# how to patent something?



## hojimoe (Mar 7, 2008)

Hey all, basically I need to patent a product that I made 2 weeks ago, nothing exists like it that anyone in my field is aware of, and I was suggested to patent it by both my profs/coworkers and parents.

Also recommended was to attempt to sell it to leading manufacturers in my field to mass produce it - and get it covered by insurance companies...


anyway, the only info I can find if from the gov.ca websites, and it seems extremely expensive? I was wanting to do a canadian, then USA, then euro patent on it... I'm looking at I think $1200 for canadian?


anyone done this before and have any insight? the governments websites tick me off lol


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## UnderTheSea (Jun 2, 2008)

Hey Jim,
I came up with an idea for after taking a slapshot off the tongue of my skate about 20 years ago. Create a pad that would strap on to the skate and protect the foot until it was healed. There was nothing I saw in the patent db for US or Canada. So I read and read and read, then printed off all the documentation and gave up.

 About 5 years ago guess what hit the market.

I am curious if they have improved the process to patent something.


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## KnaveTO (May 13, 2007)

Patenting a very expensive process. First off always verify that you don't have some sort of work product clause in any documentation that you may have signed at your school. I have heard that schools have attemtpted in the past to take a percentage of the patent rights using an argument that since they facilitated the learning and their equipment and materials were used then a fair share of the proceeds should be theirs as well.


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## hojimoe (Mar 7, 2008)

KnaveTO said:


> Patenting a very expensive process. First off always verify that you don't have some sort of work product clause in any documentation that you may have signed at your school. I have heard that schools have attemtpted in the past to take a percentage of the patent rights using an argument that since they facilitated the learning and their equipment and materials were used then a fair share of the proceeds should be theirs as well.


didn't sign nothing  and I thought of it on my own time  made it when I stayed late .... so many ways around that ... all this actually happened though lol

I know how schools can take credit/rights - it happened to my sister who's a teacher...


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## hojimoe (Mar 7, 2008)

UnderTheSea said:


> Hey Jim,
> I came up with an idea for after taking a slapshot off the tongue of my skate about 20 years ago. Create a pad that would strap on to the skate and protect the foot until it was healed. There was nothing I saw in the patent db for US or Canada. So I read and read and read, then printed off all the documentation and gave up.
> 
> About 5 years ago guess what hit the market.
> ...


that SUCKS .... I hate when that kind of **** happens...and hate to hear ppl that it happens to!


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## ameekplec. (May 1, 2008)

I have no idea what to do to get a patent passed, but just a side question I have wondered for a while. (And not to thread jack or anything)


What exactly do you study Jim?


Good luck with the patenting. If it's that good, I'm sure it'll be worth the money to go through with it.

As a lead, maybe you want to just try and give a patent lawyer a call and ask?


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## hojimoe (Mar 7, 2008)

ameekplec. said:


> I have no idea what to do to get a patent passed, but just a side question I have wondered for a while. (And not to thread jack or anything)
> 
> What exactly do you study Jim?
> 
> ...


I study prosthetics and orthitics (artificial limbs, and braces - not only foot orthotics as commonly referred by)

I was told to do the info and forms myself, and not to use a lawyer - lowers the cost that way...but giving them a call may not be a bad idea, just to pick their brain


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## JamesG (Feb 27, 2007)

The government office you are looking for is CIPO
http://www.cipo.ic.gc.ca/epic/site/cipointernet-internetopic.nsf/en/Home

I suspect that like most government documents to be reviewed your fee is based on the amount of material you submit.

I'd give them a call and get a rough idea of the costs. Make sure to mention you are just an individual as they may point you to some sort of amateur inventor bursary/fee waiver if there currently is one.

I may be able to help if you have more questions. I am not a lawyer or a patent expert I have just sent in many a government form for pharmaceutical medical device licence applications.


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## conix67 (Jul 27, 2008)

I've got a little bit of experience on US Patent. Probably not enough to help you since most of the preparation work was done by company's lawyer. 

Whatever you do, do enough research and make sure you include all previous inventions related to yours, and clearly express your invention in your application in lawyer terms(?). Ours was eventually granted but it took several years in total and it was initially rejected because the reviewer was just not intelligent enough to differentiate ours from existing ones.


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## hojimoe (Mar 7, 2008)

conix67 said:


> I've got a little bit of experience on US Patent. Probably not enough to help you since most of the preparation work was done by company's lawyer.
> 
> Whatever you do, do enough research and make sure you include all previous inventions related to yours, and clearly express your invention in your application in lawyer terms(?). Ours was eventually granted but it took several years in total and it was initially rejected because the reviewer was just not intelligent enough to differentiate ours from existing ones.


the great thing is, this type of device was never created before  which makes it awesome, why it was never thought up before is beyond me


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## viper32x (Dec 4, 2008)

I was going to make a patent about 2 months ago until I found a website online sayin that my idea is patent pending in the USA in Feb. 2008. It kinda sucks cuz if this works for the guy I'll be pissed. I had a lawyer here and called many others and the best price that I found was $20,000, so that's what it costs to do a patent in Canada and another $20,000 for the USA, basically $20,000 for each country you wanna get a patent in. here's my idea (or was) if anybody wants to check it out www.shotgunbeerking.com


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## Zebrapl3co (Mar 29, 2006)

Hm, that doesn't sound very right. It shouldn't be that expensive to patent something. Maybe you're doing it the wrong way as in getting riped off big time by a lawyer or something ...

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## viper32x (Dec 4, 2008)

Zebrapl3co said:


> Hm, that doesn't sound very right. It shouldn't be that expensive to patent something. Maybe you're doing it the wrong way as in getting riped off big time by a lawyer or something ...


if you find a better way let me know.


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## Canadiancray (Apr 27, 2006)

Patents when done properly are VERY expensive. That figure is about the norm once all is said & done.


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## subgeni (Dec 26, 2008)

*GreatIdea*

We can get a patent for much less than 20k. Please contact if you are interested. Thanks for the link.

SGBK
[email protected]


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## UnderTheSea (Jun 2, 2008)

Hey Jim,
How is your patent coming along? I have something in the works related to the hobby. Something brand spanking new, no existing patents here or the US. Going to give my lawyer a call this week to see if he can provide any direct.


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## Tropicana (Feb 15, 2009)

That web site it sends you to is really distracting lol.... but great idea.


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## AquaNeko (Jul 26, 2009)

KnaveTO said:


> Patenting a very expensive process. First off always verify that you don't have some sort of work product clause in any documentation that you may have signed at your school. I have heard that schools have attemtpted in the past to take a percentage of the patent rights using an argument that since they facilitated the learning and their equipment and materials were used then a fair share of the proceeds should be theirs as well.


I'm still skimming this whole thread but on this percentage thing yah... it cuts into future profits.

OP check this out.





 Partly related into university percentage and also IIRC the guy has worldwide patents (can't hear audio now as soundcard is fubared) and worth probably shooting him an email about the patenting process.

Also you might want to pitch it on the show for massive exposure for investors and also the shows investors and their power marketing to get your product on the shelves.


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## gucci17 (Oct 11, 2007)

wow! I clicked on that link and it is NSFW! I wish I could see what it is about but my company firewall didn't block it for some reason. I had to close it right away....


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## qwerty (Dec 15, 2009)

The two most important things to remember about being an inventor...

1) NEVER tell anyone about your idea, until you have the patent...

2) Make aboslutely certain that your idea hasn't already been thought of before wasting time and money trying to get it patented...

Just because it's not available in a store anywhere, doesn't mean someone hasn't invented it already and failed to market it... Sometimes the best ideas just aren't profitable enough to be worth it for major companies...


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## hojimoe (Mar 7, 2008)

UnderTheSea said:


> Hey Jim,
> How is your patent coming along? I have something in the works related to the hobby. Something brand spanking new, no existing patents here or the US. Going to give my lawyer a call this week to see if he can provide any direct.


cool chris, let me know when you can talk about it

I have hired a laywer and dated documents and have started the patenting process. shortly after that I will be pitching my product to the suppliers and manufacturing companies in hopes of just selling the rights to it.

I would prefer to retain the rights to it, but frankly for me there would be a yes and no amount to giving the rights up fully


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## calieigh (Jan 20, 2010)

I believe a lawyer who specializes in that kind of thing is what you will need.


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## chrisssteeven (Feb 11, 2010)

Hi,
Do an online patent search, i have included the website below. Before you start, put down as many key words on paper as you can that cover you idea so that you are doing a thorough search.


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