Columbus, OH asked in Patents (Intellectual Property) for Ohio

Q: How can I get my ideas patent to sell on the market I all ready have a lot of prototypes.

If the product has items they use all ready patent by someone else

1 Lawyer Answer
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Pittsboro, NC
  • View Profile
  • Answered

A: First it is important that you do NOT have any public use of your invention or prototypes. There is a razor thin exception for necessary testing but you should consult with a patent attorney before engaging in any public testing.

Second it is important that you do not have any sale of the device outside of a Non-Disclosure Agreement. A public sale ruins your option for a patent in the US and most other places. There is some small risk that a non-public sale ruins your options in the US so if you want to be careful, do not make any sales at all until you have a patent application on file.

Third, ideally you avoid any public disclosures of your idea (such as on a website). This starts a one year clock in the US but ruins your options in many other countries.

I suggest that you do some preliminary patent searching using tips found here -- http://bit.ly/Patent_Searching .

I suggest that you gather your thoughts by creating a rough draft of a provisional patent application using the tips found here http://bit.ly/Provisional_GBU .

Then I suggest you find competent patent counsel to help you navigate through this system.

I hope this helps.

Kevin E Flynn

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.