if you don't bother to patent and you actually start producing the product then if someone else tries to patent it you'll have a case of "prior art". If you can demonstrate that the product existed before the patent was lodged then you can overturn the patent application or ruling.
Patents cost heaps and don't actually protect your idea. You still have to go out and "sue" other people if they're stealing your idea. So you have to budget not just for the patenting fee but also any cost involved in defending it (if defending it is even possible, try forcing a foreign company to stop making your product in Asia or Eastern Europe).
Another byproduct of applying for a product is that your design is out there for the world to see; checkout http://www.google.com/patents for example, here's a patent for a guided missile http://www.google.com/patents/about?id=TH0XAAAAEBAJ it's not enough to get one made but it's a nice headstart eh. If you don't patent it, and no designs are available then at least the competition has to go through the lengthy process of reversing the design. No one commits to tooling without prototypes, trial-and-error, testing etc. this takes time. A product in hand AND design documents makes that sort of thing a lot easier for the bastards.
Cant help with how , but can say "do it"
My idea is of Earthquake proof survival office furniture ! when u dive under your desk its a survival capsule , strong enough to take a big ole beam falling on it , equipped with mobile phone charger and water and food
good luck
Stephen
"Look, Madame, where we live, look how we live ... look at the life we have...The Republic has forgotten us."
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Talk to a patent lawyer first - it's not as hard to get a patent as you think. I understand you just need to have enough information to clearly identify your idea and distinguish it from similar ideas. Then, an engineer who makes the prototype can't steal your idea.
A basic plan is all you need to apply for a patent.
"So if you meet me, have some sympathy, have some courtesy, have some taste ..."
Intellectual property theft or re-engineering around the patent is a really big problem. There are really 3 ways that this can be managed:
1) Be particularly vigilant about who you use for design and manufacturing processes so that your IP is protected. However, once your product is on the market, the minute a Chinese company takes an interest in copying it, patent or none, it will be copied and on the market within a week.
2) Spend vast sums of money designing intellectual property and patent security and then be ready to very very vigilantly protect it. However, not all that difficult to circumvent.
3) Be very good at designing the marketing of the product. Marketing is more than just advertising, it is the all encompassing way in which your product, company and brand image is perceived by the market. Everything about the product from its design, aesthetics, the augmented product, customer service EVERYTHING needs to be very well stitched together providing an image of authenticity, value and quality. This is not as hard to do as it sounds, in essence it is about ensuring that the product and business is designed to be and continues to be, better than the competition.
Let those who are the target market be in no doubt that it is the original, the genuine article, designed and manufactured by someone like them who had the same need to be filled and sought to do it in the best way possible. They didn't copy someone else's design to make a quick buck.
A golf club designed by Nike or whoever, released today can be copied (bloody well too, that most would never know the difference) and on the market by this time next week. What keeps people buying the genuine article..? The perceived value carefully created by Nike through marketing.
Clearly from the undertones of what I have written above, I am a protagonist for option 3. (partially based on experience and learning).
However, choosing the likes of option three does not mean that you forego the other elements. Instead, you would combine the three but with a clear focus on the marketing element.
See www.obo.co.nz for a company that achieved all of this pretty well. Simon the owner is a product design genius and lectures in Marketing for Massey University.
Good luck!
FYI If you would like to have a confidential (I would suggest that any consultants engineers etc that you chat to sign confidentiality agreements!!) chat re: your product etc feel free to PM me. I am going through something similar at the moment.
Cheers
Brett
Nail your colours to the mast that all may look upon them and know who you are.
It takes a big man to cry...and an even bigger man to laugh at that man.
Nail your colours to the mast that all may look upon them and know who you are.
It takes a big man to cry...and an even bigger man to laugh at that man.
Thanks for all your input peoples. I've managed to get an investor on board with my idea (albeit slightly adapted but not changed) and we are now in the process of getting a complete unit made up. I've made a mock-up of it and it appears to work perfectly. Next step is actually getting the finished product into our hands and onto showroom floors. Stay tuned. I'm quite excited about this, but am also prepared that it may not come to fruition. But hey if you don't try...
Let us know if you need more investors. I'd be happy to sign a confidentiality agreement to look at the concept. If you're all good for capital, I can't wait to see it. Hopefully, it'll sell like hotcakes!
PM sent thanks.
Maybe all this is the reason the patent scheme was invented? Everyone seems to accept that the patent scheme was introduced for inventors by inventors, to protect inventors - but is this the truth?
Perhaps it was introduced by big business for big business to protect big business? It sure seems that inventors are better served to keep their big mouth shut than publish their idea in excruciating detail for all and sundry to read.![]()
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"What Steve said pretty much summed it up."
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WTB: Hyosung bikes or going or not.
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