boguslaw,
If you have a patent on something...what does that mean? My wife works in intellectual property law and does this stuff for a living, so I KNOW what it means. Here are some of the things you might or might not know about a patent.
1. It protects your rights so that others cannot manufacture and sell your patented device. But if I shared with you how to construct it, you could build your own, (as long as you don't start selling them to make a profit) however, if I disclose that info to TOO many people BEFORE I have a patent (and someone can prove I did), I no longer have the right to try and GET a patent because I have made it "public knowledge" and the line as to how many people constitutes "public knowledge" is VERY blurry. I believe that answers your most important concern. Would I dump the solution on this thread? Sure....right after my provisional patent was filed. Build one for yourself....what do I care?
If I think you are manufacturing and selling MY device, as the patent holder, my patent gives me the right to sue you....if I have the money to do that. First I have to find out you are doing it and then I have to defend my patent by taking you to court. So if Exxon starts manufacturing a look alike device, I have to go up against them and all their lawyers and alllllll their money in court to try and defend my patent. Won't that be fun?? What do you think my chances are, because....
2. If ANYONE challenges ANY PARTt of your patent in court saying it was covered by a prior patent, then YOU must go to court and defend your patent. Failure to do so will void your patent. So if you come up with something good, every major entity out there is gonna haul your butt into court claiming that some patent they dug up is a prior patent of some part of your device, and unless you have incredibly deep pockets, you are dead in the water before you get off the ground. Try to fight off 25 or 30 lawsuits from a major corporation that wants nothing more than for you to give up so they can file on your device.
SO the ONLY intelligent thing to do is file for a provisional patent, which allows you to contact some deep pocket investors who will give you some research money to operate with for a while and try to perfect the thing. Then sell the rights to the sucker before your provisional expires. Sell some kits....go on TV....write a book....Become famous as the guy or group of guys that changed the world. I know better than to think I will ever get rich off this stuff. Not possible. There is too much prior research out there in this area, and they will drag up some patent from somewhere that kills you.
Matt and I have talked about this a lot. I talk to my wife about it every day, and she talks to others in the intellectual property field who fight these kinds of battles all the time.
If we work together and find something, we could file a provisional patent and possibly get some research money or sell the rights to somebody with deep pockets, but to expect to be able to patent a device and defend that patent against all those big boys who want to shut you down? FAT CHANCE!
If you're going to get rich off this it will be because you become famous as the person or group who changed the world. That's it. ....or maybe file a provisional....leak the plans on the internet in a few places...let someone start manufacturing them and become really rich, then sue them for patent infringement. Yeah, that might work!
If you have a patent on something...what does that mean? My wife works in intellectual property law and does this stuff for a living, so I KNOW what it means. Here are some of the things you might or might not know about a patent.
1. It protects your rights so that others cannot manufacture and sell your patented device. But if I shared with you how to construct it, you could build your own, (as long as you don't start selling them to make a profit) however, if I disclose that info to TOO many people BEFORE I have a patent (and someone can prove I did), I no longer have the right to try and GET a patent because I have made it "public knowledge" and the line as to how many people constitutes "public knowledge" is VERY blurry. I believe that answers your most important concern. Would I dump the solution on this thread? Sure....right after my provisional patent was filed. Build one for yourself....what do I care?
If I think you are manufacturing and selling MY device, as the patent holder, my patent gives me the right to sue you....if I have the money to do that. First I have to find out you are doing it and then I have to defend my patent by taking you to court. So if Exxon starts manufacturing a look alike device, I have to go up against them and all their lawyers and alllllll their money in court to try and defend my patent. Won't that be fun?? What do you think my chances are, because....
2. If ANYONE challenges ANY PARTt of your patent in court saying it was covered by a prior patent, then YOU must go to court and defend your patent. Failure to do so will void your patent. So if you come up with something good, every major entity out there is gonna haul your butt into court claiming that some patent they dug up is a prior patent of some part of your device, and unless you have incredibly deep pockets, you are dead in the water before you get off the ground. Try to fight off 25 or 30 lawsuits from a major corporation that wants nothing more than for you to give up so they can file on your device.
SO the ONLY intelligent thing to do is file for a provisional patent, which allows you to contact some deep pocket investors who will give you some research money to operate with for a while and try to perfect the thing. Then sell the rights to the sucker before your provisional expires. Sell some kits....go on TV....write a book....Become famous as the guy or group of guys that changed the world. I know better than to think I will ever get rich off this stuff. Not possible. There is too much prior research out there in this area, and they will drag up some patent from somewhere that kills you.
Matt and I have talked about this a lot. I talk to my wife about it every day, and she talks to others in the intellectual property field who fight these kinds of battles all the time.
If we work together and find something, we could file a provisional patent and possibly get some research money or sell the rights to somebody with deep pockets, but to expect to be able to patent a device and defend that patent against all those big boys who want to shut you down? FAT CHANCE!
If you're going to get rich off this it will be because you become famous as the person or group who changed the world. That's it. ....or maybe file a provisional....leak the plans on the internet in a few places...let someone start manufacturing them and become really rich, then sue them for patent infringement. Yeah, that might work!
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