how to patent an idea, or find out if there is a previous patent?

[spikerS]

Alright, so I had this pretty neat idea for a little invention. That is all it is at this point, an idea. If I wanted to persue it further, and say patent it, what would I do? How do I search if there is a patent already for such an idea?

Thanks!

[Maybelater]

Tell me your idea and I'll give you advice, trust me! :D

[ercchry]

i wouldnt bother, they tend to be pretty meaningless... do you even have plans to take this to market... or do you just watch way too much shark tank/dragons den? :rofl:

[SJW]

uspto.com

you can do a search

there is a neat site called quirky.com check it.

[spikerS]

no, I was thinking about a problem and a solution to it, and came up with a very simple device that would solve the issue. But it is all in my head, I have not committed any of it to paper.

Obviously, if something like this already exits in patent form, then it isn't worth my time to pursue further. If it does not exist yet, then I may consider patenting the idea, and then try marketing it to some manufacturers for where the product would be used.

I don't have any clue about this, I don't even know if I would make money on it, but it would be cool to do the process.

[ercchry]

^^ quirky is probably your best bet. makes it nice and simple if its a good idea

[spikerS]

well, it was a pretty simple idea, and very similar to this one:

http://www.google.com/patents/US2738986?printsec=drawing&dq=remove+rocks+from+between+tires&ei=u5QnUZvJIciUiALpxIDICg

I figured someone would have already thought of it, but had to check. I am pretty sure that my idea is close enough to this, that it would be denied, and since this patent is from 1953, it is already considered expired and open for anyone to use freely.

[spikerS]

quick paint sketch of the idea that would automatically remove foreign objects from between dually tires, that would affix to the underside of the trailer. A metal rod would be placed at an angle down between the tires and rest just above the dually rim. The idea would be that if a foreign object is picked up by the tires, it would be removed instantly by the bar as the tire rotated.

Like I said, really simple and inexpensive, and i guess pretty obvious. LOL

[sputnik]

I know people who have patented ideas. I am sure there are ways to do it yourself. However most people just hire a patent lawyer.

Generally they paid about $1500 to get a "Patent Pending" status and then $4000 to get the full patent.

That said. Canadian patents are meaningless in China. So if you have a great idea, you are probably going to spend a lot more in legal fees trying to defend your patent.

Better off just having a good product where people would rather not buy the fakes. Or just have a product that can't be faked. WD-40 has no patents because if they did they would have to reveal their formula.

[SR54RNR]

kudos for trying to come up with a solution to a problem that kills more people than anyone would think.. however, as a heavy equipment tech that works on heavy trucks daily, I can tell you this invention most likely won't pan out for you. I could go in to more detail, if you want.

Alternatively, I think a better solution to this problem would be to design a rear fender/mudflap/faring that could withstand a hit from a rock, and stop any inertia the rock as gained from being ejected from the wheels. Another common problem is tires blowing out, and de-treading at high speeds. a better deflector could solve this problem of tire re-treads coming off at highway speeds, and possibly hitting a vehicle.

[ExtraSlow]

I have a buddy who did go through the full process of patenting an invention. he went for a US patent, because he thought it was more valuable than the Canadian one. Full process took three years, and cost him probably north of $20k in lawyer fees.

[Colin_R6]

We sell those to the Coal Mines Spikers, not sure what the technical name for them is, but around here everyone just calls em Rock Knockers.

No idea if anyone else makes them for smaller applications, ours are 8-12 feet long and 2 inches by 4 inches.

[trollolhah]

No patents just like Volvo's 3-point seatbelt free-use invention

Else your car's seatbelt will be shit

[roll_over]

Not a bad idea Spiker, i dont know much about patents i just heard its a good idea to draw the picture then mail it to yourself because they date the letters, maybe others can explain it better then me?

[Jsen-DC2]

send it in to Snap On lol, in one of the flyers i got from them actually has a sheet that you can send in with your idea and they will get back to you.

just a thought

[tbomb]

http://intelreport.mandiant.com/Mandiant_APT1_Report.pdf

The changs will just take your idea, don't bother

[Black Gts]

I think the problem would be either making them tough enough, or allowing more ignorance in the trucking industry.

[Graham_A_M]

I think it would be difficult to patent something thats insanely easy to make yourself.
Like, sure buying your product would be a lot easier then a (not so talented) person trying to make it themselves, but you also need to consider what kind of applications this will be used for so you can make them fairly specific, where as they just bolt right in.

Unfortunately doing so would mean you'd need..... countless models to choose from, which would create countless parts in inventory and numerous assembly issues. I think you'd understand what kind of problems that can create.


I think the best way around *ALL* of that would be to have a generic model that can work on 80% of the trucks out there, and perhaps offer adapter kits for the remaining 20%.
(Just some food for thought).

But I'd talk to a few well seasoned HD mechanics that regularly work on 18 wheelers and such, and get their opinion on ones that would generically work best, and are the most effective yet cost efficient to produce. Then perhaps make them slightly customizable for the rest of the applications.

Rather then have just a straight bar that goes between the tires, I'd offer one that basically matches the typical contour of the tire, so very few pebble sized or bigger rocks (stuck to mud) cant be scraped off. I'd also have one with a pivoting (locking) arm to make tire changes much easier.
Perhaps if you were to have that (almost "hourglass") tire scraper height adjustable, you'd further increase the amount of universal applications that dont require any extensive modification.

Another thing to keep in mind, would be that most semi's & trailers have shitty ass alum fenders just to cover the wheels. Along with their alum braces, its hard to make something that'll bolt on to such fenders without ruining them. So I think you'd almost need a direct (bolt to frame) application. Utilizing pre-existing bolt holes would be quite hard since there are SO many different trucks & trailers out there, so I'd look at ways of mounting it directly to the frame, without drilling through it. Such as two threaded rods (with nuts welded to one end of each rod for tightening) that lock two plates onto the frame, to which the scrapper is mounted off of. That way its customizable for a wide variety of trucks & trailers, irrespective of frame choice.

^ But I'd try that last bit with a locking arm thats height adjustable.
To my knowledge there aren't too wide of a variety of semi tires, but in the event there are, offer different scraper profiles as needed for lets say, gravel trucks, VS. dump trucks, VS. typical semi trucks (etc).

[RX_EVOLV]

A few quick notes:

1) Patents are expensive. It depends hugely on how extensive your patent is of course but it's at least 8-10k to draft. another 10-25k to file (depending on countries), and 50k-200k to defend until it's granted. Definitly would not recommend anyone drafting their own patent unless you really know what the heck you are doing.

2) Depends on the country that you want to file in, if you disclosure your invention in a public forum like this ( which is what you just did), then it's considered a public disclosure and is no longer patentable. In US and CAD (+ a few other countries) you can still file within 12 months to claim your priority date but after that you are SOL. Something to keep in mind.

3) You can't just patent an idea. You can file a provisional patent on an idea, but you have to be able to reduce it to practice within 1 year from filing, otherwise you really have no ground for a patent.

4) more than likely you are infringing on something somehow no matter what it is. If you really want to know if your invention is patentable you should consult a patent attorney. They might charge you 5k-30k+ to do a Free To Operate search to tell if you if your invention is infringing on any existing patents or prior acts.

Of course it's ALOT more complicated than this.. so if you really have something I would suggest talking to a patent attorney ( not cheap of course). However i wouldn't bother unless you know exactly what your invention is.

[Feruk]

Rocks hitting my windshield irritate the crap out of me as well. I wonder why they stopped putting mudflaps on cars. It solved the problem just fine.

[redx2nv]

Originally posted by Colin_R6
We sell those to the Coal Mines Spikers, not sure what the technical name for them is, but around here everyone just calls em Rock Knockers.

No idea if anyone else makes them for smaller applications, ours are 8-12 feet long and 2 inches by 4 inches.

They are called "rock ejectors", wouldnt bother, this has been around since the 50's.

http://www.google.ca/url?sa=t&rct=j&q=rock%20ejector&source=web&cd=1&ved=0CDEQFjAA&url=http%3A%2F%2Fwww.google.com%2Fpatents%2FUS3464714&ei=whUrUdnVHca6iwKSzIHABg&usg=AFQjCNEBa36KcyKtuy-oR1UqewFaW2iO8g&bvm=bv.42768644,d.cGE&cad=rja

[TimG]

Originally posted by RX_EVOLV
A few quick notes:

1) Patents are expensive. It depends hugely on how extensive your patent is of course but it's at least 8-10k to draft. another 10-25k to file (depending on countries), and 50k-200k to defend until it's granted. Definitly would not recommend anyone drafting their own patent unless you really know what the heck you are doing.

2) Depends on the country that you want to file in, if you disclosure your invention in a public forum like this ( which is what you just did), then it's considered a public disclosure and is no longer patentable. In US and CAD (+ a few other countries) you can still file within 12 months to claim your priority date but after that you are SOL. Something to keep in mind.

3) You can't just patent an idea. You can file a provisional patent on an idea, but you have to be able to reduce it to practice within 1 year from filing, otherwise you really have no ground for a patent.

4) more than likely you are infringing on something somehow no matter what it is. If you really want to know if your invention is patentable you should consult a patent attorney. They might charge you 5k-30k+ to do a Free To Operate search to tell if you if your invention is infringing on any existing patents or prior acts.


to add to this

We just filed 2 patents at work in the US and Australia.

cost was around 20k in lawyer fees per patent.

provisional patents give you a 1 year buffer to file your real patent. if you miss the 1 year timeline, then your provisional patent is then considered prior art and is no longer patentable. We've had patent applications go thru the USPTO for over 2 years before they were granted.

The rules for when you have to file based on disclosure vary from country to country. Some places give you 1 year from public disclosure, others don't give you any time.

like was mentioned above, you don't just patent the idea; you have to make claims. Also, if there already exists a patent that is similar to this, but different in a few subtle ways, you probably won't be granted the patent because it would be "obvious" someone knowledgeable in the art.

IMHO patents are only as good as your enforcement. so what if you patent the idea and then (insert fortune 500 company) decides to copy it. do you really think that you have the resources to take them to court?

The only real use for patents is for companies to increase their portfolio to increase the company's worth and to give them freedom to operate in certain fields without competition or to give them the competitive advantage.