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Topic: Idea protection

Does anyone have any experience in concept or idea protection?  My main motivation for purchasing the solidoodle was to push forward many invention ideas that I have been kicking around for years.  The ability to print my own prototypes without having to send them out into the world for someone to steal.   Since the patent process is expensive and I'm notoriously "frugal" I haven't wanted to put the money out there to officially provisionally patent anything at this time, but I'd like to be able to share some ideas and prints with the community and share some of my STLs on thingiverse and the like.  Would posting to thingiverse or putting pictures up here, which would effectively document the concept date and idea be enough protection against someone stealing it for monetary gain, or is that unwise?  I'm an idea man, but I don't have a clue how to get it past that stage and into the $$ making portion of the program.   

Let me know if anyone in the community is knowledgeable and wants to lend some expertise. 

I have to say, it's still amazing to me that I can design and print 3 versions of an item working through prototype stage until I like it and it performs as I intended all within a couple nights and sitting on my kitchen table.  That would have cost me immensely if I had to send it out, and I would have had to protect each idea to just be able to send it out.  This is truly a game changer for us budding inventors.  Thanks again to Solidoodle for making this possible at such an affordable price, mine has paid for itself several times over already.

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Re: Idea protection

Now, I'm not a lawyer so you shouldn't take by advice buuuutttt...

I think as long as you can prove "prior art", the idea is your property. I believe you can backdate patents if you ever decide to patent in the future.

Someone chime in if im wrong.

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Re: Idea protection

I've heard that a bunch Gordym, but I watched some online videos from the patent office explaning the cost and timing of the process a few months ago, and the two very dry gentlemen literally turned to each other and laughed when describing that method.  I think it's an old wives tale.  They did say to keep a journal and get it notarized from time to time when you're writing a new invention, but in this day and age of the internet it's hard to share and get feedback without being fully protected.  I think I'm stuck between a rock and a Chinese knockoff of that rock at 1/3 the price.

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Re: Idea protection

Copyright and patent are two different things.

Copyright applies to artistic works and is automatic in most countries. An example of this might be a photo taken and uploaded somewhere, this is automatically protected.

A patent is a lot more painful and harder to implement. These apply more to the ideas behind one of your inventions. Anytime you share this publicly without having a patent you are effectively donating the idea to the world. Having a diary saying you came up with the idea on x date won't mean a thing, because anyone else can do the same same thing from your donated files.

Summary: don't post up stls to thingiverse if they contain the featureso your invention or you're screwed.

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Re: Idea protection

cmetzel wrote:

Does anyone have any experience in concept or idea protection?  My main motivation for purchasing the solidoodle was to push forward many invention ideas that I have been kicking around for years.  The ability to print my own prototypes without having to send them out into the world for someone to steal.   Since the patent process is expensive and I'm notoriously "frugal" I haven't wanted to put the money out there to officially provisionally patent anything at this time, but I'd like to be able to share some ideas and prints with the community and share some of my STLs on thingiverse and the like.  Would posting to thingiverse or putting pictures up here, which would effectively document the concept date and idea be enough protection against someone stealing it for monetary gain, or is that unwise?  I'm an idea man, but I don't have a clue how to get it past that stage and into the $$ making portion of the program.

I'm amazed at what everyone is suggesting, not to mention how far off of the mark they are.

Prior art is a way to show something has already appeared in the public domain (or has previously been patented), and therefore cannot be patented (at least in its current form).  With the recent changes in patent law, it's whomever files (and is granted) a patent first.  In years past, you could keep a notarized engineering notebook of your designs to show you invented something first, but those days are gone.

You have one year from introduction to the public to fully patent your idea, but you'll want to get a provisional patent in the meantime.  Sending yourself everything in a sealed and dated envelope doesn't hold water, unfortunately.  The process can be done yourself for a few thousand $s as an individual or sole proprietorship... but there's a reason lawyers are involved in the patent process (the wording of a patent is of the utmost importance to preventing gaping holes someone can design around), which raises the cost very quickly into the $15-25k range.

If the invention is unique... do NOT share pictures of it, describe its operation, or even talk to others about any details unless you have a signed NDA in your possession from everyone privy to that info.

Good luck!

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Re: Idea protection

I hate the entire patent system. Its a method of making lawyers rich and allowing the rich to control what they want. Even if you get a patent, uou still have to sue someone who infringes it .. if they are a big company, you will eventually be beaten down.
Of course they would hate the postmark method, they make no money off of it.

Documenting it is still logical, take a photo and use a trusted imestamping service, no one can ever say it was altered after that date.
heres a free one ..

http://www.itconsult.co.uk/stamper.htm

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Re: Idea protection

A great TED talk on patents.

http://www.youtube.com/watch?v=L1s_PybOuY0

It's basically explaining that all ideas are remixes of old ones and that patents stifle creativity. It also has some funny contradicting Steve Jobs quotes.

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Re: Idea protection

Not to rain on your parade, but the cost of the patent isn't the only thing...you still have to defend it.

I don't seem to be able to insert links, but "inventionstatistics dot com" places those costs at over $1 million.

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Re: Idea protection

Jinja wrote:

A great TED talk on patents.  It's basically explaining that all ideas are remixes of old ones and that patents stifle creativity. It also has some funny contradicting Steve Jobs quotes.

Yeah I've seen that TED talk, and I'm one of the biggest Steve Jobs downplayers around, I know everything he did was stolen, modified, and marketed.  Steve Jobs was a world class marketing genius, but he never invented a single thing. 

roughtyper wrote:

Not to rain on your parade, but the cost of the patent isn't the only thing...you still have to defend it.

You have to defend it if it's a big enough idea for someone to steal and reproduce, my inventions are not game changers in that respect.  There's a decent chance that someone overseas could want to produce it, but at that point it would only be after seeing my success, at which time I should have the money to defend if necessary. 

The thing that I'm in awe about every day since getting my SD is that I can be sitting on my couch and come up with an idea, since I'm fluent in Solidworks and have 15yrs engineering background, I can model up that idea in 10-15 minutes and start the print.  From the time the idea pops into my head to the time I'm holding the working model in my hand is a couple hours, and if I want to change something I've got the second generation in my hand a few hours later.  The amount of time and expense this machine has eliminated is just mindblowing.  I literally have a plastic bag in my car with 6 working prototypes of inventions I've been kicking around for years but the cost and the thought of how to protect the idea during the process of having prototypes made has kept me from moving forward. 

The issue that I have from here is where do I go next, I know there's a mountain of information about it on the internet and in the link you provided, but with a full time job, an hour commute and 3 kids, my time is very limited.  I'm thinking my sleeping is going to take a hit just so I have a chance to do more research on how to move forward.

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Re: Idea protection

Patent's are great for us re-inventors.  In the Patents, have to explain how the invention is intended to work, and have about 20 points of uniqueness.  When designing a new product, you can use the Patent as a guideline, throw out all the points of uniqueness that you can design around; and Bingo you have a new unique concept...

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Re: Idea protection

The US patent law is changing in March from a 'first to invent' to a 'first to file' structure. Under the new law, if two inventors independently create the same invention, the first to file a patent application will get the patent, regardless of which one was the first inventor. If you show your invention to someone and they then file a patent on it the patent protection applies to them, not to you.

Reading a patent often just gives people ideas on how to solve the same problem another way and so your patent may not be preventing anyone from selling a similar product.

To make an actual product it is often difficult to do so without violating someones patent. Large companies have portfolios of patents and they often trade or sell access. It is very difficult for a small organization to successfully defend a patent against a large company.

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Re: Idea protection

s4 is pretty spot on...First to File will go into effect in March 2013...

One of the best ways to go cost efficiently is to submit a Provisional Application prior to any public disclosure (uploading to Youtube / Thingiverse, or any form of offer for sale) of your invention .  This application will preserve your filiing date (first to file); and give you 1 year in which to file your full Utility Patent.  The cost of filing a Provisional is not too expensive if you do it yourself online...about $180.00, I think.  The trick is you need to provide enough detail in the Provisional to support / cover the protectable claims of your final Utility Patent.  If you employ an Attorney to do this, you have a pretty good bet that it will read well to your full Utility application.  A decent attorney will charge around $1,500.00 for a provisional.

If you feel your invention has good Market value, you can file in this manner and then within 1 year hopefully build enough cash from selling to cover the Utility Application.

SD2 - Stock - Enclosure - Heated Bed - Glass Plate - Auto Fire Extinguisher
Ord Bot Hadron - RAMPS 1.4 - Bulldog XL - E3D v6 - 10" x 10" PCB Heated Build w/SSR - Glass Plate
Thanks for All of Your Help!

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Re: Idea protection

just sounds like a scam being perpetrated by the patent office to force people into patenting a good idea.
if you can prove prior knowledge that should be sufficient.

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Re: Idea protection

I looked into getting a patent at one time.  My lawyer finally advized me that to just hit and run was my best shot.  By that, he was suggesting that I should set up mfg, set up marketing, and hit it fast and furious since in his words, 'If there is money in it, someone WILL take it away, legally or otherwise."  Further, he said to patent it would be between 10 to 20 thousand, and that with that same money, I could get a long ways toward marketing the product and profit until someone beat me out of it.  Dont know if that is the best advice, but since I didnt have 10 to 20 k to do either.. it was mute.

15 (edited by Irish 2012-12-27 17:57:11)

Re: Idea protection

I wouldn't really worry about a patent until you have something that's actually worth the effort. You talk about protecting your design. The best way to do that is "Keep you mouth shut!" Sorry, I'm not trying to be smart. Most things are stolen because the person inventing them is so excited they start showing and bragging about what they are working on. There are people everywhere looking to take someone else's work and run with it.

The old World War II saying plays here also: "Loose lips sink ships." You have the machine to work on in private. Until you are really ready to try and produce it don't go telling or showing anything to anyone. In a lot of cases the cost of a patent isn't worth the effort unless your return would be in the millions. Getting a product out to market fast, make a profit and move on. You'll end up with more of the money in your pocket instead of the lawyers pocket.

16 (edited by danny 2012-12-27 19:15:20)

Re: Idea protection

It's already first to file really,

And prior art prove nothing.

Take the patent granted to makerbot for their automated build platform.

A conveyor belt is hardly unique, and the entire concept was discussed at length (with rough designs) on Adrian bowmans reprap blog.

Basically, if you've got a great idea keep it to yourself until you have patent protection. Or the product in a shop if you go without a patent.
The idea that if you put it online it shows prior art. Or write down your ideas ant get notorised or post it to yourself dated/recorded delivery etc is rubbish.

Work only with people that you know and trust.
Protect your ideas and then share your ideas.

I'm not sure where this sits with a company getting a patent granted on ideas developed by the open source community (the automated build platform patent suggests that there is nothing to stop a company patenting your open source ideas).


I would think that actual product on sale would be prior art.

Sadly this may not stop a person copying your idea and getting a patent on your idea, but it does mean that you have a better chance of challenging the validity of their patent when/if they use that patent against you.

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Re: Idea protection

Prior art can invalidate a patent though, if you can prove prior art to someone else's patent.

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Re: Idea protection

Brad wrote:

Prior art can invalidate a patent though, if you can prove prior art to someone else's patent.

I'm pretty sure that there is plenty of prior art for phones with round corners, or icons depicting phones that are green squares with slightly round corners and a symbol for a phone on it, (in fact I'm fairly sure this is what the old BT phone card pay phone booths used to look a bit like.

I'm obviously talking about the apple/samsung spat with the phone and the icons etc.

I have no strong views either way on this, (I genuinely don't care about either company). but what I would say is proving prior art, filling patent disputes can be a long and (very costly) business.

being right doesn't matter if you are rich.

you can take that two ways.
Rich companies will crap all over you if you hope to invalidate their patents with saying I had prior art uploaded online first.
Or, if you already got your product to market and in shops and already got rich, do you really care about loosing small amounts of money when someone tries to copy you?

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Re: Idea protection

danny wrote:

you can take that two ways.
Rich companies will crap all over you if you hope to invalidate their patents with saying I had prior art uploaded online first.
Or, if you already got your product to market and in shops and already got rich, do you really care about loosing small amounts of money when someone tries to copy you?

'Small amounts of money' is relative and it depends. Am I thriving with a growing company and an individual or two is making a few thousand here and there off of my products? I probably wouldn't care at all. Is an individual or small business gaining similar size to me at just a few thousands dollars? I probably would care.

The discussion of idea men/women is similar to that of artists/creative types. Companies need the ideas and art but they seem to regard the individuals that provide them as if the company could do without them. That's why I stopped drawing.

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Re: Idea protection

MacGyverS2000 wrote:

but there's a reason lawyers are involved in the patent process (the wording of a patent is of the utmost importance to preventing gaping holes someone can design around), which raises the cost very quickly into the $15-25k range.

RGargus wrote:

Further, he said to patent it would be between 10 to 20 thousand


Dang I dunno where you guys are getting your cheap patent attorneys  smile  a little project for my company shot beyond $50k in lawyer fees


Claim 6:  An apparatus comprising:
a detector that detects, at a point on a XX that runs from a XX to a XX, a XX signal that is being transmitted from said XX to said XX to XX said XX to XX a XX, thus yielding a detected signal; and a transmitter that transmits, in response to receipt of said detected signal, a XX signal that causes a XX of XX that initializes said XX to XX.

Claim 7:  The apparatus of claim 6, wherein..   oh you get the idea

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Re: Idea protection

And everybody knows about Microsoft patenting the [Page Up] and [Page Down] keys (or at least the concept of them) decades after the fact. In Australia we have a separate section of IP laws that let you register a design so that on top of Copyright, you can protect the overall look of your invention.

"Have you considered registering a design? A design protects the visual appearance of a product and can be a valuable commercial asset.
A design is the overall appearance of a product. This includes the shape, configuration, pattern and ornamentation which, when applied to a product, give it a unique visual appearance."

Don't know what you have over in the US though.