Filing Patents

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PlatinumZealot
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Joined: 12 Jun 2008, 03:45

Filing Patents

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How many members do we have that had went through the whole Patent filing process?

Care to share your experiences? What would you have changed if you had to do it again? (or not) Any other related topics are welcomed.


P.S- Why did I start such a thread? Well right now I think I have two ideas that can change the food and beverage packaging Industry, but I just do not know what is the best approach to getting a patent. I am living in a 3rd world non-industrialised country and I want the ideas patented in more appropriate places like the USA, Europe, Australia and Japan, and I am sure there are good number of you in a similar postion who have Ideas of your own and want to do the same.

(I think, Felix, Autogyro and Riff-raff have patents already?) I want to hear from you guys especially.
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Racing Green in 2028

RH1300S
RH1300S
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Joined: 06 Jun 2005, 15:29

Re: Filing Patents

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I am currently filing a patent, literally in the next few days I should have the application number. My advice would be get a good patent agent. My invention is in the field of furniture and is astonishingly simple (I would describe it in a few lines), the patent claims run to 24 pages.

The advice isn't cheap but what price do you put on protecting you ideas properly?

I know you are not in the UK, but have a look at this website - http://www.ipo.gov.uk/

Find out if your country participates in the Patent Co-operation Treaty (PCT), this lets you file your patent in you own country and for a limited period of time that patent has protection in the participating countries. This, at least gives you a chance to file your idea relatively cheaply in your country leaving you time to find out it's commercial potential. Beware - once filed the clock is ticking and your idea is out there with long term protection only in the countries you have actually filed in. With respect to the countries you mention, I am sure they are within the PCT (also the UK and I think EU). I would imagine that if your country isn't the the treaty, then you should file in one that is (I am told the UK is relatively cheap for filing).

Before even starting the patent process I did a search through as many patent databases as I could find looking for prior-art, once that was done I paid for a search by a specialist. Only then did I engage my patent agent.

And don't tell us anything!!!!

Good luck!

By the way - a 'non disclosure agreement' is absolutely pointless. If you want a meeting with someone and ask them to sign, either you need to disclose what you are there for before they sign, or they sign to say you will be showing them 'something secret' that you will disclose at the meeting. Either way they can simply say - no deal, we already thought of that!

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PlatinumZealot
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Joined: 12 Jun 2008, 03:45

Re: Filing Patents

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Thanks. I am in Jamaica. You know how we are when it comes to getting things done... I don't know why but we have not yet signed the PCT even though we were supposed to sign it from the late 1980's.

Anyway, my idea is of a beverage filler. Not just a new interpretation, but a new type of beverage filler. It is fast and accurate but the key thing is its simplicity.
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Racing Green in 2028

RH1300S
RH1300S
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Joined: 06 Jun 2005, 15:29

Re: Filing Patents

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Wishing you all the best with your idea

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ringo
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Joined: 29 Mar 2009, 10:57

Re: Filing Patents

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Is there such a thing as a world patent, or regional, such as the EU and if not, which countries are best to file for?
For Sure!!

Richard
Richard
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Joined: 15 Apr 2009, 14:41
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Re: Filing Patents

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there's a chap in the UK called Trevor Balyiss who invented numerous gadgets and got shafted by big businesses. He went on to invent the clockwork radio. He now runs an organisation that supports inventors trying to get patents, there is lots of guidance on his site - http://www.trevorbaylisbrands.com/


Oh, and Bayliss is a brilliant speaker, highly recommended.

RH1300S
RH1300S
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Joined: 06 Jun 2005, 15:29

Re: Filing Patents

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ringo wrote:Is there such a thing as a world patent, or regional, such as the EU and if not, which countries are best to file for?
I don't think there is a world patent. The PCT only buys you time.

I would reason that you should patent where you think your biggest markets would be and where the highest risk of copying would be. I think the EU can be covered by one patent, UK (not sure if in EU patent??), US, China, Japan, India. This would start getting expensive as you will need technical translations for your application along with filing fees in each country and separate agents fees (you need yours plus an agent in the country you are filing in). It can get expensive!

With my patent, my plan was to file in the UK for a relatively 'modest' amount - then use the PCT to give myself 12 mnths to test the market hard and try to get a manufacturer behind the product. Only then will I be be able to decide whether to take further patents or sit with what I have.

Based on that statement - given that you become time-limited under the PCT I wouldn't file too early otherwise you will waste time before you can go to manufacturers/distributors or whoever you need to use.