I agree with Derek (and I am a patent agent who makes money on trying to get people to patent).

When you first have an idea and little money, there are a few things which you need to do before jumping right into the patent process (which can be very costly).

1. Keep your ideas to yourself. You can lose patent rights by prematurely disclosing your idea to the public, not to mention you run the risk of people stealing it.
2. Market Research, Market Research, Market Research. Truly make sure there is a need for your product and find out what similar solutions there are out there. Why is your idea better? Would people really buy it? How much would they pay?
3. How are you going to sell it? You can have a great idea but if you don’t have anyway to reach your customers and sell it, you are dead in the water.
4. If everything looks good so far, and you must disclose your idea, then you can think about filing a provisional patent at this point.

One other important point, Document your ideas in writing and use pen (not pencil), get someone who is not related to you to view them and sign them as a witness. In the United States we have a “First to Invent” patent system which means that even if someone else beats you to the patent office, you can use your notes to prove that you were the first to invent something. This is the cheapest way to initially protect your idea (United States only).

Hi Derek, Looks like you are on a roll with your multiple licensed products.Congratulations. How much time and money did you invest with this latest product?

Brad F, I have a question – if you have a witness sign your notes of inventing something, am I not disclosing my idea to this person by this risking to loose right to patent it? Thanks in advance.

Thanks Derek for sharing about your latest success.

Alice, having a person sign a non-disclosure agreement before they read and hopefully understand an invention written up in your inventor’s notebook seems prudent and does not hurt. The person reading the material is supposed to be a person who would not benefit if the idea was a success and typically is not a family member.

Good question Alice.

As long as you tell the person it is confidential then it would not be considered a “public disclosure” and you would not lose any patent rights. However, they may try to steal your idea if you do not trust them. If that is the case, you can also ask them to sign a non-disclosure agreement but that might be overkill if its a close fried of yours.

Brad and Dond, thanks for responding. I do trust the potential witness person. I don’t think he would try to steal the idea. I was worried about the law being that you only have one year after you disclose the invention to patent it or you loose patenting rights. So I was worried that if a witness signs my notes and then I try to patent it more than a year later, I would not be able to, because I disclosed it to that witness person.

250k won’t touch a patent infringement case. The New York Times reported that the average cost of a patent infringement case that goes all the way through trial, was two million dollars in 2005.

Brad, no matter who it is, you want to have a paper trail. The cost of patent infringement is one of the reasons people license their idea. Then all of tha expense falls on the company, not you. I have 7 products licensed and two more coming out late this year. You don’t have to go broke getting your invention to market.

http://www.rogerbrown.net

I found this late, and have another question to add. I don’t have any patents either. I’ve submitted 5 ideas to EN for the LPS’s. I’m not worried, just excited about the process. Maybe I’m missing something. If my ideas are any good, I trust that EN or the search company will protect them, right? Seems like patents can be more trouble than they’re worth with this deal, at this stage.

This must have been a really dumb question. Oh well! Here it goes again…

Please, if you have an idea… Why should I worry about a patent if I only really plan on submitting to EN and taking my chances here? I wonder, honestly.

I worked with a patent attorney and tried to patent a medical device over 10 years ago and couldn’t afford to resubmit after the first rejection. The patent office compared one small aspect of my device with something completely unrelated. I’d already spent what I had allowed for the process and had to quit. I told myself I wouldn’t waste any more of our money on inventions. I wouldn’t be able to afford to defend my ideas if someone stole them anyway. Then I find Edison Nation. So, why work toward patent protection if I’m only going to submit to EN?

Whether you patent it or not I would do a patent search yourself on the patent office website and using Google.com/patent beofre sending your idea to EN. You want to send them an idea that is not already patented or already on the market.

http://www.rogerbrown.net

Ok. That I did (the best I could).
Thanks for answering my question. Maybe it was obvious.
I’ve gotten a lot of good info from your website, by the way! You’re a good teacher.

Jane,

Thank you for the kind comments. I hope I have helped some of the people here not get ripped off and help them towards their goal.

http://www.rogerbrown.net

Hi Jane,
You wrote “If my ideas are any good, I trust that EN or the search company will protect them, right? Seems like patents can be more trouble than they’re worth with this deal, at this stage.” I agree with this statement. I think the patent talk on EN is mostly from people that had a patent (or one in process) before joining EN, people that are at another stage and are considering other options.

Of couse, like Roger pointed out, you have think about if your idea has already been patented by someone else. It sounds like you’ve done that and you’re asking about the value in getting a patent and how your idea is protected within EN.

In that case,your question about protection after submission is a good one. Maybe pose it to the official thread? I do trust EN, but I don’t know what actual steps they take to protect your idea, especially if your idea makes it to presentation and is not chosen. I think I remember reading that they have the companies sign a NDA. Don’t take my word for it though.

Did you see the latest blog entry? It is clear that EN takes IP seriously: http://blog.edisonnation.com/?p=3131

Hi Carrie,
I thought it was just me when I read that blog posting yesterday about the housewares show. It darn near gave me goose-bumps! Then I thought “easy does it killer, this must happen all the time”, when no one else (aka senior members of the community) pounced on that here.

Anyway, it was alarming to see how fast the knockoffs happened. Where did they get the ideas? Here? It must have been. It’s funny how so many people have such trouble getting prototypes and production, and those thieves can steal it and produce it that fast!

…And the gall to show it at the same place?

…And the COOLNESS, and with such swiftness that EN busted their chops? Of course , now they have to keep their eyes on them (and others) forever. . .

…And how fast they can be served?

but…..WOW!!! The whole thing…WOW!!!

Thanks EN.

Edit to my earlier post. I left out some ors. Should say:

I think the patent talk on EN is mostly from people that had a patent before joining OR people that are at another stage and want to move forward OR people considering other options.

Kevin,
I love that they posted the “maroon sweater lady” picture.

Hello Kevin,

Both Mister Steamy and EmeryCat are featured in Infomercials nationwide, but it is alarming how fast knockoffs happen! However, we do take Intellectual Property very seriously and will be fighting on behalf of our inventors in an effort to chase down alleged infringers!

In Phil Avery’s words, “knock off making the knock offs!”

Right, Marla…I was spacing (even after reading the whole report) and had Phil’s Cantastic on my mind when I was being stunned by the turnaround time…duh. You know…I was thinking like two days. But , yes I am learning how fast it could happen, AND how aggressively you pursue them. It is still a “goose-bump” thing for me. And I thank you guys for that….again and still.

It still amazes me that people are willing to knock off a patented product………

(1.) Infringement Lawsuit is very expensive……..

(2.) If found guilty not only do they have to pay all profits made to the rightful owner, they will have to pay for lost profit and damages caused by their infringement, plus court costs and fines………