Tips for filing patents?

I’ve done way too many!

My best advice is not to file a patent unless you’re really interested in learning about something esoteric, complex, and new. It floats some people’s boat and not others.

Relying on lawyers for patents is expensive (~$10k) and usually results in a bad patent, as the lawyers will try to get you something which tends to mean not going after the parts of the invention that are really valuable (and therefore hard to patent), but instead patenting one particular aspect of the invention - which is easy to work around. Even if you use a lawyer, you have to be ready to read and understand every word of the patent.

Using a lawyer to just review the patent you wrote, though, can be inexpensive; plan to spend only a tiny fraction. But you’ll want to read several books, a whole host of related patents, and a bunch of supporting material (online blog posts are a great start) so you have the background to do it correctly.

Patents, trademarks, copyright, and trade secrets are all different - I’d read extensively online to make sure you’re going down the right road before you get started. It’s likely only one of those is what you want.

Also bear in mind that even once you have a patent, it can cost hundreds of thousands to enforce - so be prepared for the long game!

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Thanks! Sounds like you talked to my lawyer @dan! He also said if we were to patent game play the only ones we could go after is the end user???

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I’m assuming you don’t need a copyright or trademark. There are two types of patents. The one most people think of protects an invention like the light bulb. It protects the mechanics of running a current through a filament to produce light and is known as a utility patent. But you can also get a patent on the shape of the bulb and that is a design patent. A design patent isn’t as exact as a utility patent and protects your design idea so someone can’t make an insignificant change and then try to sell it.

IIRC in the US a small company/inventor can file up to four patents for a very reduced price. For an extra fee you can have the patents filed for global (not really, but presumably close) coverage.

The reason the lawyers get involved is because when you write the patent you want to protect your idea so it can’t be easily circumvented and to also make it as broad as you can. This is what the lawyers are supposed to be able to do that you cannot. Also, they are supposed to be better at researching prior art. As Dan pointed out, the pricey lawyers don’t always get it right.

The real question is what is your goal? Did you invent something like the light bulb? Is it a billion dollar invention? Then pony up the money and start shopping for planes. Or, are you worried you’ll see copycats selling your idea on ebay or Amazon or the local fair? In this case you may want to consider doing the patent yourself. For a fairly small sum (assuming Canada has a small inventors rate) you’ll be able to send a scary letter to the copycats. The point isn’t to wind up in court like Apple and Samsung, but to put some small teeth behind your bark. And if you screw it up and it’s rejected, I believe you can refile and as long as it is in the process it is patent pending and your letters will still be scary.

Oh, and you’ll be able to put a new post in the what makes you famous thread.

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The other reason is so that someone else (read: troll) doesn’t come stomp on you for violating their patent.

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The real value for a little guy in the US is that when the chinese knock-off factories fire up to produce your invention you can have the imports stopped by Customs.

Oftentimes you’ll see a Kickstarter where the knock-off was delivered before the original :slight_smile:

Of course if it turns out to be wonderful, expect someone big and hairy large here in the US to use their very expensive lawyers to steal it from you.

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@tom, you will need to double check this, but I’m 80% sure game play mechanics are not eligible for patent or copyright protection. If game play requires a unique mechanical device, you can patent that, and you can copyright your artwork and rule book (just the book, the exact phrasing of the rules, not the game play mechanics themselves.) Sounds a little harsh, but think of it this way, if someone could have patented dice as a game play mechanic, Yatzee may have ended up being the only game to use dice. This is how there are so many “…opoly” games out there. Granted, you could try to patent or copyright your game play mechanics, but even if you were somehow successful it would cost you far more to enforce than you will likely make off of any given game.

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That’s correct. I think we had a pretty good thread on the topic back last year around the whole Catan scenario spurred by GF’s Catan board.

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Amen!

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Looks like Open Source or Creative Commons and hope or the best:-)

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Look up patent depository libraries in your area for purposes of researching the prior art. This is usually where most of the lawyers few come in. These libraries usually have searchable microfiche readers and many have computerized search capabilities now. Think of all of the possible search terms before going. Now you can do the preliminary search online with Google patents,etc.