Patent, copyright etc

[matt thomas]

Hi

I was just reading through the HEW ELECTRONIC WORKER thread on the new gear forum and it got me thinking.

I have just created a new product, which I believe is entirely new and I haven't seen another product similar to it.


It is hellishly expensive to patent anything and even then you are not guaranteed of getting the patent as it may not be patentable (as my product may not be).

I was wondering if anyone had experience in protecting their designs from theives and "cloners", and if anyone has any useful suggestions or info on the matter?

thanks
Narco

PS. looking forward to your new product Tim!

[tINY]

Can't help you with keeping others from using your circuit/contraption - that's why big companies typically hold most of the patents (the patent process is slanted toward companies with deep pockets and in-house lawers).

But, to keep you from being sued by someone who takes your idea or thinks of it later you could write it up including how it works, what makes it different, and a practial application of it and mail a copy to yourself registered mail. Leave it unopened - sorta like a time capsule that you can prove was written prior to the date stamped on the seal of the package/envelope.

Or, you could go down to Borders and get a book on Patening you invention or pay the $150/hour to talk to a pattent attourney about it....



-tINY

[brianroth]

Don Lancaster has some thoughts on patents:

http://www.tinaja.com/glib/casagpat.pdf

http://www.tinaja.com/glib/newpats.pdf

Bri

[Ziggy!!]

Originally Posted by tINY

But, to keep you from being sued by someone who takes your idea or thinks of it later you could write it up including how it works, what makes it different, and a practial application of it and mail a copy to yourself registered mail. Leave it unopened - sorta like a time capsule that you can prove was written prior to the date stamped on the seal of the package/envelope.

In some parts of the world this method won't hold up legally.

[tINY]

Then you'd have to get each page notarized....



-tINY

[the scum]

Take the time to read through Brian's Lancaster links, above.

I work for a mega-corporation, where some of the technology I've been involved with gets patented. They patent stuff not because it's profitable, but because all of the businesses in our sector patent things, then use them as bargaining chips. IE: we build a subassembly for company X, but need to use technology patented by that company to do it. We'll make a token offer of one of our patents (maybe one of the less lucrative ones) in exchange for using theirs...

The patent application process is straight ahead, but slow, and lawyer intensive. The patent office is so swamped that they'll often issue patents just to keep the backlog from getting too large. Having the patent issued is just the first step. Having it proven to be valid in court, paid expert witnesses, ignorant jury and all, is the real proving ground.

Both of the patent infringment suits I've ever seen up close were settled out of court, but not before a lot of lawyer-time was burned up. If you're a small company that can barely afford to finish the application process, you'll never be able to afford the defense of the patent.

My first patent was applied for nearly 2 years ago. So far, no movement at all from USPTO.

The "mail it to yourself" thing doesn't work. If you're a "clever inventor," then you're probably familiar with technology like heat guns and acetone, which could be used to tamper with the "sealed" envelope.

Don't forget that you can copyright things like color schemes and your PCB art. That keeps people from directly ripping off your work. Copyrights and trademarks aren't as intensive to apply for, sometime's it's a matter of putting the (C) mark on your board.

Byron Jacquot