Okay, so I had one of my rare lucid moments this morning (not in the tub, however) and am thinking about how to transform mind into matter. (for those interested, it's a bass clarinet neck with an adjustable angle).
I should add that the idea merely exists on paper (oops, not even that, it's a 'puter file) and while the idea is somewhat trivial, the physical implementation probably isn't.
Now my motivation isn't money driven (although I never mind the occasional cheque), it's more that I want to prevent someone from claiming my idea is theirs and making millions with it without mentioning me.
Obviously, I could file a patent. Question is, would it be worthwile, and would it guarantee to protects my idea worldwide? As if the Klingons cared about a patent obtained in Elbonia...
Or, I could approach one of the usual suspect manufacturers and try to sell the idea to them. I'd probably stand little chance if they just made my idea theirs and see me out of the office after a wet handshake, saying "don't call us, we call you".
I could publish it somewhere, making it "prior art" and thus somewhat difficult for a freeloader to obtain patent protection on it. Kind of a "GPL Neck". I'd retain the copyrights for the drawing and the initial publication. (fame is priceless...) but otherwise won't be able to afford a yacht in St. Tropez.
I could share the idea with a seasoned patent filer and we'd make fifty-fifty with the millions that'd roll in thenceforth.
I could donate the idea to the WooF and leave it as an exercise to the owners to turn that into sustainable funding of this site.
I know this is somewhat unrelated to strictly woodwind instruments but I know that at least some of the folks in here pondered about or actually did something in this direction.
(moderators feel free to move it someplace else, transform it into a poll etc)
From my recent research and experience, it seems that filing a Provisional Patent Application is a less expensive route to take. The advantages are that you can put "Patent Pending" on any drawings or communications about the product thereby protecting yourself should you show it to manufacturers. The downside is that you have only a 1 year window of time to submit the full patent application.
I was going to patent the pad size tool until I discovered that it did not qualify for a patent since I publicly disclosed the design over a year ago. I'm just happy I discovered that requirement before I invested the time and money to submit an application.
Cool! Didn't think of that! (there's a lot of stuff that has "pat ang" (not an Indian kite, but rather German for Patent Angemeldet -> Registered Design) on it.)
Here are a few facts about patents you may want to consider:
You have to file a patent application in each country that you want protection for. A US patent is effective only in the US. A Japanese patent is enforceable only in Japan. A European patent, OK, you can enforce a European patent throughout the member states: it is one of the few bargains in the patent field.
The US has about the least expensive patent system. It is still pretty expensive. The filing fee for a provisional patent application, as a small entity (i.e., you as a sole inventor) is only $110. However, this is just the beginning. For most other countries, the filing fee will be in the few thousand dollar range.
If you are going to seek patent protection in other countries, many will require that you have your application translated into the local lingua franca. Translating into Japanese, Chinese, and Portuguese can zap a lot of your budget.
If you are going to take it seriously, and pursue patent coverage in several countries, it makes sense to hire a patent agent or patent attorney, and spend the bucks. Figure around $200-$500 per hour, depending on where you live.
A patent, ultimately, is a ticket to federal court. Patents (except in China) are not self-executing: if someone is infringing your patent, the way you get them to stop is by suing them in federal court and obtaining an injunction (and/or damages). Figure at least $200K for a suit, up to a few mil if the other side fights. However, if you win, the court may order the other side to pay your attorney's fees. (In China, apparently one can go back to the patent office and ask them to seize infringing products.)
A patent can also be a good way to package your invention for sale. If you are not planning to go into manufacturing yourself, having a patent application on file provides you some degree of protection when you go around to the big manufacturers to license out your invention. If you find one that is interested, they will typically agree to pay the further costs of your patent filing and prosecution (because it is to their benefit to have the exclusive position your patents would provide).
Your patent application will be published 18 months after your filing date, whether your patent has issued or not. This means that after 18 months, your invention is published, and can be used by others while you are still trying to get your exclusive rights established. It can take a few years to get the patent issued, and there is no guarantee that it will ever issue. There is a way to avoid publication, but it requires that you forego filing outside the US.
You want your patent to cover at least the commercial embodiment (i.e., the version you would actually sell), not just your prototypes. For that reason, it is sometimes wise to hold off on filing until you are pretty close to having the final version developed. On the other hand, this runs the risk that someone else will independently come up with the same invention before you file -- not the position you want to be in.
If you are considering going the patent route, take some time right now to record your ideas. You will want to establish your date of conception, in case you have to prove the date on which you invented your invention. Write out a full description of the invention, including the problems it solves, how you would make it, and how it solves the problems. If there are several ways to make it, write them all down. If there are a few optional features, write those down too. Print it out, sign it, and date it. Then have someone else read it, and sign it "Read and understood by:_________" and date it. The witness should be someone who did not participate in the conception of the invention (i.e., someone who would not be a co-inventor), and someone who is obligated to keep the invention secret (e.g., by agreement). Someone other than your spouse or a close relative. Keep the invention record in a safe place.
Keep a record of your experimentation and development activities, including the parts/equipment you order, and the receipts for them. Sign and date all your plans. Take pictures of your models and prototypes.
Wait until your eyes un-cross before trying to read anything else ;-)
Feel free to ask if you have other general questions :-D
I filed a provisional patent application, just because I plan to approach a manufacturer for selling the idea to them. This would protect me - to a certain degree - from being screwed, but you're right, I'd have to go to court if necessary.
If none of them bite, I'll defensively publish the invention, just to prevent someone else from patenting it once the grace period is over.
And no, I wouldn't want to do this for a living. Good experience, but way over the head of a small-time tinkerer.
