Can a apron be patented?I know aprons have been around for a while but I took the apron idea and changed it around and it functions in more than one way and is designed a little differently?.Can I patent it or what do you suggest I do before I put it out on the market And how much would it cost for I might need ...Patent or trademark? Attorney answers (3)
You could pursue a so-called utility patent for any functional or structural aspects of the apron, or if you merely want to protect the ornamental appearance of the apron design, you could pursue a design patent. The following Google search indicates that there have been many successful design patents for aprons...
Example Utility patents http://www.google.com/patents?as_vt=apron&as_pt... Example Design Patents http://www.google.com/patents?as_vt=apron&a... As far as costs go, you will probably want to have a patent attorney conduct a prior art search to see if it is even worth going forward with a patent application. You can probably find an attorney to do the search and analysis for under $1000. If you want to go through with the patent application, expect an attorney fee between $3000 and $5000 and a USPTO filing fee of about $500. These fees only address the initial drafting and fliing and other fees would apply later. 1 person marked this answer as good
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Your goal is not to own a nifty patent or trademark certificate. Your goal is to make money selling your apron. Visit < http://inventblog.com/books-for-inventors > and buy a few books on how to commercialize your invention.
Unless your apron includes one or more elements that are more than just "a little" different than all of the world's already existing aprons, you have very little chance of procuring a patent on your new design. But maybe. The question is whether you want to spend your money on patent protection or on marketing. For home-based businesses with very simply products I think your time and money are best spent on creatively branding and marketing your product and then trying to license the product rights to an existing company with manufacturing and distribution resources in place. Good luck. 1 person marked this answer as good
Generally, sure - aprons can be patented. A patent can be granted on any new or useful article (among other things), and an apron certainly qualifies as an article. But the requirements of patentability come into play, and, generally, there are three of them: utility, novelty, and non-obviousness. So as long as your apron satisfies these three requirements, then you can get a patent.
(The following is a lay-man's explanation of the requirements for patentability): Utility - whether your apron has utility? Novelty - Is your apron different than what has come before (i.e., is it novel in view of the prior art?) Non-obviousness (the tough one) - you can't get a patent on an article if someone having ordinary skill in the art would find the apron "obvious" in view of what is disclosed in the prior art. So, for example, let's say your apron simply has a different pattern of pockets than anything that has come before. The apron with the pockets would have utility, and because the pockets may be different than what is seen in the prior art, it may be novel; but you may have difficulty convincing the examiner at the patent office that the new pocket arrangement is not obvious in view of all aprons that have come before it. If you do, indeed, believe the apron is subject to getting a patent (and I would recommend hiring a patent attorney to help answer this question), then you may want to file a patent application. Different patent attorneys/agents charge different fees, but we generally tell people that patent applications will cost between $5000 and $8000, depending on the complexity of the technology, to give you an idea. Without knowing anything about your apron, it does not strike me as overly complicated, and you would most likely be on the low end of that estimate range (if not a bit lower). One other option is to file a provisional patent application. The requirements are not as rigorous for filing the application (for example, you do not need formal drawings or claims), but you still need to satisfy the description requirements to claim priority to your provisional application. A provisional application only pends for a year, and you would need to file a regular non-provisional application within that year to get the application examined at the patent office. So, a provisional application merely acts as a "placeholder" for priority in the US patent office and gives you a rudimentary form of protection - you can go out and talk to manufacturers/investors or possible buyers of the ideas without fear that someone may steal your invention (because you will have filed it already). However, as noted, a provisional application is not examined and will not turn into a patent unless it is converted to a non-provisional patent application. Provisional applications can be less expensive, because you do not need formal drawings and claims, but like I said, be cautious because you still need a sufficient written description of the invention. If you have a name for your apron, you may want to register that trademark in the U.S. Trademark Office. Trademarking a name gives you a bundle of rights relating to that mark - i.e., you can more easily exclude others from using that mark or confusingly similar marks for the goods/services attached to the mark. You ought to speak to an attorney about that as well - as they can help with, perhaps, running a search to see whether your trademark is already being used, and whether you may have issues registering your trademark, or helping you to file a tm application. Please let me know if you have further questions. Good luck! -Steve Scherrer Registered Patent and Trademark Attorney sscherrer@patents-tms.com Find Slip and Fall Accident Lawyers |