protecting my business idea.. patents?

P

paperclip

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Hi. I've come up with a pretty unique business idea... i've told a few people i trust, family and close friends, and they think it's a really great idea, so, i'd really like to make a go of it.

The thing is, i'm currently half way through a world trip... i've been able to do research online, and am 99% sure that there's nothing like this on the market.

I've a friend back home who wants to go in on this with me, and she's already started the ball rolling and is waiting to hear back from enterprise ireland.

the thing is, i'd like to patent this.... can someone please answer the following...

1.) do i need to be back in ireland to do this?

2.) i've been reading on here that they're expensive... how expensive?

3.) can you patent an idea, or do you need a working prototype.

4,) what are the different types, ireland, europe... the world?

thanks, i don't have too much business acumen
 
www.patentsoffice.ie

The guys at the Patents Office are really helpful from my experience. Maybe get your friend to go to the Local Enterprise Board as well checking with Enterprise Ireland. If you get the patent & then someone copies or puts a slant on your idea before bringing it to market it could end up costing a lot of money to challenge it.
The patent is probably the last of your worries just now - see if you've a decent business model first. Good luck!
 
I have been involved in getting international patents and Enterprise Ireland can offer both expert and financial support. There are lots of different types of patent but the real question you have to ask yourself is can you afford to defend it? Do you have the financial resources to take a case to the Chinese high court (or equivalent there of)?
If your product is a consumer good your best option is to patent it and then license it to a big company.
While you are waiting for your patent application to be passed make sure that you have a standard nondisclosure agreement with any person or organisation that you speak to, otherwise showing them your idea puts it in the public domain and invalidates your patent application.
 
thanks for the input guys....

i've mailed the patent office some questions and am just waiting to hear back from them.

Complainer, i've only told my family, and the 2 people, close friends, who i'd like to go into business with.... thing is, one of em's told his sister...

i'm sure it'll be grand, but ye never know who she'll talk to, her husband.... i'm telling no one else, and would like to get it protected...
 
Paperclip,

If you need to talk to any other people, make sure you get them to sign a standard NDA - Non-Disclosure Agreement

D
 
paperclip said:
... Complainer, i've only told my family, and the 2 people, close friends, who i'd like to go into business with.... thing is, one of em's told his sister...
Click to expand...

If you proceed with your patent application one of the first things you'll be asked is if information about the product is in the public domain.

It sounds to me like it is.

Best of luck with the application and the product.
 
mathepac said:
If you proceed with your patent application one of the first things you'll be asked is if information about the product is in the public domain.

It sounds to me like it is.

Best of luck with the application and the product.
Click to expand...

i pm'd purple, he said it's cool as long as they don't pursue it as a business themselves....

also, i had to tell the 2 friends who i want to do this with.

i think most people who have, what they consider a good business idea, run it by close family and friends before going for it... if it's an issue, i can just put down that no one knows on the application.

it's like a huge mountain to climb.... big respect to those who start their own business...
 
update... just had a word with the patent office... and it all looks pretty straight forward...

i can print off an application form online... send it off with a description and some drawings of it, and then it's a patent pending...

application is 125euro...

they said the application would be reviewed and i'd be notified if it needs to be amended or anything clarified...

they did say something about a search fee... which can be paid further down the road, 250euro...

so, i guess i'll get the ball rolling...

i'm 99% sure this hasn't been done yet, so, time to get the finger out...
 
Unless your idea is v simple, I'd recommend getting an IP lawyer to check out your patent application before you file.

I should disclose that I'm a lawyer (but not a patent lawyer)

Sprite
 
it's pretty simple... as in it can be explained in 4 words.

would i need a specific patent lawyer.... how much do you guys charge?



WaterSprite said:
Unless your idea is v simple, I'd recommend getting an IP lawyer to check out your patent application before you file.

I should disclose that I'm a lawyer (but not a patent lawyer)

Sprite
Click to expand...
 
paperclip said:
it's pretty simple... as in it can be explained in 4 words.

would i need a specific patent lawyer.... how much do you guys charge?
Click to expand...

Well, I'm not one of "those guys" myself and patent lawyers are generally quite expensive unfortunately. You can have one help you draft the application and then hold off and see if the patent office comes back with questions as part of the examination process. If you involve one in Ireland for the entire process, you could be looking at 10-20k (it all depends on the level of complexity of the invention). But if the idea is genuinely novel and you think it could make you a lot of money, then it will be worth it to protect it properly. There are libraries full of legal cases about the interpretation of patents and, unfortunately, if your patent is really valuable, that just means that others will hire expensive lawyers to pick over it if/when it's granted to find a way around it - having a lawyer draft the application will help you apply for the maximum appropriate protection. Not knowing anything about the invention, it's impossible to comment on its patentability and value. I'd suggest at least going for an initial consultation with a patent agent here in Ireland and get quotes for each stage of the process and then decide. I'd imagine they charge 200-300 per hour and they should be able to give you a fixed fee quote for the patent application process.

You also need to think about where you want to protect the invention - Ireland only? Europe too? The US, Japan? Lawyers' fees can increase exponentially as a result unfort.

Sprite
 
WaterSprite said:
You also need to think about where you want to protect the invention - Ireland only? Europe too? The US, Japan? Lawyers' fees can increase exponentially as a result unfort.

Sprite
Click to expand...
You also have to ask yourself if you have the resources to defend your patent in China etc.

Paperclip; have you or your representative contacted Enterprise Ireland or your local Enterprise Board? They can advise and offer financial advice.
 
I had a similar problem when I invented the Underwater Hairdryer - seems like some Kerryman stole my plans.
Just kidding... it was actually the waterproof teabag, but theres one thing patenting a product ,theres a whole load of more important ground work, where to get funding, source manufacturers if its a product, market research, you can't patent an idea on its own, you need to back it up with drawings , possibly a prototype although this is not always necessary, if you discuss this with anyone especially potential business associates you should have them sign a confidentiality agreement.
Good Luck, and lets hope its not "A Perpetual Motion Machine"
 
10-20k... that's very expensive, for a start up business... are those costs purely for lawyer fees?

i'm very confident with this, so i'd like to have it protected.

WaterSprite said:
Well, I'm not one of "those guys" myself and patent lawyers are generally quite expensive unfortunately. You can have one help you draft the application and then hold off and see if the patent office comes back with questions as part of the examination process. If you involve one in Ireland for the entire process, you could be looking at 10-20k (it all depends on the level of complexity of the invention). But if the idea is genuinely novel and you think it could make you a lot of money, then it will be worth it to protect it properly. There are libraries full of legal cases about the interpretation of patents and, unfortunately, if your patent is really valuable, that just means that others will hire expensive lawyers to pick over it if/when it's granted to find a way around it - having a lawyer draft the application will help you apply for the maximum appropriate protection. Not knowing anything about the invention, it's impossible to comment on its patentability and value. I'd suggest at least going for an initial consultation with a patent agent here in Ireland and get quotes for each stage of the process and then decide. I'd imagine they charge 200-300 per hour and they should be able to give you a fixed fee quote for the patent application process.

You also need to think about where you want to protect the invention - Ireland only? Europe too? The US, Japan? Lawyers' fees can increase exponentially as a result unfort.

Sprite
Click to expand...
 
E.I have put us on to dublin city enterprise board... lets see if they can help.

Purple said:
You also have to ask yourself if you have the resources to defend your patent in China etc.

Paperclip; have you or your representative contacted Enterprise Ireland or your local Enterprise Board? They can advise and offer financial advice.
Click to expand...
 
the people i've told i trust completly... i do understand where you're coming from though....



roro123 said:
I had a similar problem when I invented the Underwater Hairdryer - seems like some Kerryman stole my plans.
Just kidding... it was actually the waterproof teabag, but theres one thing patenting a product ,theres a whole load of more important ground work, where to get funding, source manufacturers if its a product, market research, you can't patent an idea on its own, you need to back it up with drawings , possibly a prototype although this is not always necessary, if you discuss this with anyone especially potential business associates you should have them sign a confidentiality agreement.
Good Luck, and lets hope its not "A Perpetual Motion Machine"
Click to expand...
 
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