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25 June 2008

patents [More:]
So has anybody ever filed a US patent on something? Other than the obvious "get a patent lawyer" which I would do, how big of a pain is it and how expensive? *shrug*
I asked a question about this once

The short answer is that it's really expensive. Also, the patent means nothing if you don't have an entire legal team to enforce it.
posted by special-k 25 June | 17:29
Well this would be a plant patent so I would assume some difference in ease of defending it but I figure time and cost will be just as much for getting it to begin with as any other patent. I actually finally found a site that listed a ballpark figure of $2500-$3500 including what the patent costs and patent attorney fees, which frankly sounds a bit low so I'll have to search for more info. I am quite a ways off from being prepared anyway but if the plant propagates easily enough and consistently performs, it is certainly worth the time and cost.
IANAL and I've never applied for a patent for myself; but I do work in the patent field.

The pain involved for you shouldn't be too bad--mostly in shopping around for a lawyer. Once you give the information about your plant to your lawyer he/she should be doing the heavy lifting, leaving you to review their product and sign a few things along the way. Once the application is filed, my experience may take 18-24 before it is examined, and maybe another year to get it issued. The situation for plant patents, I suspect, is different. Which reminds me: when shopping, ask the lawyers about experience with plant patents. They are something of a niche in the patent world.

Yes, it's likely to be expensive. Probably more than half the cost comes up front in preparing the application and paying filing fees; much of the rest at the very end.

I disagree that you need a team of lawyers for a patent to be meaningful. Even if you never sue anyone or even threaten suing anyone, it can show potential investors that you are serious and that you do have legal rights to back up your work. In many industries, competitors respect one another's patents and cross-licensing is the norm, as opposed to litigation.
posted by Joe Invisible 25 June | 19:15
I've had a couple of patents and been through the process several times, and I want to say simply that it is astounding to see the work of a truly talented patent lawyer. A good lawyer is able to take your work, abstract it to the appropriate level and stitch up all the holes. It's amazing - and even though I've been through the process, I wouldn't trust myself to do it.
posted by plinth 25 June | 20:55
Yes, it's expensive and does take time. 2 to 3 years. And, a US patent does not extend to other countries. However, you can defend your patent if anyone markets the same thing in the US.

Plus, count on having to defend it if you start to market the product. I can almost guarantee you that someone will try and make a copy. (From our experience.)

Most importantly, shop around for a really good law firm who has a proven track record. Look at other patents they have done. They do the legal work, but take care in your review process to make sure they are covering everything that could be applicable to your idea.

So, basically, nthing everything said upthread.
posted by mightshould 26 June | 07:07
Who killed Laura Palmer? || I love this.

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