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I have a good idea for an invention, can you get an idea pattented. military family, low income, cheapest solution?

patent question

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Attorney answers (3)

Reputation Level 20
LInked below is a "do it yourself" guide written for non-lawyers. But patent application is a lengthy and usually quite complex process, and it would go far easier if you spent some time with a qualified patent lawyer who does this day in and day out.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
1 person marked this answer as good
Adam L.K. Philipp
Adam L.K. Philipp, licensed in California and 2 other states

Reputation Level 8
If writing your own application is a little too daunting, a provisional patent application may be a good tool to lock in your early filing date and then test the market. I wrote a handy legal guide of provisional patent applications that you may find of some use.

Also, some firm will take a hybrid approach and coach you through writing your provisional patent application. This way you are able to save on costs, but still get the oversight of a patent attorney. I have done this with dozens of my clients and they appreciate the course corrections that allow them to get a good patent application on file, but not have to pay for all the attorney time during the drafting. In general they save about 60% over the cost of an attorney-draft provisional patent application.

Good luck with your idea!

Reputation Level 11
Start with the U.S. Patent and Trademark Office website: www.uspto.gov. There are frequently asked questions and basic information there, which may give you some answers.

The quickest "cheapest solution" is to keep the invention to yourself until you can finance a patent application, but you run the risk of someone else coming up with the idea and filing an application ahead of you.

Perhaps under your circumstances, a "provisional" application is something to consider. (http://www.uspto.gov/patents/basics/index.html) There are advantages and disadvantages to this approach, which a patent attorney will need to explain to you.

Unfortunately, with a patent, you usually pay for what you get. So, if you only want to pay a $1,000.00 for a patent, you'll probably have a patent that isn't worth that much. Depending on the complexity and nature of the invention, it can take thousands of dollars and 2-4 years before a patent issues.

There are some patent attorneys who may be willing to listen to your idea over the phone at no charge and give you a feel for whether you have something worth exploring further. Good luck.

Per the Avvo Terms of Use, this does not constitute legal advice nor establish an attorney-client relationship. Consult an attorney for legal advice.

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