Re: off topic : need patent help
Posted by
Bob Christie
on 2011-11-29 20:42:40 UTC
My company is in the business of taking ideas and turning them into marketable products. The majority of our work is in the disposable medical device industry. I have been creating and developing products for over 30 years and you won't find my name on or associated with any patents. I always turn the IP over to whoever is paying the tab.
Now that's not to say I don't know how the system works, because I am very much involved in the patent process. When I design and develop a product I have to do my fair share of research to see if what I am doing is going to infringe on an existing patent. I also have to make sure that what I design can be patented and hold up to patent infringement. As the majority of my work is in the medical field, I also have to deal with the FDA. Now we are talking a whole other ballgame, 510K apps, design documentation, testing, etc.
Now some of what was stated already is true, some is a little exaggerated.
First a few patent facts. The US is now in line with international patent law in the respect that we now have first to file. Which means the first person to file the application is the owner (if the patent is approved). This means you have to be a little careful who you talk to.
Now a patent can cost thousands and that depends on how long the researcher(s) spend validating and doing patent searches. You are paying by the hour and they make good money.
I have had the pleasure of working with some great IP attorneys and they are worth what they charge, but that is not to say that every idea is worth a patent.
Then there is the issue of defending a patent. Good luck on that one. Deep pockets will be needed if you get into a legal battle with a major corp. And well if you sue the average joe, he most likely has nothing to pay you with so you end up with his rusty pickup truck and maybe his best huntin dawg.
The real threat is China or some other off shore pirate. International patent is big dollars. Then you can fight over in china. By the way, China believe it or not is still a State run country. Ninety percent of business is still owned or "sponsored" by the government, so in reality you are suing China in China.
If you do sue a private citizen and do win what do you hope to get out of the deal? Not much.
So you have to do the math. The cost of the patent and defending it has to be added to the manufacturing/marketing costs of whatever you dreamed up. If it's a great product there will be a knock off in a few months, patent or no patent. What you can always do is make a million of them and sell them quick then get out.
Now that's not to say I don't know how the system works, because I am very much involved in the patent process. When I design and develop a product I have to do my fair share of research to see if what I am doing is going to infringe on an existing patent. I also have to make sure that what I design can be patented and hold up to patent infringement. As the majority of my work is in the medical field, I also have to deal with the FDA. Now we are talking a whole other ballgame, 510K apps, design documentation, testing, etc.
Now some of what was stated already is true, some is a little exaggerated.
First a few patent facts. The US is now in line with international patent law in the respect that we now have first to file. Which means the first person to file the application is the owner (if the patent is approved). This means you have to be a little careful who you talk to.
Now a patent can cost thousands and that depends on how long the researcher(s) spend validating and doing patent searches. You are paying by the hour and they make good money.
I have had the pleasure of working with some great IP attorneys and they are worth what they charge, but that is not to say that every idea is worth a patent.
Then there is the issue of defending a patent. Good luck on that one. Deep pockets will be needed if you get into a legal battle with a major corp. And well if you sue the average joe, he most likely has nothing to pay you with so you end up with his rusty pickup truck and maybe his best huntin dawg.
The real threat is China or some other off shore pirate. International patent is big dollars. Then you can fight over in china. By the way, China believe it or not is still a State run country. Ninety percent of business is still owned or "sponsored" by the government, so in reality you are suing China in China.
If you do sue a private citizen and do win what do you hope to get out of the deal? Not much.
So you have to do the math. The cost of the patent and defending it has to be added to the manufacturing/marketing costs of whatever you dreamed up. If it's a great product there will be a knock off in a few months, patent or no patent. What you can always do is make a million of them and sell them quick then get out.
Discussion Thread
turbulatordude
2011-11-22 10:06:00 UTC
off topic : need patent help
Jack McKie
2011-11-22 10:17:26 UTC
Re: [CAD_CAM_EDM_DRO] off topic : need patent help
turbulatordude
2011-11-23 09:13:18 UTC
Re: off topic : need patent help
Phil@Y...
2011-11-23 10:34:46 UTC
Re: [CAD_CAM_EDM_DRO] off topic : need patent help
Jack McKie
2011-11-23 12:11:37 UTC
Re: [CAD_CAM_EDM_DRO] off topic : need patent help
Gary Click
2011-11-23 13:48:41 UTC
RE: [CAD_CAM_EDM_DRO] off topic : need patent help
cnc_joker
2011-11-28 07:01:41 UTC
Re: off topic : need patent help
Bob Christie
2011-11-29 20:42:40 UTC
Re: off topic : need patent help
Brian Worth
2011-11-29 21:23:24 UTC
Re: [CAD_CAM_EDM_DRO] Re: off topic : need patent help
Bob Christie
2011-12-02 23:29:34 UTC
Re: off topic : need patent help
william
2011-12-03 05:56:50 UTC
Re: off topic : need patent help
turbulatordude
2011-12-03 06:02:33 UTC
Re: off topic : need patent help
turbulatordude
2011-12-03 06:49:07 UTC
Re: off topic : need patent help
Rob B
2011-12-03 12:24:04 UTC
Re: [CAD_CAM_EDM_DRO] Re: off topic : need patent help
Tom
2011-12-03 12:31:58 UTC
Re: off topic : need patent help {WAY of TOPIC..]