Google has pending patent on my idea. What to do?

Help with design patent?

• I have an invention that i have been working on for more then a year. It will change the appearance of a product that is in just about every home. I have gone over several books on utility patents, design patents, and provisional patents. I am sure that what i need is a design patent. I could go with a provisional patent but that would only work for one year. Then i would have to get a design patent anyway. Is this something that i could do on my own? How hard are they going to be, and will it protect my idea? I have found a lot of sites on line that say protection is limited. I am being very care full with my idea. My brother had an invention and went to a company to help him patent it, and they took him for almost 18 grand. He got nothing for 18 grand. I know there are scams out there. Just about everyone of them is. I have talked to a patent attorney, and they can be costly. I would really like to try this on my own. Out of 100 patents filed only 50 of them will receive patent pending status, and only 3 of them will make money. That means the rest of them wasted there money. I know i have a great idea. Like everyone else did i am sure, but i want to do this, and do it right. Any suggestions on what to do, and where to go will be a great help.

• Answer:

  A Design Patent is mostly drawings. But there is some strategy in selecting and presenting the drawings. You want to describe the design broadly, so that the patent covers a lot of variations. On the other hand, you want it to be different enough from designs that are already out there that the Patent Office will actually grant the patent. Its this strategic thinking and planning that you are paying for when you seek the help of a patent agent or attorney. If this is worth doing, it's worth doing right. Find a local patent attorney, do what you can to check his or her reputation and pay the pro for there assistance. You can find a pro near you by going to www.uspto.gov and using the index to find the Roster of Attorneys and Agents. Search it by the first 3 digitis of your zip code. before you do that, you might want to do a patent search to see whats designs are out there for your item. Google helps there. From the regular google page, click on --more-- , then click on --even more--, then scroll down for Patent Search. You can save the pro some time by preparing drawings of your design. Include drawings of just the elements of the design that if you saw them in a competing product you would say "Hey! thats my design "even if it didn't include every detail.