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how to put a patent on an idea

  • 11-12-2008 12:52pm
    #1
    Registered Users, Registered Users 2 Posts: 1,069 ✭✭✭


    Does any one now what is required to put a patent on an idea, is it difficult to do or is it expensive process.


Comments

  • Registered Users, Registered Users 2 Posts: 4,239 ✭✭✭bullpost


    Can be difficult, time-consuming and expensive. it depends on many things, type of patent, juristiction and how watertight your idea/invention is. You can go and talk to a patent agent (Lots of em in Golden Pages).


  • Closed Accounts Posts: 52 ✭✭jerryob


    take your time selecting the right patent attorney; make sure they have experience in your field of use. Don't skimp on costs here - get a professional job done. Remember, that a patent buys you a monopoloy in the filed jurisdictions for ~20 years....

    Costs depend totally on your plans... Budget ~€4k for initial drafting and filing. The day you file turns into what is known as the priority date. You then have 12 months to file a full PCT filing, or a national filings if you choose that route - budget ~€10-12k for a PCT filing. Depending on the examination process, more attorney costs may come in. And then there are the annual maintenance fees...

    Before all that, I would do some basic patent searching yourself. Use something like ie.espacenet.com

    EI give grants of up to 50% for the full national/PCT filing fees.


  • Posts: 0 [Deleted User]


    €€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€€

    Having said that, I would still try do it if you think it's good enough i.e. experienced people in the know think you will be a success. It's a catch 22 situation, how do you get experienced people who are successful in your field to listen to you and your idea without stealing it?


  • Closed Accounts Posts: 52 ✭✭jerryob


    Think of a patent as much more strategic than 'simply' protection....

    If one files an initial application, spending ~€4k, you demonstrate intent, and now have a strategic tool in your war-chest to attact investment. It doesn't matter if you don't have all the technical detail - you most likely won't. But if you structure the patent correctly, i.e. concentrating on the prophetic claims and adding data to the shell within the year to PCT, you can still retain the priority date.

    Make sure you get funding on board within the year. Then you have funds to file PCT through EI and investment funds.

    All funds invested in the patent can be capitalised into a fixed asset. Once you start sales based on the technology covered by the patent, you could capitalise your R&D expense against the patent as an intangible asset. And so on.

    This is all based on the fact that the invention is solid, of course.


  • Closed Accounts Posts: 117 ✭✭elgransenor


    jerryob wrote: »
    Think of a patent as much more strategic than 'simply' protection....

    If one files an initial application, spending ~€4k, you demonstrate intent, and now have a strategic tool in your war-chest to attact investment. It doesn't matter if you don't have all the technical detail - you most likely won't. But if you structure the patent correctly, i.e. concentrating on the prophetic claims and adding data to the shell within the year to PCT, you can still retain the priority date.

    Make sure you get funding on board within the year. Then you have funds to file PCT through EI and investment funds.

    All funds invested in the patent can be capitalised into a fixed asset. Once you start sales based on the technology covered by the patent, you could capitalise your R&D expense against the patent as an intangible asset. And so on.

    This is all based on the fact that the invention is solid, of course.

    This might make some sense if you could actually patent an idea.......you can't.

    You can only patent your method of executing that idea.

    Don't waste your money. Do a bit of research,don't spend €4k signifying intent,spend a tenner and do a bit of research and you will discover you can only patent your method of executing your idea.

    Tomorrow I can copy your idea and patent my method of executing it.

    I am thinking of doing something with bits of sticky paper which don't mark paper........but I won't call it a Post-it.


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  • Closed Accounts Posts: 52 ✭✭jerryob


    Of course, elgransenor, you're dead right - i've been too loose in my earlier description. I've come from having put extensive research into what started out as an idea, but now has strong legs. This included talking extensively to the market, each link of the supply chain; making numerous trips stateside and europe; engaging distributors in far east, africa, south america; hunting for suppliers; decent (but not extensive) patent searching; talking to competitors; validating pricing and margins along the chain; validating my business model. I should have explained this beforehand to put my earlier comments into context...

    IMO, a patent is only valuable if it can be commercialised. If it's not realisible, cost-effectively, then the initial €4k for filing is dead in the water. One first needs to build a business case, plan, etc. Only then, when there is a potential business should one act on executing patents, if this suits.


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