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Unread 30-03-2008, 16:14
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Re: Need help finding a company that can refabricate metal.

If you are thinking of a patent you need to be very careful about something called "disclosure"... essentially the act of making your invention public knowledge. While case law varies, if you have shown your invention to judges and competitors, and used it at a public event (ie a FIRST regional) there is a very good chance that you have disclosed your invention. Posting the design or photos to Chief Delphi could also constitute disclosure.

Some countries will not allow you to patent an invention once it has been disclosed. In Canada and the United States, and other countries you may be eligible to patent for up to one year after disclosure, but for specifics you will need legal advice.

Which brings up, perhaps, the most important point... if, indeed, you have a patentable invention, you should probably have a business plan in place before pursuing a patent. While, technically, you can write your own patent and file the application yourself, you might want to ask what the chances of your patent standing up to a legal challenge (or even getting past a patent examiner) are likely to be. If there is no business case for your patent, and no profit potential from it, and you are just getting a patent for the excitement of getting a patent... well, give it a try, but it can be an expensive way to stroke your ego. If there is a business case for the patent (think in terms of tens of thousands of dollars in revenues...) then you probably want to make sure you have a defensible patent. This means that you probably don't want to write it yourself.

It sounds, however, like you are more concerned with having your design associated with your name, rather than pursuing this as a commerical enterprise. That is to be commended. If, however, you are pursuing this as a commercial endeavour, you probably need legal assistance now, as there is a very good chance you have already disclosed your invention and the "clock is ticking" until your opportunity to patent evaporates.

For American Patents you may be interested in http://www.uspto.gov/web/offices/com/iip/index.htm and for Canadian Patents http://strategis.ic.gc.ca/sc_mrksv/c...gd_main-e.html Note that while the filing fees listed are not outrageous, patent search fees and legal advice can add up fast.

Also keep in mind that when you patent in the USA... your invention is ONLY protected in the USA. Canadians... and the rest of the world... can produce it freely unless you patent in each country. (The translation fees for patenting in Japan and other non-English speaking countries can be exhorbitant!)

Patents are meant to encourage innovation... and I'm not posting this to discourage your innovation, but perhaps in the hopes that should you have a truly patentable and profitable invention that you consider seeking professional legal and business advice sooner, rather than later.

Jason
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Unread 30-03-2008, 16:45
Akash Rastogi Akash Rastogi is offline
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Re: Need help finding a company that can refabricate metal.

Wouldn't you want to patent it before it is shown off? Just a question.
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