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-   -   Patenting a Firearm Invention (http://www.calguns.net/calgunforum/showthread.php?t=683398)

Deltayo 01-19-2013 11:10 PM

Patenting a Firearm Invention
 
Does anyone in these forums have experience in patenting a utility patent? provisional or non-provisional?

MontClaire 01-19-2013 11:28 PM

Contact our attorneys, Bill or Gene.;)

zomie 01-19-2013 11:37 PM

Subscribing

Yerman 01-20-2013 1:01 AM

The only way to do it properly is to contact a patent attorney. Lots of moving parts and lots of work to do before you start filling out a single piece of paper. Expect a hefty price tag. PM me if you want a referral.

bigcalidave 01-20-2013 8:45 AM

Bill and gene aren't lawyers, lol.

A patent is a patent. You don't need firearms specific lawyers, or information. You need a patent lawyer, and that's all. It's also expensive, and your product will be copied in china quickly unless its something prohibited from import. You need to weigh the cost and actual protection of a patent vs the time and money you could make by just selling your product now.

kcjr1125 01-20-2013 8:48 AM

so what's the idea? ;)

Deltayo 01-20-2013 7:03 PM

Thanks for replies guys. I want to file a patent the cheapest way possible, but that doesn't seem like an option. Protection is greatly sought for, because I have a feeling this invention will easily be copy by big production companies. I am also in fear that those said companies would patent my idea, and restrict me from manufacturing and marketing my own invention!

bigcalidave 01-20-2013 7:38 PM

If they want to do that, they will do it anyways. Look at it this way, you want a cheap patent, so how can you defend your patent? Do you believe that having a patent makes you immune from someone else copying your idea? If you get your patent, and start making the product, and they want to copy it, they will! Then, when you see that someone else is making your product, you will what? Hire a lawyer to sue them? Hope you saved enough on that patent application to pay for that lawyer, he's gonna be 10 times as much! Also, your cheap patent lawyer better have crossed every T and dotted every i or the court will probably find for no infringement.

These are the worst case scenarios, but if someone wants to screw you, they will. Unless you have the money to defend a patent, it means nothing.

Deltayo 01-20-2013 9:08 PM

You make very good points Dave. I guess I will ignore the patent process.

johnthomas 01-20-2013 9:35 PM

Quote:

Originally Posted by Deltayo (Post 10269964)
You make very good points Dave. I guess I will ignore the patent process.

Check this out.

http://www.legalzoom.com/sem/patent....FcaDQgodywMAaw

zomie 01-20-2013 10:00 PM

Be careful about giving up on this...

bigcalidave 01-20-2013 10:07 PM

Don't just take my word for it, please do your research. A few searches about the broken patent system should give you plenty to deal with. Most new legislation is based on preventing the patent trolls currently wreaking havoc in the technology world.

bigcalidave 01-20-2013 10:08 PM

Quote:

Originally Posted by zomie (Post 10270377)
Be careful about giving up on this...

Why? Do you have any insight or valid reasons to attempt a patent on a small single idea these days?

zomie 01-20-2013 10:40 PM

Well my experience has been with larger companies which troll with my ideas and hold on to them to make millions. I agree that it isn't for an individual anymore inventor now. I do feel the research at this stage is worth the first time. I have been through the patent process about 6 times now. Some protection is better than none. You would have a much easier time with a license on your idea with it on the patent books or in process. The bigger question is how much control do you want over this idea?

Dave what is your personal experience with patents?

johnthomas 01-20-2013 11:43 PM

About 30 years ago I had an Idea. I wear coveralls and work on heavy equipment. Knee pads killed me behind the knees. I took a new pair of coveralls and had my wife sew pockets on the knees with flaps secured with velcro. I put dense soft padding in the pockets. I filled out the form for one of those patent companies and sent it and my idea to them. A few weeks later I got a letter from their attorney. In it, he said the idea is to obvious and they wouldn't represent me. A few years later, carhart came out with something pretty close to my idea. I recommend legalzoom.com

Gunsmith Dan 01-21-2013 1:03 AM

If you have a product patent in the U.S. doesn't matter if copies made in China get imported here.

Unless the copies have some major changes they would be considered conterfeit products which U.S. Customs and FTC Agents can sieze it if you file a complaint.

Whatever you do DON'T use those guys that advertise on TV and the Internet about using their company to patent your product .... they are ALL rip offs. They make you sign agreements with alot of fine print and rush you along and say "Don't worry about that you don't need to read it, just sign here". They are the used car salemen for patent filing and by the time you fiqure out what happened you will be lucky if you don't end up owing them money every time your product is sold.

Find a local patent attorney and in most cases they will advise you on the costs involved before you get in to deep. You must make sure you find one that specializes in the field your product is in to get the best advice.

TURBOELKY 01-21-2013 1:45 AM

Follow your dreams brother, no matter what!

bigcalidave 01-21-2013 9:55 AM

I've been involved in businesses wasting money on patents a few times. It's a game for big companies now, as the ability to defend your patent is directly tied to your funding. I've also been in small manufacturing for a long time. You make your money while you can and you move on.

If its something that you really believe will be making money for you for a long time, file your provisional application and start selling them. If it doesn't work out, at least you aren't out the patent money. If its making good sales, use your profits to pay for the patent process. I've watched too many people spend a lot of their starting capital getting a patent, waiting for the patent to start making sales, trying to license the patent etc, and living a poor quality of life because they spent first, instead of making sales.


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