Royal Oak, MI asked in Patents (Intellectual Property) and Trademark for Michigan

Q: Hi, I have an idea for a new product. What things should I have done prior to contacting a patent attorney? Thank you!

The product should be relatively easy & inexpensive to manufacture. I’ve done as much in-depth research as possible online - and nothing like this exists as far as I can tell. I’ve spoken with friends, relatives, neighbors about a need for such an item and I’ve received 100% positive feedback.

What is the best resource(s) to help guide me through the numerous steps of possibly making this idea a reality? Are there any things/people I should avoid during this process? Thank you for your time, expertise and insight.

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
  • Patents Lawyer
  • Pittsboro, NC

A: Kudos to you for doing some prep work before your first meeting with a patent attorney. I love clients like that. I teach entrepreneurs about the patent process. I think it would be worth your time to review my intro slide set just so that you have some vocabulary and basic concepts

After that, I suggest that you look at my slide set on DIY patent searching and start locating some relevant patents in your space.

Reading some relevant patents and taking a deeper dive into the file histories on public PAIR (which will be revised later this month) is a great introduction into this process. You will have a feeling for how the process works, how much detail is required, and the push-back you should expect as the default response from the PTO is that your new thing is an obvious recombination of old things.

I hope that 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.