Tips for filing patents?


#1

This is kind of off topic, but I’ve tried Google and I’m not sure what a money grab and what’s real. Any tips on how to file patents? (Easier/cheaper the better ha-ha). Does it matter as a Canadian where I file it?


#2

From what I’ve heard, the patent process is lengthy and expensive. Can you accomplish what you’d like by registering a copyright (which is quicker and more affordable) or do you need a patent?


#3

Part of that is from the research required. And that burden is on the applicant. I believe a person really needs to retain a patent firm to do it properly. I’ve PM’d @JeremyNielsen the contact info for one I’m familiar with and know to be beyond reproach.


#4

To be honest, this is all very very new to me so I didn’t even know there was a difference. Haha.


#5

No worries, it’s boring and confusing legalese … stuff that nobody wants to know unless they have to :wink:

With that said, I don’t know much but I have had to educate myself about copyright to some extent. This site does a far better job of explaining the differences than I can.

I have two friends who’ve filed patents and in both cases, it was hugely expensive and the process took years. Read through that site and see if it’s really what you need - if you can accomplish your goals via copyright registration, you may want to go that route.


#6

There’s also a difference based on where you are/file. US Patent law and various other countries have different patent laws and having a patent in one doesn’t necessarily protect you in others (although there are some international conventions). There’s also, in the US, a difference between patented things vs designs - eyeglasses for example are almost always covered by design patents (cheaper too by the way) while a VR headset would be covered by a standard patent for a tangible object even though you’d think an eyeglass is a tangible object :slight_smile:

Copyrights in the US have the advantage of a concept called statutory damages which do not require proof of anything except the copying took place (after the copyright has been registered). Those damages aren’t determined by losses of any kind on your part - they’re defined in statute to be punitive to copiers.


#7

Depends what we’re talking about here. An invention needs a patent. A work of art (broadest of uses) or written word or the like gets a copyright.


#8

Don’t forget about trademarking any names of your products and what have you if that is important, too.


#9

And servicemarking any names used in conjunction with services! :slight_smile:


#10

Oh my. My head already hurts. Haha. You’d think this would be less complicated. Haha!

Thanks so much guys! I will probably go the copyright route and will have to look into trade marking! Thanks so much. I knew you guys would know something!


#11

Wasn’t really aware of SM. Thanks!


#12

Government stuff? Less complicated? Maybe up north, but here in the US government is staggeringly complicated… about everything.


#13

I know that now, I’m going to Miami in March for a Boeing Course and the process is endless, I almost feel that I’m a bad person.


#14

I’ve had the joy of being part of a patent application twice. We worked with a patent lawyer, and the process is very long and tedious. The patents were at first rejected, and then we went through several revisions of the application until, we hope, they get accepted. The documents created by the patent lawyers are very heavy with “legalese” and are not easy to read/review.

One of them I started 3 years ago, and I think at this point it’s been approved, but not yet awarded. The other, I started 2 years ago and I’m still not sure if it will be approved or not.

If you can avoid patents, go with something else.

Also, we are a Canadian company and filed our patents in the states. But I’m not sure if that’s the proper/correct way of doing things. If you do want a patent, I would definitely try and get a patent law firm involved.


#15

While we are on the topic, any body have experience in patenting game play? Or is this something that copywrite would cover? I seems like patents only protect the one with the bigger lawyer:-(


#16

@dan our fearless leader has experience.


#17

I did 5 disclosures this year, and all of them were done by a patent search firm (via my employer) as it is super complicated (it’s pretty rare your piece is a completely novel invention, so you have to figure out what differentiates yours, and can you get a patent on those parts). It is fairly expensive to complete.


#18

Maybe helpful, maybe the wrong kind of game.


#19

Thanks, that was a good read!


#20

I have written two US patents, but know virtually nothing about Canadian patents. One can do the research on a US Patent oneself and save thousands of dollars in fees. One can file themselves and save almost a thousand over normal lawyer fees. Anyone need help, personal message me.