Mission Viejo, CA asked in Patents (Intellectual Property) for California

Q: Hello, I am wondering if its worth getting a patent on half page pockets that go inside journals.

I have never seen the type of pocket inside any journal/notebook before. Is it even patentable?

2 Lawyer Answers
Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: A patent is a business tool. In "Ask a Lawyer" we can answer legal questions, but not business questions like if a patent is worth getting.

Let me ask you a few questions that you need to think about: after you spend $10K, $15K, $20K, or more, in getting a patent, what are you going to do with it? How are you going to monetize it? Where are you going to manufacture half page pockets? Who are you going to sell them to? Do you have a business plan? What kind of funding have you raised? What does the composition of your advisory board look like? etc.

If you have good answers to these questions, then go see a patent attorney. If you are struggling to answer these questions, you are in danger of throwing your money away. I mean, I, or any other patent attorney, would love to take your money, but you have to figure out if getting a patent is the best use of your limited cash.

Good luck!

Tim Akpinar agrees with this answer

Robert P. Cogan
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Answered
  • Patents Lawyer
  • San Diego, CA
  • Licensed in California

A: The patent statute allows patents for inventions that are new, useful, and non-obvious. There is excellent tutorial material at the Patent Office website, www.USPTO.gov.

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