Discussion
VX Foxy said:
Unless you have invented something to replace the wheel I would propose that patenting your product will be the death of it. Very expensive and very difficult to enforce...
Just food for thought.
Ok, hypothetical question. Suppose I had invented something to replace the wheel. It would be worth a worldwide patent would it not? Suppose money was coming in from the first 'batch' is it worth enforcing those then copying or just hope that sufficient brand awareness would dwarf the copiers, rather than getting legal enforcement against them?Just food for thought.
First check if it has already been patented:
http://gb.espacenet.com/search97cgi/s97_cgi.exe?Ac...
A professional patent search can be done for around £200.
If you want any advise about manufacturing in China give me a shout.
http://gb.espacenet.com/search97cgi/s97_cgi.exe?Ac...
A professional patent search can be done for around £200.
If you want any advise about manufacturing in China give me a shout.
The main thing at this stage would be to keep the invention confidential as any disclosure in a non-confidential manner could create problems later on if evidence of the disclosure could be provided to, say, a court.
The best advice is to see a Patent Attorney - many will offer an initial 30mins consultation for free.
To make best use of that 30mins it is a good idea to understand, as far as possible, what a patent is and how you get one - www.ipo.gov.uk (the UK Intellectual Property Office) has some good resources. Also, search the web and patent literature (there are links from the ipo site and Google has started to cover patents) for similar technology (print copies if possible) as this will help an attorney to understand what you are doing, how yours is different and why yours is better.
Worldwide patent protection is costly and may not be required, protection in key markets may be sufficient. In any event, you only need to file a single initial application - say a UK Patent Application - in order to keep your options open for at least 12months in almost all countries and then, at the 12month stage, file a PCT application to keep your options open in most coutries in the world for up to 31 months from the initial filing data - so the costs are spread out over a number of years.
As far as manufacturing goes, I'm not sure how you go about that! The book "The Business of Invention" - I think it's this one.... http://www.abettermousetrap.co.uk/book.htm does have some guidance that might be useful if you get a copy.
Hope that helps.
Alex
The best advice is to see a Patent Attorney - many will offer an initial 30mins consultation for free.
To make best use of that 30mins it is a good idea to understand, as far as possible, what a patent is and how you get one - www.ipo.gov.uk (the UK Intellectual Property Office) has some good resources. Also, search the web and patent literature (there are links from the ipo site and Google has started to cover patents) for similar technology (print copies if possible) as this will help an attorney to understand what you are doing, how yours is different and why yours is better.
Worldwide patent protection is costly and may not be required, protection in key markets may be sufficient. In any event, you only need to file a single initial application - say a UK Patent Application - in order to keep your options open for at least 12months in almost all countries and then, at the 12month stage, file a PCT application to keep your options open in most coutries in the world for up to 31 months from the initial filing data - so the costs are spread out over a number of years.
As far as manufacturing goes, I'm not sure how you go about that! The book "The Business of Invention" - I think it's this one.... http://www.abettermousetrap.co.uk/book.htm does have some guidance that might be useful if you get a copy.
Hope that helps.
Alex
Appreciate the advice.
The only step taken so far, is the idea and drawings of the product written down and sent recorded delivery back to ourselves and left unopened, as that's what someone told us to do until we'd got the ball rolling.
Plenty to look at and consider, I doubt it will be easy.
The only step taken so far, is the idea and drawings of the product written down and sent recorded delivery back to ourselves and left unopened, as that's what someone told us to do until we'd got the ball rolling.
Plenty to look at and consider, I doubt it will be easy.
Once you start the ball rolling on the patent application you can put "patent applied for" on the product.
If someone tries to apply for a patent after you've applied, your's will be granted and theirs *should* be declined.
If you have a name for the product, register it as a trademark both here AND in China. The reason for the latter is that if a Chinese company registers the name, they can stop you exporting anything with that product name on. In China, the trademark is the name and not just the logo.
If you need details of a good English lawyer based IN China, let me know.
For now, I think the design registration will be good enough.
When it comes to manufacturing, please feel free to drop me an email as we have a factory in China that can easily produce small plastic components. Our core business is in electrical products but we have a number of other products that are manufactured and imported on behalf of "inventors" like yourself.
If someone tries to apply for a patent after you've applied, your's will be granted and theirs *should* be declined.
If you have a name for the product, register it as a trademark both here AND in China. The reason for the latter is that if a Chinese company registers the name, they can stop you exporting anything with that product name on. In China, the trademark is the name and not just the logo.
If you need details of a good English lawyer based IN China, let me know.
For now, I think the design registration will be good enough.
When it comes to manufacturing, please feel free to drop me an email as we have a factory in China that can easily produce small plastic components. Our core business is in electrical products but we have a number of other products that are manufactured and imported on behalf of "inventors" like yourself.
Getting the thing patented is expensive and difficult. If I were you I'd talk to a few large companies who have the capability of patenting it on your behalf and distributing it. Firstly, I'd get a lawyer to draw up an appropriate Non-Disclosure-Agreement for the company to sign (so they don't steal the design or a modification of the design). Then I'd offer it to the company in exchange for a royalty (5% is quite typical). I recently set up a deal along the lines of the above for a friend of mine who had invented a particular medical product. In addition, I also managed to get him a monthly retainer, in order for him to develop the next version.
StevieBee said:
In your post, there’s a space above the first bullet point which needs to be filled by a third but the most important bullet point, that being….
• Find out if there is demand for it
The answer to that is long and varied and depends on the product.
One word. Confident• Find out if there is demand for it
The answer to that is long and varied and depends on the product.
srebbe64 said:
Getting the thing patented is expensive and difficult. If I were you I'd talk to a few large companies who have the capability of patenting it on your behalf and distributing it. Firstly, I'd get a lawyer to draw up an appropriate Non-Disclosure-Agreement for the company to sign (so they don't steal the design or a modification of the design). Then I'd offer it to the company in exchange for a royalty (5% is quite typical). I recently set up a deal along the lines of the above for a friend of mine who had invented a particular medical product. In addition, I also managed to get him a monthly retainer, in order for him to develop the next version.
I may as well sell my soul on Dragons Den like those other muppets. However the note about Non-disclosure will be useful when talking to some people I need on board.Learning lots here guys, thanks.
Be aware (and I speak here with burnt fingers) that a patent is only worth what you are willing to pay to protect it.
Make sure you get it insured! Speak to Hiscox or similar about IP protection and get this in place ASAP. I would do this before approaching anyone, even with an NDA in place.
UV
Make sure you get it insured! Speak to Hiscox or similar about IP protection and get this in place ASAP. I would do this before approaching anyone, even with an NDA in place.
UV
Ultraviolet said:
Be aware (and I speak here with burnt fingers) that a patent is only worth what you are willing to pay to protect it.
Make sure you get it insured! Speak to Hiscox or similar about IP protection and get this in place ASAP. I would do this before approaching anyone, even with an NDA in place.
UV
Very good point. People will always try and copy a good product and if you cant afford a court fight to protect it you may as well not bother with the patent.Make sure you get it insured! Speak to Hiscox or similar about IP protection and get this in place ASAP. I would do this before approaching anyone, even with an NDA in place.
UV
Goochie said:
Ultraviolet said:
Be aware (and I speak here with burnt fingers) that a patent is only worth what you are willing to pay to protect it.
Make sure you get it insured! Speak to Hiscox or similar about IP protection and get this in place ASAP. I would do this before approaching anyone, even with an NDA in place.
UV
Very good point. People will always try and copy a good product and if you cant afford a court fight to protect it you may as well not bother with the patent.Make sure you get it insured! Speak to Hiscox or similar about IP protection and get this in place ASAP. I would do this before approaching anyone, even with an NDA in place.
UV
Basically, seeking a patent keep your options open so at least you can decide later whether or not to launch an action against third parties and without one you don't have a registered right that can be licensed - know-how and copyright etc can be licensed, but this can be trickier.
A registered design (mentioned above) is very useful and protects the way something looks, while a patent protects the way something works - they are different rights, but both are useful!
Alex
It is also worth trademarking the name of your product - not just in the EU but also in China.
If you were to lauch a product called "Chippy Chopper" with that name and appropriate logo registered as a trademark only in the EU, but had the packaging printed in China, the Chinese *could* register "Chippy Chopper" as a trademark over there and prevent you exporting anything with that name on it.
Obviously, if you're having the "Chippy Chopper" manufactured and boxed over there, it would be very difficult to get your product out of the country.
Generally, trademarks in Europe relate not only to the wording but also the way the logo looks - in China, the trademark can relate purely to the word.
If you were to lauch a product called "Chippy Chopper" with that name and appropriate logo registered as a trademark only in the EU, but had the packaging printed in China, the Chinese *could* register "Chippy Chopper" as a trademark over there and prevent you exporting anything with that name on it.
Obviously, if you're having the "Chippy Chopper" manufactured and boxed over there, it would be very difficult to get your product out of the country.
Generally, trademarks in Europe relate not only to the wording but also the way the logo looks - in China, the trademark can relate purely to the word.
Goochie said:
Generally, trademarks in Europe relate not only to the wording but also the way the logo looks - in China, the trademark can relate purely to the word.
It is possible to file a plain word trade mark in Europe which would protect the word itself. It is also possible (and possibly more common) to file a stylised version (specific font) or a logo version (together with graphics) as this can help differentiate the mark from others already registered, but provides protection which is more biased towards the look of the text/logo.Alex
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