startup-costs, patentI have an idea that is able to be patented but I am wondering if I should go through the time and money it takes to actually get it patented. I don’t have an excess amount of money to do this either so if I deem it absolutely necessary then I would get one but I am not sure whether it is necessary or not
While ideas cannot be patented, an implementation of an idea can be patented. What you want to do is patent something that implements your idea, whether it’s a physical device or something more abstract such as a computer program.
If you think you’ve got an idea that’s unique but don’t want to wait until you’ve built an implementation, you can file a Provisional Patent Application in which you describe how it would be implemented, and what your claims would be in a full patent application. Your costs don’t need to be any more than the filing fee (which was $130 when I filed one last October), but you only have one year to file a regular patent application to take advantage of the filing date of the provisional application. During that year, build - or at least figure out how to build - your device, and determine its marketability so you can decide whether it’s worth the cost of pursuing the full patent.
If you’re going to file a provisional patent application, make sure you understand its requirements and limitations - in particular, note that any claims that will be made in the full application must be part of the provisional one. If you’re not sure, seeking the advice of a patent attorney would be a really good idea. An initial consultation to get their opinion should not be terribly expensive.
I have an idea that is able to be patented
Citation needed - checking for lack thereof is what a patent attorney is for among other things.
The truth is, you probably don’t. Plus as already highlighted by FKEinternet ideas can’t be patented - only implementations can, and in some cases concepts if you can provide more than one implementation in the application.
No really… There almost certainly are inventors (and trolls) out there who have already patented parts or all of the concepts underlying your idea. Your odds of having an idea that is genuinely novel and isn’t covered by another patent on some vaguely related topic are slim at best.
I am wondering if I should go through the time and money it takes to actually get it patented
If you have $5k+ around that you can waste as play money, then a patent might be an option. $10-25k for a patent certainly isn’t unheard of in the US. Patents attorneys there routinely charge $500/hour. It’s somewhat cheaper in Europe but barely so. And just about nobody cares about patents filed elsewhere.
I don’t have an excess amount of money
Then a patent probably shouldn’t be an option until you’ve a proven market. Which brings us to…
if I deem it absolutely necessary then I would get one
Why in the world would you patent an idea that does not have a proven market?
I am not sure whether it is necessary or not
Three words: it’s not.
Ok, look… Would-be investors (especially the ones that appear on TV) would have you believe that you really really want a patent before chasing their money. But that’s BS. What they’re actually telling you is that if you want their $$$ to test your market then you should take the risk of protecting your would-be IP before they’re comfortable giving you a dime. And let’s be honest, they’re right, because anything short is taking a huge risk.
The reality is closer to this: they will drool and hump and beg to invest in your business if you only need them to go faster. Put another way, if you show up with a proven market, patent or not, they will fund you - with a much better term sheet at that - because there’s very little risk.
Ergo, save the $XYZ you’d have wasted on a patent, and use it instead to go chase customers.
It is not necessary to get a patent. Use an open source license such as the TAPR[1] that protects you where protection is needed.
A patent is only valuable if: a. You have hundreds of thousands of dollars invested in a patentable process. b. You are willing to work with a pool of patent holding companies that work within the broken patent system. c. You can expect to collect royalties to cover the costs of developing the concept/device.
Many “open source hardware”[2] licenses do not explicitly address patents and will not protect as expected. Be careful to choose an appropriate open source hardware license for your situation.
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