This is the details section. My question is final in the above form.
Contact several USPTO registered patent attorneys and consult with them. Then hire one to conduct a search to explore patentability and infringement (freedom to operate) issues. Then assuming the search is clear, have a patent application prepared and filed. Until that patent application is file make NO public disclosures of your invention, including to friends and family. Where you are at from an engineering and product development perspective may play into a decision to file a provisional over a non-provisional / PCT.
Once you have a filing date locked, begin to explore the commercial viability of the invention, which may mean fund raising if you plan to manufacture yourself and/or it may mean looking into license deals. Until your patent app is published, conduct all communications regarding the invention and patent app under NDAs. Anyone you hire to work on the engineering / product development should sign agreements to cooperate including assignments to you or whatever entity you direct. If commercial viability pans out, have a limited liability entity formed to handle the business and which might also own your various IP or you might want to use a separate holding entity for that purpose.
THe best way is to hire a registered patent attorney with experience writing patent applications so that you can ensure that all of the necessary parts are included and to ensure that it is in the proper form and that the claims are written broad enough to cover your invention. Doing it yourself is a mistake. Good luck. Since it is a patent application, you can use an attorney located anywhere to assist you. In addition, you should not disclose the invention without a Non-disclosure agreement in case the patent does not issue.
I would also add a Freedom to Operate opinion to ensure your product doesn't infringe other patents. I would also add a patentability search, analysis and opinion before drafting an examined patent application (U.S. non-provisional or PCT international patent application) to ensure that the claim scope is appropriate given the patent landscape.
I hope this helps.
This does not constitute legal advice or the engagement of my services as an attorney.
As my colleagues have said: search for, interview, and hire a registered patent attorney with experience prosecuting patent applications in the field related to your invention or inventions. Clearance search and use it to shape the scope of your application. Test the market and design, prototype and revise as needed. Form one or more businesses entities as needed. Raise funds, if you need them from angels or VCs, or get loans are bootstrap if those are options. When you're ready to start operating, have a patent attorney prepare a freedom to operate opinion.
Anything I post on Avvo, a public forum, is intended as general information based on the facts provided, and is not legal advice or a legal opinion. My posts do not create any attorney-client relationship, and any contact with you beyond these posts will start with disclosure of opposing parties to allow me to check for conflicts. You should not rely solely on these posts to take or not take any particular action. You should speak with a competent attorney before taking further action.
I highly recommend consulting with a patent attorney to discuss the interplay of starting a business, protecting intellectual property rights, and adding value to your business. I would be happy to meet with you.
Respectfully, I think you have it backwards! You need to develop a business plan FIRST, comprising at least a good understand your customers and the market, manufacturing plan/supply chain, licensing agreements, employment needs, funding and growth strategy and financial projections (cash flow and profit/loss). Then you would want to work with an attorney to help you incorporate your entity and properly establish any partnership/operating agreements. Because all of this takes time, money and thought, it is CRITICAL for you to know what your goal of seeking patent rights is and just how you plan to take it to market BEFORE you even start talking to a patent attorney.
Thanks for reading! Note, this is not legal advice, it is simply some of my thoughts regarding the question posed. There is no attorney-client relationship. I am not your attorney and you are not my client.
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