Commercial/Skit idea?

Can you patent an "IDEA"?

  • I have a great idea. The challenge is that it will take millions to do complete R&D, Marketing, Sales, etc. The idea is an absolute winner and technologically feasible. I have an engineering background. I would ideally like to just sell the "idea" to a bigger company that has the resources needed but I don't want them to run with it and leave me in the cold. I spoke with a patent attorney and it would cost me a lot of $. My idea would require multiple technical patents. It also takes years. If I filed a provisional patent my understanding is that I would only have a year to come up with a working prototype or lose rights to the idea forever- is this true? I think it is beyond my means to make a working prototype (in order to file a non-provisional patent). I could make a non-functioning model to demonstrate the idea- how it would work in theory. It's theoretically very simple and easy to understand (visualize). It would use existing and proven technologies but in a highly innovative new way. If my idea uses existing patents/process how would I address that (get permission to utilize them)? I see it getting expensive fast. This idea is worth the trouble. It's practical, simple and it would be a major convenience and safety offering to end users; businesses and it would offer the investor a tremendous ROI. THANK YOU!

  • Answer:

    Did you run your idea by anyone with experience in the field to check for feasibility and practicality? That might save you a lot of time and money. .

Dave at Yahoo! Answers Visit the source

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No, you have to have a definitive product to get it patented. An idea is immaterial and can't be, though you can put a tm after a phrase so you don't have to copyright that.

Dr. Rank

Usually when you think you have something unique, you don't.

John I

Please establish what you mean by "I spoke with a patent attorney and it would cost me a lot of $" What was the ball park figure? edit: If it is practical and simple, how can it be so complex to describe? Be careful of using search engines, they may glean user queries and your idea can be stolen if too much is revealed. 10K is not a lot of money for this type of work. But I question whether complexity is directly proportational to price increase. You might also want to get a 2nd opinion. I am not a lawyer but I believe that an idea can be patented. It just has to be sufficiently detailed, so I don't think you need to get a working prototype at the end of 12 months. "...A provisional application for patent (provisional application) has a pendency lasting 12 months from the date the provisional application is filed. The 12-month pendency period cannot be extended. Therefore, an applicant who files a provisional application must file a corresponding non-provisional application for patent (non-provisional application) during the 12-month pendency period of the provisional application in order to benefit from the earlier filing of the provisional application. In accordance with 35 U.S.C. § 119(e), the corresponding non-provisional application must contain or be amended to contain a specific reference to the provisional application within the time period and in the manner required by 37 CFR 1.78. ..." http://www.uspto.gov/web/offices/pac/provapp.htm I am leary about those ads I hear on radio for inventors. Beware.

Benji

You'll need a complete detail drawing(s) and documentation that adequately describes your idea. You do not need a working model to be awarded a patent. A prototype is nice to help sell or license your idea, and help prove out the idea. The model can even be made from different materials and processes than what would actually be needed. If you're smart enough you can prove out and document your ideas on paper, and prove that there is capability for someone to make it.

ecshclark

A patent is less useful than you imagine. If some big company such as Microsoft were to steal your idea (just by reading the patent) then you would have legal grounds to sue. Good luck with a lawsuit against Microsoft! In other words, a patent is nothing more than a license to sue. The way to exploit this idea is to raise the millions required and produce it yourself. All venture capitalists sign non disclosure agreements, so the risk of the VC stealing the idea is minimal. (This will be the least of your worries, actually). You can make a lot of money, but you must do a lot of work. The VC will want several patents, the more the better. And they will pay for the patents, not you. They do this to enhance the value of the company when it goes public. Once the company is a viable concern, cranking out widgets, then you can sell the company to a bigger company if you want. 1) Raise capital from a VC. 2) Company goes public, VC gets return on investment. 3) Sell company to some big player in the industry.

Dave D

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