How do I go about securing my idea?
December 16, 2009 9:30 AM Subscribe
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?
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?
Make sure no one already thought of your idea first. Search the Patent & Trademark Office's records. Your question reminded me that I too had a great idea for the improvement of an existing product, but a quick search showed that someone already patented my idea. So back to work for me!
Information about the patent process here.
posted by That takes balls. at 10:23 AM on December 16, 2009
Information about the patent process here.
posted by That takes balls. at 10:23 AM on December 16, 2009
You also might want to check to see if there are any European patents. Go here.
If it's still a go, I urge you to be really really jazzed about this, since it will cost you in both time and money and very likely heartache. Patent attorneys are not cheap, nor is defending patents against rip off artists.
VCs aren't the ones to worry about, not in my limited experience. Depending on what you are doing, and how big the competition is, the ones to worry about are those who simply want to kill any business before it can get off the ground. They will sue for frivolous reason just to wear down your time and money. (The VCs will be annoyed, but you are a fraction of their total investment portfolio and therefore not as dismayed as you will be. For you it is passion, for them, merely business. (This even after the VCs have put money into the thing, assuming it gets that far.))
Then there's the question of any of your current or past employers. Can they make any claim on your intellect? Do you have a non-compete clause in any old contracts? (Even if not, that may not stop them from suing you in case your idea looks to be getting any traction- see previous paragraph.)
That said, I like your realism so far and wish you the best. Please post under projects if anything comes of it.
posted by IndigoJones at 10:37 AM on December 16, 2009
If it's still a go, I urge you to be really really jazzed about this, since it will cost you in both time and money and very likely heartache. Patent attorneys are not cheap, nor is defending patents against rip off artists.
VCs aren't the ones to worry about, not in my limited experience. Depending on what you are doing, and how big the competition is, the ones to worry about are those who simply want to kill any business before it can get off the ground. They will sue for frivolous reason just to wear down your time and money. (The VCs will be annoyed, but you are a fraction of their total investment portfolio and therefore not as dismayed as you will be. For you it is passion, for them, merely business. (This even after the VCs have put money into the thing, assuming it gets that far.))
Then there's the question of any of your current or past employers. Can they make any claim on your intellect? Do you have a non-compete clause in any old contracts? (Even if not, that may not stop them from suing you in case your idea looks to be getting any traction- see previous paragraph.)
That said, I like your realism so far and wish you the best. Please post under projects if anything comes of it.
posted by IndigoJones at 10:37 AM on December 16, 2009
and therefore they will be not be as dismayed as you will be.
Proofread much? Jesus....
posted by IndigoJones at 10:38 AM on December 16, 2009
Proofread much? Jesus....
posted by IndigoJones at 10:38 AM on December 16, 2009
Start with market research. The USPTO is a good place for that but Google is also your friend. Odds are someone has already thought of your idea. If you still think your improvement is viable, consider a scenario where they role out a similar improvement to their existing product that already has established distribution, brand recognition, etc. Would your idea still be viable? That barely scratches the surface of what market research involves and there is a LOT more (hint: there's an entire industry built around it so its a bit more complicated then one would think)
If you still think it has a shot, build a prototype. If it is not something you can build, hire a firm that specializes in developing product prototypes for manufacturing. This will be expensive and time-consuming.
If it is something you can produce yourself, try to sell it in local mom & pop shops. They will be much easier to break into than a big name store. Also make sure you have an awesome website and try to sell it through there.
This is all incredibly vague, generalized advice since to be honest your post was incredibly vague and generalized. If you can give some additional details that would be very helpful.
posted by Elminster24 at 10:45 AM on December 16, 2009
If you still think it has a shot, build a prototype. If it is not something you can build, hire a firm that specializes in developing product prototypes for manufacturing. This will be expensive and time-consuming.
If it is something you can produce yourself, try to sell it in local mom & pop shops. They will be much easier to break into than a big name store. Also make sure you have an awesome website and try to sell it through there.
This is all incredibly vague, generalized advice since to be honest your post was incredibly vague and generalized. If you can give some additional details that would be very helpful.
posted by Elminster24 at 10:45 AM on December 16, 2009
Response by poster: Elminster24: "Start with market research. The USPTO is a good place for that but Google is also your friend. Odds are someone has already thought of your idea. If you still think your improvement is viable, consider a scenario where they role out a similar improvement to their existing product that already has established distribution, brand recognition, etc. Would your idea still be viable? That barely scratches the surface of what market research involves and there is a LOT more (hint: there's an entire industry built around it so its a bit more complicated then one would think)
If you still think it has a shot, build a prototype. If it is not something you can build, hire a firm that specializes in developing product prototypes for manufacturing. This will be expensive and time-consuming.
If it is something you can produce yourself, try to sell it in local mom & pop shops. They will be much easier to break into than a big name store. Also make sure you have an awesome website and try to sell it through there.
This is all incredibly vague, generalized advice since to be honest your post was incredibly vague and generalized. If you can give some additional details that would be very helpful."
Yeah, my post was pretty vague. I had a burst of Gollum-esque My Precious Idea paranoia.
It's for a device that's all over the place, but in a public context -- it would be sold to industry, not to end users/ consumers.
I've done some basic searching in google and the uspto's records, and there's not really anything on the radar for this improvement, but it is to me OMG simple.
posted by boo_radley at 11:09 AM on December 16, 2009
If you still think it has a shot, build a prototype. If it is not something you can build, hire a firm that specializes in developing product prototypes for manufacturing. This will be expensive and time-consuming.
If it is something you can produce yourself, try to sell it in local mom & pop shops. They will be much easier to break into than a big name store. Also make sure you have an awesome website and try to sell it through there.
This is all incredibly vague, generalized advice since to be honest your post was incredibly vague and generalized. If you can give some additional details that would be very helpful."
Yeah, my post was pretty vague. I had a burst of Gollum-esque My Precious Idea paranoia.
It's for a device that's all over the place, but in a public context -- it would be sold to industry, not to end users/ consumers.
I've done some basic searching in google and the uspto's records, and there's not really anything on the radar for this improvement, but it is to me OMG simple.
posted by boo_radley at 11:09 AM on December 16, 2009
Very few VC these days are going to invest in a consumer product; there is simply too much rampant cloning in asia.
A better bet is to raise personal capital to pursue it, if anything, or to just write it down as a great idea and let it go.
posted by rr at 11:14 AM on December 16, 2009
A better bet is to raise personal capital to pursue it, if anything, or to just write it down as a great idea and let it go.
posted by rr at 11:14 AM on December 16, 2009
Response by poster: rr: "Very few VC these days are going to invest in a consumer product; there is simply too much rampant cloning in asia.
A better bet is to raise personal capital to pursue it, if anything, or to just write it down as a great idea and let it go."
It's not a consumer product -- it's a refinement to an existing industrial product.
posted by boo_radley at 11:19 AM on December 16, 2009
A better bet is to raise personal capital to pursue it, if anything, or to just write it down as a great idea and let it go."
It's not a consumer product -- it's a refinement to an existing industrial product.
posted by boo_radley at 11:19 AM on December 16, 2009
IANAL, but there is a non-obviousness requirement to filing a patent. If your idea is, as you say, 'OMG simple', it may be difficult to protect it with intellectual property law, and impossible to prevent the manufacturers of the existing product from simply implementing the improvement themselves without paying you.
posted by James Scott-Brown at 12:03 PM on December 16, 2009
posted by James Scott-Brown at 12:03 PM on December 16, 2009
You could try to license the idea to the company or one of the companies that makes the product you're improving. They know their market and are likely to be the ones in the best position to see the value of the improvement.
If you wanted to protect this before attempting this you could get a provisional patent which are much less expensive.
posted by striker at 2:01 PM on December 16, 2009
If you wanted to protect this before attempting this you could get a provisional patent which are much less expensive.
posted by striker at 2:01 PM on December 16, 2009
If it is not a consumer product, get US and international patent protection and then either sell the patent to a patent troll or try to license it.
posted by rr at 4:26 PM on December 16, 2009
posted by rr at 4:26 PM on December 16, 2009
Response by poster: Well, I talked with an engineer buddy of mine and he said, "Huh, that's a good idea, we should look at that." We're looking at prototype equipment and clearing out the garage IN SECRET. The product we're modifying is right around $500 for industry people, so we pitched in and we're setting up shop.
so awesome and exciting
posted by boo_radley at 6:47 PM on December 16, 2009
so awesome and exciting
posted by boo_radley at 6:47 PM on December 16, 2009
Please be aware that non-US patent laws are quite different than the US. In the US, you have up to a year following disclosure, not so in Europe.
posted by rr at 9:32 AM on December 18, 2009
posted by rr at 9:32 AM on December 18, 2009
This thread is closed to new comments.
posted by beagle at 9:37 AM on December 16, 2009