Comments on: The pricey path to patenting an idea http://smallbusiness.blogs.cnnmoney.cnn.com/2008/05/27/the-pricey-path-to-patenting-an-idea/ Editors from FSB magazine answer your pressing small-business questions. Tue, 15 Dec 2009 12:52:55 +0000 http://wordpress.com/ hourly 1 By: jai shetty , india http://smallbusiness.blogs.cnnmoney.cnn.com/2008/05/27/the-pricey-path-to-patenting-an-idea/#comment-653 jai shetty , india Mon, 02 Jun 2008 20:38:14 +0000 http://askfsb.wordpress.com/?p=315#comment-653 Yes, The patenting process can be made affordable. These days most of the companies are getting their novelty search done in india at a affordable cost the difference in the cost could be upto 40 to 50% here is a link to a company which specializes in Patent search Yes, The patenting process can be made affordable. These days most of the companies are getting their novelty search done in india at a affordable cost the difference in the cost could be upto 40 to 50% here is a link to a company which specializes in Patent search

]]> By: IP, Salt Lake City, UT http://smallbusiness.blogs.cnnmoney.cnn.com/2008/05/27/the-pricey-path-to-patenting-an-idea/#comment-644 IP, Salt Lake City, UT Sat, 31 May 2008 15:29:41 +0000 http://askfsb.wordpress.com/?p=315#comment-644 Before one discloses their product or idea, one should talk to a patent attorney. The patent attorney can help clients do their own searching and can also help them obtain a professional search. The patent attorney can help clients understand the costs of filing a patent application, prosecuting the patent application to issuance, and enforcing the issued patent. Understanding these costs is important so that the clients can intelligently weigh the costs versus the benefits and make a smart business decision. The phrase "holds merit to pursue" is ambiguous. A product may be marketable, but may not be patentable. Also, a product may not be marketable, but may be patentable. Patent attorneys are specialists in patentability, not marketability. Before one discloses their product or idea, one should talk to a patent attorney. The patent attorney can help clients do their own searching and can also help them obtain a professional search. The patent attorney can help clients understand the costs of filing a patent application, prosecuting the patent application to issuance, and enforcing the issued patent. Understanding these costs is important so that the clients can intelligently weigh the costs versus the benefits and make a smart business decision.

The phrase "holds merit to pursue" is ambiguous. A product may be marketable, but may not be patentable. Also, a product may not be marketable, but may be patentable. Patent attorneys are specialists in patentability, not marketability.

]]> By: DR Cassidy Provo, Utah http://smallbusiness.blogs.cnnmoney.cnn.com/2008/05/27/the-pricey-path-to-patenting-an-idea/#comment-643 DR Cassidy Provo, Utah Sat, 31 May 2008 13:49:54 +0000 http://askfsb.wordpress.com/?p=315#comment-643 Many years ago my Dad learned a hard lesson about patents. Basically what he learned was that they are not worth anything unless you have the money to defend them in court. This process can take longer than the patententing process and cost many more dollars. Many years ago my Dad learned a hard lesson about patents. Basically what he learned was that they are not worth anything unless you have the money to defend them in court. This process can take longer than the patententing process and cost many more dollars.

]]> By: John, H.B. Calif. http://smallbusiness.blogs.cnnmoney.cnn.com/2008/05/27/the-pricey-path-to-patenting-an-idea/#comment-641 John, H.B. Calif. Fri, 30 May 2008 17:51:34 +0000 http://askfsb.wordpress.com/?p=315#comment-641 I just had my design patent approved and it was nearly a 3 year process. There are always issues involved and things never go as smoothly as one would hope. I would also state that $10,000 is very conservative since attorney fees can double that amount very quickly. I just had my design patent approved and it was nearly a 3 year process. There are always issues involved and things never go as smoothly as one would hope. I would also state that $10,000 is very conservative since attorney fees can double that amount very quickly.

]]> By: Bilegt Magsar, San Francisco, CA http://smallbusiness.blogs.cnnmoney.cnn.com/2008/05/27/the-pricey-path-to-patenting-an-idea/#comment-640 Bilegt Magsar, San Francisco, CA Fri, 30 May 2008 08:01:25 +0000 http://askfsb.wordpress.com/?p=315#comment-640 It should be understood that it is not attorney's job to determine if there is any merit in your invention. Even in case your invention is not patentable, it doesn't mean there's no commercial merit. It should be understood that it is not attorney's job to determine if there is any merit in your invention. Even in case your invention is not patentable, it doesn't mean there's no commercial merit.

]]> By: Larry Maxwell, Atlanta, GA http://smallbusiness.blogs.cnnmoney.cnn.com/2008/05/27/the-pricey-path-to-patenting-an-idea/#comment-635 Larry Maxwell, Atlanta, GA Thu, 29 May 2008 17:08:38 +0000 http://askfsb.wordpress.com/?p=315#comment-635 Doing your own patentability search is a great idea, even if you ultimately hire a lawyer to supplement it. If the invention relates to a specialized industry, the inventor is often the best person to know where to look for prior art information. For example, there may be industry trade journals that a standard attorney-directed search wouldn't find. Or the inventor may recall having seen something similar presented at a trade show or technical conference. The can ask a patent attorney to evaluate all of this information collectively and provide an opinion on patentability. Doing your own patentability search is a great idea, even if you ultimately hire a lawyer to supplement it. If the invention relates to a specialized industry, the inventor is often the best person to know where to look for prior art information. For example, there may be industry trade journals that a standard attorney-directed search wouldn't find. Or the inventor may recall having seen something similar presented at a trade show or technical conference. The can ask a patent attorney to evaluate all of this information collectively and provide an opinion on patentability.

]]> By: Patented, Los Angeles, CA http://smallbusiness.blogs.cnnmoney.cnn.com/2008/05/27/the-pricey-path-to-patenting-an-idea/#comment-634 Patented, Los Angeles, CA Thu, 29 May 2008 14:46:02 +0000 http://askfsb.wordpress.com/?p=315#comment-634 The patent process is much more expensive and time consuming than most people realize. $10,000 is a conservative estimate - you have to pay for preparation and initial filing (can range from $7-15k depending on complexity and billing rates), then wait 2-3 years until it is examined, and then probably be required to respond to one or multiple office actions or rejections (maybe 1,500 to 3,000 for for each response). Not to mention extension of time fees and other fees that are not well known (e.g. formal draftsman drawings, claim fees, IDS fees, RCE fees). These can add up quickly. After all this, if you are able to obtain a patent (hopefully it is somewhat valuable after this process...), you have to pay the issue fee. Thus, from beginning to end, it can easily cost 20k, not just 10k. Then, you have to pay fees every four years to maintain the patent. Plus, it can take years to go through this process, and you may never obtain a patent. Recent court decisions have made obtaining a patent more difficult. While doing your own web research may be beneficial, there are lots of independent professional searchers who can do it for 1,000 - 1,500 and who are much better and much more efficient than a person off the street. There are more than seven million patents now. The patent process is much more expensive and time consuming than most people realize. $10,000 is a conservative estimate – you have to pay for preparation and initial filing (can range from $7-15k depending on complexity and billing rates), then wait 2-3 years until it is examined, and then probably be required to respond to one or multiple office actions or rejections (maybe 1,500 to 3,000 for for each response). Not to mention extension of time fees and other fees that are not well known (e.g. formal draftsman drawings, claim fees, IDS fees, RCE fees). These can add up quickly. After all this, if you are able to obtain a patent (hopefully it is somewhat valuable after this process…), you have to pay the issue fee. Thus, from beginning to end, it can easily cost 20k, not just 10k. Then, you have to pay fees every four years to maintain the patent. Plus, it can take years to go through this process, and you may never obtain a patent. Recent court decisions have made obtaining a patent more difficult. While doing your own web research may be beneficial, there are lots of independent professional searchers who can do it for 1,000 – 1,500 and who are much better and much more efficient than a person off the street. There are more than seven million patents now.

]]> By: Brian Javeline http://smallbusiness.blogs.cnnmoney.cnn.com/2008/05/27/the-pricey-path-to-patenting-an-idea/#comment-633 Brian Javeline Wed, 28 May 2008 19:32:49 +0000 http://askfsb.wordpress.com/?p=315#comment-633 While obtaining a patent can be a competitive advantage, your company should also realize that it can cost a lot of money and time to defend against it. A company, especially with software technology, should realize that these differences can easily be replaced or superceded in a fast moving environment (didn't Netscape have a patent or two?). Innovation, speed and customer traction and loyalty can be much more important than a patent. Our early stage company www.MyOnlineToolbox.com does have a few patents that are pending, but we move on as if they are irrelevant from a customer perspective. Obviously this is not the case in other industries such as medicine. While obtaining a patent can be a competitive advantage, your company should also realize that it can cost a lot of money and time to defend against it. A company, especially with software technology, should realize that these differences can easily be replaced or superceded in a fast moving environment (didn't Netscape have a patent or two?). Innovation, speed and customer traction and loyalty can be much more important than a patent. Our early stage company http://www.MyOnlineToolbox.com does have a few patents that are pending, but we move on as if they are irrelevant from a customer perspective. Obviously this is not the case in other industries such as medicine.

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