I worked as a USPTO Patent Examiner for 4 years. For the past 20 years I have been working with Patent Law Firms drafting the Patent applications for the clients. I would agree that one can draft and file a Provisional Patent application to mainly reserve the filing date. However, as it comes to the Utility Non-Provisional Patent application, an experienced Patent practitioner is needed 100%. The Utility Non-Provisional Patent application requires claims that determine the scope or the coverage (i.e., protection) of the future Patent. Drafting claims takes years to master. Claims need to adhere to the Patent laws and be adequately supported by the specification and the diagrams. All of the claim drafts produced by less experienced attorneys are reviewed by senior attorneys and partners and a lot of corrections are often made. In over 20 years, I have not seen a good set of claims written by an inventor. Now some are trying to use AI for their claims - still does not work at all. If it were so easy, thousands of Patent law firms would not exist. Keep in mind that the author of the video had a very simple basic invention.
I have already completed my provisional patent for my invention. I am now in the process of completing my non-provisional patent for my utility patent (it is a bath product)... it is VERY tedious and stressful trying to sort out all the details and everything else that the USPTO requires...BUT I am going to try to keep focused and do it ALL on my own. Patent attorneys are just plain too expensive! The USPTO has help services (on the phone or through email) that are useful. I feel I can do this all on my own.... and so can others!
Hey Chris, I agree that you can definitely do it on your own. The only reason I used an attorney on my non-provisional is because specifically the claims and the way they are worded and structured has a lot of importance in the event of patent enforcement. If I were you, I'd maybe just talk to a patent lawyer or spend a few hundred bucks to make sure your claims are done correctly. But I love your attitude and drive, best of luck!
5:07 "In order to get a patent you have to think up something completely new that no one has created before." I have been told you can actually take an existing product, improve it somehow, and still get a patent.
I've been searching for similar videos all day, and this is by far the most helpful one. No fluff, just the good stuff. Thanks so much for making such a kick-ass video man. Can't wait for your next one! :-)
Thank you for this video! It has helped me out a lot to file a patent application. I went pro se and non-provisional first and got patented, but everything you mentioned in this video had been taken into consideration and spewed back to me, mostly through tears on my end...but worth it in the end!!!
Nice work. Really one of the most informative videos out there. If I can add to your comments. You can get a patent if someone else has a similar product. Your idea/product must have a significant difference or use from the existing patent. Also if someone had a patent and let it expire or has not paid their extension fees causing the patent to expire, you can submit against that patent. Just saying so people are not put off from trying. if you don't try, you can't make the product successful. Don't give up.
Wtf mean submit against ? You mean submit again ? If a patent is expired you can't file it again. It is public domain. Dude that is the basic of patenting...
@@selinane2Seli-zw3pz you dont know how patients work. If you submit for one and the idea is already patented you won't be issued a patent. Even if the patent is expired. You have to change yours or prove yours is different and better in some way. An LED light bulb is a perfect example. If you submitted for patent against the same monofilament without any change or real benefit, you wont be issued a patent. If you submit for patent against the same monofilament but replaced with a light emitting diode (led), you will be issued a patent for an LED light bulb. Educate yourself before you get deep into patents. Could cost lots of money and wasted time.
Excellent instructional and very helpful to newbies! I've written and filed several provisional patents, and followed one of them up with a non-provisional patent, doing all of it myself (lots of research, reading books on patenting, and it helps that I work with AutoCAD in my job in civil engineering). I'd typically avoid paying a lawyer if at all possible. If you have an OCD-type sense for nitpicking details you can beat a lawyer at his game LOL. Anyway, some lawyers might cut their fees if you have done most of the legwork yourself, have clean drawings and precise descriptions etc. The only thing that would have been more helpful to this video is to tell people if you're actually making any money. Having put out 30 grand just for the patent, you'll also need to put out cash for marketing etc. After all's set and done, what kind of money are you making on this invention roughly, or are you still upside down. Why spend all this time and money on something that, at the end, will only make you nickels and dimes? Hard to imagine that you can sell your product by the millions and make real dough???
I'm pretty sure it's "after all is *said* and done". Sorry, I have an OCD-type sense for nitpicking details. No but what I really wanted to say is: this is a great perspective and good advice. Thanks.
@@davidsteinhour5562 Good catch. Reason I tend to use incorrect wording for colloquialisms is I'm originally from Germany so I didn't grow up with English, but had to learn it while residing in the US, haha. Try saying Fischer's Fritze fischte frische Fische.
@@davidsteinhour5562 btw, it's likely that your last name was Steinhauer at some point before it was americanized. Having German ancestry it's no surprise you have a knack for nitpicking. Steinhauer in German means Stonemason/Stonebeater. My great grandmother's maiden name was Eisenhauer (Ironsmith/Ironbeater). The Eisenhowers in this country at one time had the last name Eisenhauer.
I had investigated all this for over a year - great straight to the point video - and yes, accurate 👍 In my own case, in this 'dog eat dog' world - copyright infringement, attorneys fees, etc - and 'make me' - I just decided to self produce, market, and sell on my own. If someone copies my product I cant stop them, but most likely couldnt anyway, lol
Yes, I've been advised that a patent is only a tool to use in court after some one copies your idea. If they are manufacturing overseas, it can be expensive and difficult to prosecute. He said the best way is just to make it and market it faster and cheaper than any copycat can. Sorry it sounds a bit negative but that was the advise.
Yeah, thats a good approach. In some cases like selling on Amazon, you can stop other sellers from selling items infringing on your IP on the USA marketplace, which is the biggest marketplace. So thats good, but you're on the right track.
Holy c***, this is the most beneficial thing in the world! I looked through USPTO to learn how to file a patent and it did not go well. Everything is thrown at you, so many things, and so many things to read! This video helped tremendiously! I will start my process on patent my idea!
Thanks a lot brother...i watched this video first and i am sure i need not go to any other now ... it's a complete package ... You cleared it all ..glad i came here first
This will be the last time someone will tell me I can't possibly draft, file, successfully respond to office actions, and get awarded a utility patent myself before I prove them wrong.
Bro, thank you so much! This video was to the point, concise, understandable and accurate, all of which are extremely important when you're trying to patent a product. THANK YOU!!!
Hey man, I sold it over 450 times in January so far. Just wanted to come back and say thank you again for this video. Probably changed my life. Cheers man!@@iamMartinDimitrov
I almost went for this only a few things stopped me; - I'm here in Europe. If you mail details of your application less any legal cover, anyone can copy you, including the recipient of your mail - if you mail your idea it will be null and void as patent and provisional applications must be sent via special encrypted e-mail otherwise it is considered in the public domain the moment you hit the send button as the internet is not safe. It looks like you submit your stuff via patent wizard by regular e-mail in the US. As said, that way it is considered as having hit the public domain and can no longer be patented.
Awesome video brotha! Thanks for the insight into how to move past the provisional. Right now I'm working on my PPA but this was a great breakdown of future costs if I decide to go this route. Hopefully my license company will foot the bill if we decide to get the utility patent!
@@iamMartinDimitrov Thanks!! Have you tried the free patent program? I'm trying to decide if I should do the "free" one or pay for it. And did you come across the patent professor while looking for help with your patent? If so, what do you think of them?
@@iamMartinDimitrov Hi, it's me again, sorry for all the questions lol But would you happen to know a good manufacturing company that can make functional prototypes?
I have an idea I'd like to patent. At the beginning of the video you said you only had 200 bucks. How did you pay for all those fees if you only had 200 bucks? Thank you kindly.
I did a kickstarter, that helped a lot, I also won business pitch competitions. I also made another video on how to get a "free patent" its under $1,000 which is basically free when it comes to patents. www.youtube.com/watch?v=KM8Fe...
You mentioned if you knew better, you would have hired lawyer to file your provisional patent, why? How does a patent lawyer help with filing the provisional patent? What do they bring to the table?
You could miss something or be too general or too broad. Honestly you don't need one, but if you had them check it over once you've wrote it, that wouldn't hurt. For example, it would be good to know that basically your first claim is the most important part of the patent, so time should be spent there specifically making sure its good. More so for the details, but a lawyer is not needed, especially if you're trying to do it on a budget.
I appreciate the run-down on the cost of a patent. As a side note can you as an individual also perform a patent search before doing a provisional filing? My reason for this is to avoid a rejection and paying more fees.
You can do a search, just search the key words related to your product either on google patents or here: ppubs.uspto.gov/pubwebapp/static/pages/landing.html
Awesome video. I'm from Belize and was thinking to patent a few ideas so I have learnt a lot and this is a great step. Many questions answered in one video. Thanks bro!
If you don't know what you are doing, you might not get any protection. So you gotta know what you're doing or at least have a good guide and idea, like the patent wizard software. If not yourself, then a patent lawyer.
I would love to but I've never made a design patent, its much easier from my understanding and there isn't much use for it in my opinion unless you're protecting one specific design. Like a design patent can be worked around by changing a small angle in the design or even the color - (if i understand it correctly) so not really worth it. Utility is the way to go.
okay so me and my wife have an idea but no way do we have the 18k to spend. should we do the provisional patent and THEN try to pitch it to some investors?
Ok...thank you for the information. Kinda ridiculous on all the fees geesh...so my next question is.. how did you approach the manufacturer and did you pay the start up cost or how did that exactly work?
I did a kickstarter campaign that funded our first inventory. I was already talking to the manufacturer and got samples from him. After kickstarter we put the deposit down for our order and started production.
i found someone in china that can create a prototype for me. after i complete my provisional patent is it safe to reach out and have someone make my product?
If you're filing a us patent, it only protects you in the USA. No point in filing a patent in china really. To answer your question, still have a NDA in place and a non compete agreement. You can find basic templates on the internet or use a lawyer.
It's a great video, but I am totally new to the process. I find that most videos on the subject skip over something. First you said you only had $200 to work with, then you said you paid thousands. Where did your thousands come from? Another video I watched talked about Office Actions, which he said were rejections -- that you would always get a rejection, but he didn't explain why.
Hi. I am wondering if you can help advice me. I have a very unique idea for a household tool. Similar to your product that you use an item available and make your holder. Similarly you didn't design or come up with the spring clip but merely use its it for another tool or product. My ideal also use another similar item but on a household item. The lawyer said I didn't design the tool that function like that even thought it's on other use. I told him that there are no such household tool that I am patenting. Its the only one in the world of that tool that function like that. He also agreed on this point that he has never seen such household tool like that but because ita movement and its similar in design to other tool. I saw your video that you use the clipping method to apply on the gripping holder. So my question is must you be the designer of the clipping method to file your patent? I still felt the lawyer didn't focus on my point that the household tool I am working on is the only one in the world that function like that. Thank you amd sorry for the long message.
Hi Juz, there are two types of patents, design and utility. With a design patent, you can get them for just about anything slightly new that you can think of. The utility patent is for a new functionality for a new type of product that you are the first to create. You can build on other items as long as they are not protected by current IP.
Thanks for your video im almost ready to start the patent application process. My prototype is almost done. How did you test the market for your idea before you got your patent?
Hey Roger, you have to outline who your potential customers are and then talk to them and let them use your product. Then you observe their reaction and learn from there. You'll likely need them to sign an NDA if you haven't yet filed your patent. Hope that helps, let me know if you have any questions.
@@andretang6636 Non disclosure agreement. Use a 2-way NDA, that way both you and whoever you are talking to are both agreeing to keep your conversation private.
You file the provisional, and then you have your place saved in line and have 12 months to test the market before you need to submit your non provisional.
@@iamMartinDimitrov not sure if you have an email or something I just did my provisional patent print. And your video definitely helped me out. I just don’t know how to get to marketing.
Sir I have an idea to develop a mobile app . This is just an idea but very unique. Do I need to make the app to patent it or I can just patent the idea. As I am not a software professional i cannot make it. So if i disclose this idea with any professional to make it he can easily steal it. So can I patent my unique idea and then ask some company to develop it for me . Is this possible?
This is not my specialty. I think it's difficult to patent code, but I could be wrong. They only way I see it potentially happening is to be a new functionality online, that may be patentable. But you need to speak with a tech IP attorney. They should be able to give you better advice. Generally you can share your idea with some people with a signed NDA.
