Should you patent your product or idea?

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  • Опубликовано: 21 июл 2024
  • What are the pros and cons of a patent? What kind of patents are there? What is the cost of a patent? What kind of protection do I receive when I get a patent?
    We cover all of these topics in our discussion with patent attorney Mike Schaldenbrand of Remarck Law Group.
    You may be surprised at some of the answers.

Комментарии • 92

  • @ianbertenshaw4350
    @ianbertenshaw4350 9 лет назад +2

    Hi Don,
    You have obviously been through this process many times before and learned from it!
    Another well presented and highly educational video that i'm sure will help many inventors and maybe keep them from stepping into a legal minefield !
    I'm looking forward to your next video !

  • @AllAccessInsightChannel
    @AllAccessInsightChannel 8 лет назад

    Really enjoy the video and looking forward to many more. Thanks a lot

  • @pfrieden1
    @pfrieden1 9 лет назад +2

    Thank you very much for this video - I'm working on a project that this applies to directly. Thanks again!

  • @mvpmachine
    @mvpmachine 9 лет назад +4

    Hi Don and Jim, great video! Patent law is a very gray area for most entrepreneurs. Mike really knows his stuff and this video was very informative.

  • @mr.freeman6436
    @mr.freeman6436 4 года назад +2

    Thanks for the information, I started a utility patent before knowing I could file for a 1 year provisional patent
    much cheaper.

  • @Sam3LS
    @Sam3LS 9 лет назад +1

    Thanks for the educational videos. This was excellent.

  • @ht-infofacts2050
    @ht-infofacts2050 6 лет назад

    Great topic and clear information !
    Thanks.

  • @carver3419
    @carver3419 8 лет назад +5

    A friend's father was a machinist who patented, manufactured, and sold hat making devices. He had a relatively small shop in NYC. Decades ago, a larger, competing company started making copies of his machines. He sued, and won a judgement the required the infringer to compensate for damages, including punitive damages. He also got the complete inventory of their copies and spare parts. So many in fact that he didn't have to make any more in his shop. This was either in the 1930s or 1940s.

    • @SuburbanToolInc
      @SuburbanToolInc  8 лет назад +1

      +carver3419 There is a case where the system worked.

    • @quinka2
      @quinka2 6 лет назад +1

      he had the money to sue!!!

    • @aarongdukey
      @aarongdukey 5 лет назад

      Frank Hoffman if a lawyer sees that your idea was obviously stolen, they’re probably gonna see the big ending and offer to run the case for later compensation rather than charge up front.

  • @terapode
    @terapode 8 лет назад +2

    That´s one GREAT VIDEO. I can tell it first hand because I have a patent also and things started to work for me only after I hired a good patent atoorney. Thumbs up for this video.

    • @brazilmcgee7356
      @brazilmcgee7356 7 лет назад

      what company did you go through?

    • @terapode
      @terapode 7 лет назад +1

      brazil mcgee Take a look at www.outex.com ... Cheers.

  • @bigbattenberg
    @bigbattenberg 7 лет назад

    Thanks for this informative video. I have a customer who wants a patent. Since I am in high tech, fast moving markets (semicon) where it's all about being "too fast to follow" I did recommend not getting the patent, but concentrate on product excellence. A fully marketable product in a small market niche will put competitors off most of the times. In this case, competitors may even buy the product since it will have special safety approval from a governing body, which in effect is another layer of protection. The company I am talking about is really small, so exactly the observation made a few times in these comments holds true: you need to have deep pockets to protect a patent. Ofcourse, a consumer/ mass product is something different, in the end it's all about context.

  • @giuliobuccini208
    @giuliobuccini208 9 лет назад +1

    Very interesting video. Thanks!

  • @coffeefish
    @coffeefish 9 лет назад +1

    Excellent excellent video. Five stars!

  • @roberthammond8741
    @roberthammond8741 6 лет назад

    I can't thank you gentlemen enough for the valuable information you shared... Bless you all!! I have an idea that can change our country from its current state 2018. Even on a current political issue. But how can I protect my idea from an attorney??

  • @MrDonpizzel
    @MrDonpizzel 6 лет назад

    Great video very informative a lot of great information, the comments also contain many great Pearl's of wisdom as well as atrocious spelling and grammar.
    Anyway, I'm also from the metro detroit area and I have a wonderful idea for a product that isn't in the market as of yet. I toy with the idea of obtaining a patent and hiring an attorney however all these comments about having patents and getting ideas stolen are concerning to say the least! The last thing I want is to pay for protection and not have any. So here are my questions and concerns.
    My product basically changes the appearance of an existing product while maintaining the same function of the original. The new look of my product idea makes for an original look and feel that gives it a novelty appeal to fit within a neich group. So question 1. What type of patent do I need?
    2. what is to stop a major company or another country from taking my idea? I have spoken with manufacturers in China and I know they can produce my product for me but will a patent or patent pending at least protect me from them selling in the united states where the patent is biased?

  • @fuzzpool
    @fuzzpool 6 лет назад +6

    That was great just heading into writing my own full patent, I hope by the time the big bills start surfacing I will already be selling! Life's a chance so play the game!

  • @2008rschro
    @2008rschro 7 лет назад

    One of the most important things is to find a smart, honest and fair patent lawyer. Maybe Mike Schaldenbrand from Remarck Law Group is one.
    One thing I didn't understand is how specifically an idea would need a utility patent as apposed to a design patent or maybe both are needed. And how to go about getting an idea manufactured after it's been patented...and then marketing it.
    What protection would a provisional application give a idea if it technically hasn't been officially patented yet.

  • @MyShopNotes
    @MyShopNotes 9 лет назад +1

    Looking forward to this series Don. I have a patent, luckily my company paid for it all. Patents are not easy, and can cost, but in the end it can really protect you.

    • @jstatic101
      @jstatic101 8 лет назад

      hello sir how you doing? I have a question please I have a product and it's provisional patent but should I go and do the utility patent or should I go and look for manufactures?

    • @MyShopNotes
      @MyShopNotes 8 лет назад

      +jstatic jmoney I am assuming your addressing me and I am sorry but I am not qualified to answer your question. I hope you have success with your invention.

  • @arrowstheorem1881
    @arrowstheorem1881 4 года назад

    Hi, there seems to be a lack of or no video teaching about the patenting of a Process. Specifically, I am interested in processes excluding programming. I am not sure what are all the processes that are considered as patentable Pocesses

  • @MrShobar
    @MrShobar 9 лет назад +1

    Provisional patent applications have the added advantage that they allow you to use the term "patent pending" during the 12 month period.

  • @johncantlon3976
    @johncantlon3976 7 лет назад +1

    Great video thanks. Ive had this idea for years and it has much to do with my career and employer . does my employer have a right to my idea??

  • @Golgafrinchamdent
    @Golgafrinchamdent 4 года назад

    Great video... thankyou for posting!
    What if you invent a mechanical device which performs a unique operation, but it incorporates other discrete devices. For example, if your invention uses a motor & gearbox from a DeWalt drill?
    What if the motor could be mounted in different ways to accomplish the same unique operation? Or the motor could be replaced with hydraulics and still operate the same way?
    What I'm asking is... can you protect the 'Unique Operation' of your invention... rather than the nuts and bolts of how it operates?
    Thanks!

  • @karentheodore4055
    @karentheodore4055 5 лет назад +1

    Very informative.

  • @jamesdavalos2113
    @jamesdavalos2113 7 лет назад

    what to do when your provisional patent is over after one year and final patent is not finalized

  • @DaveWard-xc7vd
    @DaveWard-xc7vd 5 лет назад

    How about a kick-starter followed up with open-source release of your idea later.

  • @MrShobar
    @MrShobar 9 лет назад +2

    The U.S. Patent and Trademark Office is rooted directly in the U.S. Constitution (Art. 1 section 8, clause 8).

  • @ldr4278
    @ldr4278 4 года назад

    Excellent ! Thank you !

  • @RyanWeishalla
    @RyanWeishalla 9 лет назад

    From the other side, how does one protect themselves from accidentally using somebody else's patent in a product?

  • @lumiesoucek3478
    @lumiesoucek3478 7 лет назад +3

    It's easy to say call a an attorney. We all know that, no lawyer would take the job without money up front. First and foremost, can you really trust any lawyer?

  • @WordupknowJesus7
    @WordupknowJesus7 5 лет назад +1

    I have some very good product ideas and no money for an attorney or even PPAs. What can I do ? I think I need a partner to finance these product ideas getting to market. How can I find such a great guy who I can trust to work with me ?

  • @kaye2696
    @kaye2696 8 лет назад

    Thanks much I will

  • @JEHERETIC
    @JEHERETIC 4 года назад +5

    Why is this so damned complicated!? This is ridiculous, shouldn't be this complicated

  • @WoodenCreationz
    @WoodenCreationz 7 лет назад

    Great video Gentlemen! Brian

  • @taotaobaby1748
    @taotaobaby1748 7 лет назад

    yes...about the disclosure..... what to do, before i even talk to an attorney? i cant trust people. not anyone. so , shouldn't i do something prior to speaking with a lawyer?

  • @anatutaka388
    @anatutaka388 6 лет назад

    thank you

  • @InventionTherapy
    @InventionTherapy 7 лет назад +1

    What are the advantages to a patent over just going straight to building and marketing your product?

    • @gonzooznog8986
      @gonzooznog8986 6 лет назад

      Invention Therapy :One of the Greatest Advantages Is You Are First To Market! $$ is King

  • @Landrew0
    @Landrew0 8 лет назад +1

    If an idea is a really excellent one, there's almost no way to protect it from being infringed. The Wright brothers couldn't stop Curtis from stealing their patents, and Armstrong couldn't stop RCA from stealing his patents over and over again. He ended up jumping out a window eventually.

    • @charlenesnaturalblessings8712
      @charlenesnaturalblessings8712 6 лет назад

      This is so sad to hear. That people can work so hard to make their products and then someone comes along and just steals it and makes it look like it was them that did all that hard work.

  • @inganorvaisiene5310
    @inganorvaisiene5310 4 года назад

    I am Lithuanian 🙂 Thank you for the video!

  • @MsDusty7771
    @MsDusty7771 7 лет назад

    l was told to get a pat on what l am doing.. this is simple and easy but l was told someone can still my idea..

  • @yesterdayskitchen4today595
    @yesterdayskitchen4today595 8 лет назад

    Great!

  • @MrShobar
    @MrShobar 9 лет назад +2

    Thomas Jefferson was the nation's first patent examiner. He kept all of the granted patents in shoeboxes under his bed. Abraham Lincoln was the only U.S. President to be granted a patent.

  • @arrowstheorem1881
    @arrowstheorem1881 7 лет назад

    I have a question : lets say i have a invention called a paper clip and this is a simple product. Anyone can make it using information from my patent disclosure info or just after they have seen it. Should this be patented since anyone can make it for personal consumption?

    • @chriswalford4161
      @chriswalford4161 7 лет назад

      Cosmo John; no; fails the first. it's not worth patenting it if not marketable ~ that means it can be monetised.

  • @yashwantagarwal6856
    @yashwantagarwal6856 7 лет назад +1

    how to protect idea disclosure when you share it with patent attorny

    • @dewaynestafford5507
      @dewaynestafford5507 7 лет назад +1

      You have attorney client privilege, but the IP MAFIA has many attorneys in their pockets.

  • @seekknowledge2010
    @seekknowledge2010 5 лет назад

    I have a product idea and like to bring to market but do not want someone else to copy my idea. Where do I start?

  • @Djindig0
    @Djindig0 6 лет назад

    so me as an individual with a great idea for lets say ''Microsoft'' isnt worth anything...... what a bummer

  • @bossjpg3424
    @bossjpg3424 6 лет назад

    what does anyone think about Rabbit Product Design ?? Im worried that my idea will be stolen. I know I can have them sign an NDA (Which the company already has done) but how much will this protect my product?

    • @bws205
      @bws205 5 лет назад

      you have no potential protection until you file a patent application

  • @canmingir
    @canmingir 5 лет назад +2

    I see rise of defensive publication recently, at least, in open-source communities. I think it is a great alternative and lot cheaper.

    • @Ishiku__aka_xchoibitschibihil
      @Ishiku__aka_xchoibitschibihil 4 года назад

      I agree! why fight and bluff , when you can show your cards and say here is what I did and how, if you don't like it lets see you try better. Open sourced also saves extra time and money where a company and their product goes under and a new company picks up the touch exactly where the former left off, in-comparison to possibly profitable patented ideas/ products often get left to the dust bin of history.
      reason #3 its more expedient and cheaper to develop and edit new,or existing ideas and technology's by using open source as building blocks towards the end goal and polish the final product. (sic)

  • @dmacsopinion
    @dmacsopinion 5 лет назад

    I wanted to know how to just sale my idea. Just settle with a price and let the company’s do everything else. Because, I have a Great idea and don’t really have the money for a lawyer.

    • @brookesimmons4664
      @brookesimmons4664 4 года назад

      I was hoping to see if you would get a response if you do let me know! It's hard for us to get help

  • @MrJackanapes57
    @MrJackanapes57 8 лет назад

    If you're a big company, you're more likely to get better service from a patent attorney than you will if you're a little guy. Not to say the little guy gets a discount on legal fees. And if you're a big company you'll probably have a better chance of defending your patent against infringers. It's an old axiom of business that big fish eat small fish. This is proven time and again when it comes to patent protection.

  • @subhajit201
    @subhajit201 8 лет назад +2

    How do I know that the patent attorney does not undercut me. ? He steals my idea and sells it to someone else.
    I've a really good simple idea and I'm really afraid of this and also of delaying until I make a prototype.

    • @SuburbanToolInc
      @SuburbanToolInc  8 лет назад

      +Subhajit Chatterjee Find someone you trust or get a recomendation from someone you trust.

    • @carver3419
      @carver3419 8 лет назад +3

      +Subhajit Chatterjee before you contact anyone, copy your documents and have them notarized and entered with your local recorder of documents. Then mail the copies to yourself and leave the envelope unopened. The postmark will them verify the date of your documents.
      Gordon Gould, who conceived of the laser, had his lab notes notarized by the recorder of documents in the Bronx. With that, years later, he was granted a patent on the laser, and received royalties of millions of dollars.

    • @louisdifrancesco1474
      @louisdifrancesco1474 8 лет назад

      +carver3419 This shows your effort, BUT litigation is required for enforcement.

    • @louisdifrancesco1474
      @louisdifrancesco1474 8 лет назад +1

      +SuburbanTool Inc This is NOT possible. "MONEY IS THE ROOT OF ALL EVILS". People are never fully known until they have the power to injury you.
      Plan accordingly.
      The adventure of LIFE will then begin with both the possibility of GOOD and EVIL. And when possible, make lemonade out of the lemons.

    • @RobertDaveMyrland
      @RobertDaveMyrland 6 лет назад

      Then this is the solution for you. I have a IPCB so I know what it is and it is an very powerfull fully legal tool that allows you to own your idea. ruclips.net/video/9yHYbu-2c3Q/видео.html
      And it is affordable and its a one time fee only as it is with all copyright.
      Note that it is only USD System that can give u a IPCB. (Universal Strategy Development) system (www.sosinvention.com)

  • @berniebolder8939
    @berniebolder8939 2 года назад

    Get a patent filed, at least it puts your name to the idea and warns others.

  • @ronbonick4265
    @ronbonick4265 6 лет назад +4

    Dang government every time . The dang beast I cant wait until God get stuff straightened out

    • @aarongdukey
      @aarongdukey 5 лет назад

      Me neither man. Me neither. 🙏🏾

  • @kaye2696
    @kaye2696 8 лет назад

    Hi Surbuban, how can I call u? I need help with patent an idea.

    • @SuburbanToolInc
      @SuburbanToolInc  8 лет назад

      You can call Suburban and ask for Tim Allen 248-391-7800

  • @pthomps1954
    @pthomps1954 6 лет назад

    Sharp guy

  • @MrShobar
    @MrShobar 9 лет назад

    Most patents are only minor advances in the state of the art. Few inventions are truly breakthrough inventions.

  • @bws205
    @bws205 5 лет назад +1

    Ahh the stupid idea of every broke DIY "inventor", thinking you can get paid for an "idea" by submitting it to a company...the same guys that pay huge sums getting ripped off by invention submission companies instead of sitting down with a patent attorney. if your idea is patentable then work with a patent attorney, if not then try to sell the idea and cross your fingers and give it a try. and the truth is that if you don't have the money for a patent then you don't have the money to start a company, manufacture, market or do anything with your idea....if your idea has merit you can convince someone you give you some money....having no money is almost 100% indicator that the "idea" has no merit. And if you think patent attorneys are expensive then go get some serious surgery/medical or dental work done without any insurance, see how much you pay per hour.

  • @Gregp8406
    @Gregp8406 8 лет назад +1

    PatentDirection.com is a great resource for inventors who want to learn about patents.

    • @roberthammond8741
      @roberthammond8741 6 лет назад

      why the fuck would you post some shit like that? these guys are doing an amazing job and service right here! post some other website..? how low can you get? : ( dirt bag...

  • @Luovamaailma
    @Luovamaailma 6 лет назад

    There is a case of a Finnish inventor, just at this moment becoming very famous. Nokia wanted to license his patent, and kept negotiating with him for two years. The inventor was selling his product very well. Suddenly he lost all his buyers and he didn't know back then why. All the buyers, previously very enthusiastic avoided phone calls, emails, faxes etc. The same buyers were also buying goods from Nokia. Years after Google revealed that Nokia had copied his patent: ruclips.net/video/lb90qT4qUOs/видео.html

  • @mostafasaadinasab6338
    @mostafasaadinasab6338 4 года назад

    #####