Mason Boswell's Answers

How long do patents last? Do they ever expire?

Patents last 20 years from the date of filing. However, a patent on a base concept will not prevent you from applying for a patent on improvements to the base concept. For example, the cell phones of today are filled with innovations not present in Bell's original telephone. A patent gives you the right to exclude others, but not a right to practice the invention. For example, you could exclude others from using your improvements, but still not practice your invention without a license from...

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Is it safe to show details of my invention including prototype to an interested manufacturer even before signing an NDA?

No, that's the short answer. In addition, an NDA may not protect what you think it does. A provisional patent application is often the best protection in situations like this, because it documents when you had possession of an idea. An NDA on the other hand, just keeps both parties to a meeting or working together from disclosing what they learn. The problem with an NDA is that from the point of view of proof it is often difficult to determine who showed up to a meeting with what...

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What the cost to patent a product

(Karen, that's a really cool calculator! I haven't seen anyone else do that and it is badly needed.) There are three phases to a patent application that I typically recommend that inventors plan for: 1) filing, 2) prosecution, and 3) post-issuance. The costs of each of these phases are spread out over many years, but you should have in mind at least $30,000 as a rough total budget over the full 20 year life of a patent (and that’s without any assertion or litigation of the patent). The...

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I've invented a new card game. How do I go about protecting myself from lawsuits based on rule similarities to other games?

Your main worry should be patents, and realistically from a business point of view it is likely best to simply go forward with your idea (possibly filing your own patent), and see how the market responds. If you achieve success, and attract the notice of game companies that already hold patents, then they will likely first send you a letter and open a discussion in which licensing their existing patents would be a possibility. The amount for licensing isn't likely to be a deal breaker for...

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I have a card game in mind. How do I protect the rules of the game?

I have successfully obtained several patents on card games for clients, and patents are much more useful for this purpose than copyright. It is just so easy to get around copyright by rewriting something in a different form, whereas patents can protect the process carried out by the rules. As Daniel mentions, the Bilski case may have an impact on this, but I really don't see the Supreme Court (which has almost universally come out on the side of the broadest subject matter possible, "anything...

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If a patent number cannot be found on the USPTO website itself, is it expired?

The only thing I would add over the previous answers is that since we are both in Seattle, if you contact me I would be happy to help you look this up at no charge (mason@boswellip.com). Sometimes the PTO website is a little bit obscure. - Mason

Am I required to support former employer to file patent app. w/o compensation 6 mos after they'd terminated me w/o pay?

This happens quite frequently. Because the patent process takes so long (many years at times) it is often the case that inventors and assignees part ways unpleasantly during the process. Consider, however, that there is some benefit to you of being named as an inventor on a patent, even if you do not own the patent. This is something you can mention on your resume, for example, and that shows your engineering skill. I agree with what the others have said, most standard employment agreements...

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How much does it cost

We cannot be bought, you can only use our services:). I agree with others that without knowing the technology area no definite quote can be given, but just to ballpark: 1) A provisional application can cost anywhere from $1,000 to $10,000. 2) A nonprovsiional (regular) application can cost anywhere from $5,000 to $20,000 to file. 3) Once an application is filed, expect to have several rounds of negotiation with the Patent Office starting about 2 years after filing, then at 6 month...

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How can we protect ourselves from our competitor's patent applications ?

There are two fronts you want to operate on: 1) Invalidate any patents the competitor might file. No one can file a patent application more than one year after the invention has been publicly disclosed and on sale. Patent filers are also under a duty to report prior art they are aware of to the Patent Office. Thus, you want to inform the competitor of your work and that you think it is relevant prior art. You also want to document that you did so (e.g., registered mail, dated letter,...

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What are my options?

Sometimes business solutions are better than legal solutions. Have you tried to contact this person to see what he is willing to tell you? Perhaps you both have complementary approaches to the same problem and could work together. You are correct that you cannot sue him for patent infringement until you have a patent, and damages at the earliest can go back to when your application was published (confusingly called provisional rights, which have nothing to do with provisional applications)....

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