OT: Anyone know anything about patents?

[Plantains]

So... slightly off topic. I've been working on a number of inventions for the past couple of years. I was stuck on a problem with making one of them function correctly (likely because I'm not an electrical engineer) and I had a huge breakthrough the other night making it finally prototypable and functional.

My question (mostly for the engineers I guess) I know that schematics or blueprints are the way to go. But do you guys learn about how to go about putting something you design on paper so that its marketable? I mean... I started filling out paper work for patents on 2 of the ideas, but I want to have a functioning prototype of each (or at least drawings/schematics) to submit with the patents, so that it will be a design patent instead of simply an idea patent. I just don't know anything about any of this? Any help or just general thinking aloud would be helpful.

1 device is an electrical device, so I'm thinking wiring diagrams.
The other device is a mechanical device so I'm thinking more like blueprints?

Thoughts? Or know anyone/where I can go to talk to or find out?

[Meest]

Find a patent lawyer and get the correct information. I too have asked this for my audio tinkering, and it is the only correct answer as patent filing has turned into something the common person can't do without somehow screwing themselves over without knowing it, thanks to the system. There were some very convincing stories that were shown to me.

I don't know of a patent lawyer around here as I don't have the money to invest in my idea at this time. Wish I could help you more.

[Sal Atticum]

In general, you need to be able to demonstrate that your invention is new and different enough to deserve its own patent.  This involves either creating something entirely new or using something existing in a new way.  You can demonstrate this by including all of your wiring diagrams (the ones that demonstrate novelty) and any other diagrams that exhibit the specific features you are claiming as your invention, as well as a physical description that references existing patents (that are either similar enough to your own that people may be confused as to the difference or are of existing methods or devices that you have used in creating your invention).  For example, if you were the first person to invent a microchip, you would have to reference the patent for the transistor because it is an integral part.

I'm sure this has changed somewhat since I have last looked into it.  If you wish to know more before you decide on a lawyer or not, the USPTO has the information: http://www.uspto.gov/web/patents/guides.htm

[Mario]

Bek is right. Patenting any invention takes a lot of work and TIME. First, I would search in a patent data base (google patents) to see if your idea already exists (there is a big chance that it does). Once you are absolutely sure there is no product like yours, you can start looking into technical details. One of our grad students is in the process of patenting one of our payloads. If you need some more detailed info, talk to me.

[Plantains]

I figured I'd have to demonstrate its difference, and am aware of the VAST number of patents out there. I haven't searched through the database yet because I want to write out schematics first (or I'll never find the motivation). I guess the next question is, I know for a fact that neither of my 2 top ideas are in production. Let's say the idea's are already patented, how do I go about marketing them? Or can I?

[Mario]

If the ideas are already patented, than you might have hard time marketing them, because you can get sued be that other somebody who already patented the idea.

[Plantains]

Yeah thats obvious... I meant there has to be a way to pay royalties or something. For example... rolling luggage? Would this be something that has a patent? Lots of people make rolling luggage? I know you can get design patents that are simply modifications... so would the suspension system on my rolling luggage be patented? I'm so confused. I should just start building my shit and wait to get sued.

[Mario]

It depends what you want Dave. If you want to have exclusive rights to build suspension for the rolling luggage, then you need to patent it. If you don't mind to see the competition building something similar, than you don't need a patent.

[Flutterbye]

I suggest talking with Eric Giltner. I believe he is in the Small Business Administration and that his office is on campus. He came and talked with our class (ask Em if you need more info)  and he gave us stories about people he helped to market their idea (and patent- maybe?)

(sorry, I don't have his contact info)