Product Patent - possible/worth it?
Discussion
I always read with interest the threads about patents that are posted in PH.
I have a question which I hope doesn't come under the "piece of string" category.
The scenario is:
A product fabricated from sheet metal/off the shelf formed parts, all in the UK.
The fabricated parts are nothing that someone else could easily not copy & have fabricated.
The perceived barrier to entry for others is that they would have to be able to copy & fabricate but a cheap design house in South Asia/Far East could do it for chips.
In light of the above, is a patent feasible or even possible?
My limited understanding is that policing/pursuing infringement would be cost prohibitive for those without very, very deep pockets.
Or does it not "work like that"?
I have a question which I hope doesn't come under the "piece of string" category.
The scenario is:
A product fabricated from sheet metal/off the shelf formed parts, all in the UK.
The fabricated parts are nothing that someone else could easily not copy & have fabricated.
The perceived barrier to entry for others is that they would have to be able to copy & fabricate but a cheap design house in South Asia/Far East could do it for chips.
In light of the above, is a patent feasible or even possible?
My limited understanding is that policing/pursuing infringement would be cost prohibitive for those without very, very deep pockets.
Or does it not "work like that"?
anonymous said:
[redacted]
In the US, so many umbrella-related patents are being filed that the U.S. Patent Office employs four full-time examiners to assess them. As of 2008, the office registered 3000 active patents on umbrella-related inventions.
If it's "is it worth patenting if someone else in the far east could rip it off anyway?" then maybe. Maybe not. It could, in theory, put reputable companies off from making/selling exactly the same thing. But then, as you say, you'll likely need deep pockets to enforce it if someone really wants to nick your market.I suppose one could view the product akin to a pallet or base. The parts design/assembly is novel, in that the parts go together a bit like a piece of Ikea furniture. But nothing someone else couldn't do if they put in the time.
Food for thought
As those above have pointed out, if you aren’t prepared to back the idea in the courts, then tread VERY carefully.
This is not a cheap process, I know, I am going through this myself. You really need a manufacturer/business to buy into your idea as well, both in terms of support and cold hard cash. All things going well with a patent, and you are looking at £5k for starters.
My afternoon (3.5 hours) with a legal patent specialist was £825… and we haven’t got anything in writing yet.
There are other ways of protecting your work, and I would advise money spent on, and reading this - is an excellent place to start.
don't buy the US version as pictured above, you need the UK version with the foreword by Trevor Bayliss...
Just getting your head around the licensing possibilities has taken me ages…
This is not a cheap process, I know, I am going through this myself. You really need a manufacturer/business to buy into your idea as well, both in terms of support and cold hard cash. All things going well with a patent, and you are looking at £5k for starters.
My afternoon (3.5 hours) with a legal patent specialist was £825… and we haven’t got anything in writing yet.
There are other ways of protecting your work, and I would advise money spent on, and reading this - is an excellent place to start.
don't buy the US version as pictured above, you need the UK version with the foreword by Trevor Bayliss...
Just getting your head around the licensing possibilities has taken me ages…
bucksmanuk said:
As those above have pointed out, if you aren’t prepared to back the idea in the courts, then tread VERY carefully.
This is not a cheap process, I know, I am going through this myself. You really need a manufacturer/business to buy into your idea as well, both in terms of support and cold hard cash. All things going well with a patent, and you are looking at £5k for starters.
My afternoon (3.5 hours) with a legal patent specialist was £825… and we haven’t got anything in writing yet.
There are other ways of protecting your work, and I would advise money spent on, and reading this - is an excellent place to start.
don't buy the US version as pictured above, you need the UK version with the foreword by Trevor Bayliss...
Just getting your head around the licensing possibilities has taken me ages…
That's really helpful, thanks This is not a cheap process, I know, I am going through this myself. You really need a manufacturer/business to buy into your idea as well, both in terms of support and cold hard cash. All things going well with a patent, and you are looking at £5k for starters.
My afternoon (3.5 hours) with a legal patent specialist was £825… and we haven’t got anything in writing yet.
There are other ways of protecting your work, and I would advise money spent on, and reading this - is an excellent place to start.
don't buy the US version as pictured above, you need the UK version with the foreword by Trevor Bayliss...
Just getting your head around the licensing possibilities has taken me ages…
bernhund said:
A Chinese company were making BMW X5 (I think) look a likes. BMW tried to stop/sue them by going through the Chinese government. Chinese government told them to eff off! That's how much chance you have of protecting your patent!
These were on Top Gear a few years ago, Chinese rip all models of cars off apparently.Smiler. said:
My limited understanding is that policing/pursuing infringement would be cost prohibitive for those without very, very deep pockets.
(Sorry if I'm stating the bleedin' obvious)Yes, essentially - a larger company can more or less do what it wants knowing start ups/small businesses probably couldn't afford to defend.
However you can get patent protection insurance (I think some years ago I was quoted £3-10k for a policy ) but again you have to balance the cost of that, over the likelihood of being infringed. But it would pay for your defence whether or not you win and would secure damages through court if you did.
If the design is very specific and can't take another form then you could secure a Registered Design instead - quicker and a fraction of the cost. It depends on whether the item can be made in another way, taking on a different shape, and do the same job - if so a registered design would be useless.
So do you want to protect what it is that the item does, or protect the way it looks? This would determine what sort of IP would be appropriate. BUT are you absolutely sure you want to go through the cost and time of securing IP? Could you get the components made from different suppliers, test it, make sure it works, then get it to market before anyone else?
If you have a really good idea (ie it'll make some serious cash), one possibility is to sell the idea to a (much larger already) concern for as large a sum as you are able. Ok you won't see the (possible) massive profits, but you won't be taking the risk either, both for running the business and the risk of someone nicking your market. If it truly is a good idea someone WILL buy it.
Fastpedeller said:
one possibility is to sell the idea to a (much larger already) concern for as large a sum as you are able. Ok you won't see the (possible) massive profits, but you won't be taking the risk either, both for running the business and the risk of someone nicking your market. If it truly is a good idea someone WILL buy it.
But the OP would earn less from his invention if he was to sell it, compared to the returns of he was at least to get to market first via a supplier.One other route would be making some sort of exclusive licensing deal whereby someone else protects and manufactures your product, giving them a long enough license deal to recoup the IP outlay (ie five years instead of two, for instance?), getting the IP transferred back to you after the licensing period is up/renegotiated.
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