, the replies are sent from your email address (and not from your phone's email address), and threats of patenting said idea. Friend Bob sends email to Fred
ISP receives mail, forwards it to Fred's Phone.
Fred reads email on phone, and just hits reply to send a reply email.
ISP receives reply, and forwards it to Bob, re-writing the From address from Fred's phone address, to Fred's address.

To me, this is nothing special. I could see several ways to develop this,
1: with a 12345@isp.address encoding, where "12345" is mapped to original From. Means you have to store it somewhere, and for how long?
2: Encode the original from, (plain, or something more compact like bas64) BaSe64MsGAddREs@isp.address. But, email has a max (64?) so whatever you encode, PLUS your domain might be an issue.
3: Add an X-OrgMail: header line. Will all phones keep X-Header entries?
4: Encode the original email in domain: user@original.com.isp.address and has *.isp.address MX point to MX server. Since domain max length is greater than username, it should always fit.

So, this company is trying to sell us this service, I consider is simple/banal to the point that I would not ask for more money for the feature. But they claim to be going through the patent process for it so we should not even try to have this feature (although, we already do, but not using #4). I believe they are to use method #4.

I could imagine there are a huge amount of ISPs with this feature already in existence., maybe even using #4 as the method. There could even be OpenSource software that does it. Does anyone know of any? If I can show it is really an old-hat, then there should be no need to fear their threats of "patent pending". With all the crazy patents approved these days, one can not feel confident that trivial "ideas" like this don't get approved.

How do I apply a new technology to old products when I have access to neither, and make money doing it?

UnclePlayground — Fri, 03 Aug 2007 06:10:59 -0800

How do I apply a new technology to old products when I have access to neither, and make money doing it? Let's say there's this new, great technology just announced. Really brand new. The people who have come up with it really don't even know what to do with it. They have a few applications, but nothing extraordinary. And then I see a niche in the marketplace that this technology can be applied to. Consumers will pay lots of money if this new technology is applied to products already available. There's a lot of doubt that these products currently work properly. With the new technology applied, chances are that the product will be fool-proof and everyone will want one.

Now, I have access to neither the new technology, or the products. Just the idea to combine the two. How do I get a percentage of the profits from presenting my idea to the right people? Is this a patent lawyer thing? How do I get the best deal for myself from my idea?