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

[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&...,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.