My Dilemma: A good idea, how to "productize" and how to protect it..

[Ducky_Fresh]

So, this will be all really vague and that's intentional because I don't want anyone stealing my idea. I think it is a genuine good one. And no, I will not share the idea.


I have an idea for a product, but I have no idea how to go about make it. It is somewhat simple, but has a few complex things to consider since it will likely need a battery to power it. I could probably make an ultra rough prototype, but it might be a little tricky. At least something sufficient to validate the product does what I intend it to.

Assuming the idea is validated and it's a viable product, "going to market" is another can of worms. Fortunately, I am in sales and feel like I could navigate those traps. For the sake of this thread, let's assume that will take care of itself.

Here is where we're at:
- We have a product
- We can sell the product

Here is my actual dilemma:

How do I prevent someone from stealing the idea?

1. I feel like it is a fairly simple idea and would be easy enough to copy.
2. If there is a simple mechanical component, even with a patent, aren't those easy to work around? Or would I cover it with a "conceptual" patent of sorts?
3. Can Chinese copies still enter the market via sites like Amazon, etc., or would they be liable for selling products that are ripping off a patented product?

Mostly worried I go do this thing, make a killer "thing" and 10 copy cats spring up.. Foreign or domestic, name brands and non-name brands.

Thoughts?

Anyone know a patent attorney I could talk to and understand what I'd be looking at?

Maybe I need to call Daymond John or something? :/

 

[UDRider]

Patents are only worth as much as your ability to enforce them.

 

[clutchslip]

Patents are only worth as much as your ability to enforce them.

Excellent Debbie Downer reality check. :laughing

Here is how I would proceed:
Start with putting the entire idea, in two sections, in print to copyright it.
1. Product design (It doesn't have to perfect)
2. Loose business plan for three years with potential sales and potential costs.
Put © copyright, by [your name], and the date on every page and on the envelope.

Mail to self and to third party, like an attorney or notary the same in duplicate. Two envelopes remain sealed, the third is opened immediately by a person who will be your witness if you have to sue. Get notarized signed statement that they received sealed envelope and that they saw the plans sent by you. You can send it to anyone. Just get it notarized. This is a legitimate copyright. I know from first hand experience.

Then go get a patent. You can apply without an attorney. But, you had better have very concise plans, and it will take a little work to get a patent pending number. I don't know current wait times, but it can take over six months to get a full patent.

Can I be an angel investor, if UDRider wants to steal the idea? :teeth

 

[rodr]

Patent and copyright are very different animals. Sounds like you want a patent. There are books about how to do that, and a good one will also help you understand that you're probably wasting your time.

 

[Butch]

I think... the only way is to introduce the product in a big way and corner the market.

Flood the market and establish that yours it "the real deal" because your idea will be ripped off anyway.

 

[mean dad]

So, this will be all really vague and that's intentional because I don't want anyone stealing my idea. I think it is a genuine good one. And no, I will not share the idea.


I have an idea for a product, but I have no idea how to go about make it. It is somewhat simple, but has a few complex things to consider since it will likely need a battery to power it. I could probably make an ultra rough prototype, but it might be a little tricky. At least something sufficient to validate the product does what I intend it to.

Assuming the idea is validated and it's a viable product, "going to market" is another can of worms. Fortunately, I am in sales and feel like I could navigate those traps. For the sake of this thread, let's assume that will take care of itself.

Here is where we're at:
- We have a product
- We can sell the product

Here is my actual dilemma:

How do I prevent someone from stealing the idea?

1. I feel like it is a fairly simple idea and would be easy enough to copy.
2. If there is a simple mechanical component, even with a patent, aren't those easy to work around? Or would I cover it with a "conceptual" patent of sorts?
3. Can Chinese copies still enter the market via sites like Amazon, etc., or would they be liable for selling products that are ripping off a patented product?

Mostly worried I go do this thing, make a killer "thing" and 10 copy cats spring up.. Foreign or domestic, name brands and non-name brands.

Thoughts?

Anyone know a patent attorney I could talk to and understand what I'd be looking at?

Maybe I need to call Daymond John or something? :/

Read about the dude that invented (and patented) the Forearm Forklift.
Amazon (and others) sell fakes for less and is just about putting him out of business.

 

[Erbuck]

Barfer Motomania2007 is a patent attorney. Have you PM'd him?

Commercialization of a product or service is a long road for an individual to travel. Good luck.

 

[bergmen]

I've been down this road resulting in a utility patent being eventually awarded (Spin-On Oil Filter Adaptor Kit for Kawasaki ZG1000 Concours and related models).

Being a Mechanical Engineer by profession, I generated the initial design on my personal CAD system. I also wrote a detailed operational definition and specification document.

I then applied for a provisional patent with the help of a patent attorney. There are certain compliance criteria that is fairly easy to do. Not expensive, it cost me about $600.00 IIRC. Once filed, design is protected and it can be referred to as "Patent Pending" status.

This is good for a year. I was able to then engage a local machinist to machine the initial prototypes with "Patent Pending" on the drawings. Fabricators will honor exclusivity and will not share with anyone (kiss of death in the industry).

After initial operational testing and several minor design refinements, I applied for a full patent. I just happened to have a good friend who is a licensed patent attorney who offered to do the paper work pro-bono (saved me about $4k).

I also made an exclusive arrangement with a respected MC accessory outfit and away we went. After more than 1,000 units were sold I gave the design to the distributor and he still offers them on his site.

It was a fun run and still proud of the design.

Dan

(PS: PM me if you have any questions).

 

[Yakoo752]

very cool!

 

[Climber]

Patent and copyright are very different animals. Sounds like you want a patent. There are books about how to do that, and a good one will also help you understand that you're probably wasting your time.

This.

Patents are the way to go, but they won't provide as much protection as you'd think and they are only good in this country. You would have to apply for a patent in every country you want protection, and the government is not going to protect your patent for you, you'd have to sue anybody who infringed on it.

The sad truth is that patents protect the big companies and don't do much for the little guys. Never have, never will.

 

[bergmen]

The sad truth is that patents protect the big companies and don't do much for the little guys. Never have, never will.

Not always. It depends on the product and the intended market. In my case I had full respect from the arena. I did converse with others who had similar ideas but all respected my exclusivity. I was also able to carefully word the patent to make infringement almost impossible without consequences. But it really wasn't worth enough for anyone to seriously try to infringe.

But to be honest, my venture was tiny in the grand scheme of things, very focused in a narrow segment. Very successful IMO, but tiny.

Design ideas with a broader perspective and market are a different animal altogether. A valuable invention could be vulnerable by big money outfits that could work around patent protections. I've been down that road as well having patented designs while working for large corporations. The more valuable a patented invention is, the more likely others will try to maneuver a way to steal or copy it (including China).

Dan