Patenting a product
Submitted by roddo on Thu, 2018-04-12 20:39
Anyone on here have anything to do with patenting something before.
I have designed a product that I believe to the best of my research has not been made previously and I would like to patent it before I go any further I will call a lawyer next week to discuss with them but would love to have a chat to someone who has gone down this path before.
Cheers
Rod
.thumbnail.jpg "Dhufish giving me a tour of Mightymouse's SeaSwirl Striper 2601, Cervantes, 3 Jan 2011")
Tim
Posts: 2497
Date Joined: 26/09/06
Call
Call a patent Attourney. Have a client going through this atm
Couple of options with an Innovation Patent (8yrs) or Standard Patent (20yrs) depending on your idea.
https://www.ipaustralia.gov.au/patents/understanding-patents/types-patents
resurgence
Posts: 573
Date Joined: 23/04/14
Not cheap or easy
As Tim mentioned, contact a patent attorney, they will advise you best.
Be prepared though, it’s not a cheap or easy exercise. You have to prove that your invention is unique and that it contains some aspect of its design that can be patented.
Depending on the complexity of the idea the administrative fees will likely run into the thousands then there’s patent attorney fees on top of that. Possibly into five figures all up. Then there are ongoing fees to maintain it.
Also you have to be prepared to defend your patent if you believe there’s an infringement.
All that isn’t to say it’s not worth it, although only you will be able to make that judgement.
sea-kem
Posts: 14857
Date Joined: 30/11/09
I wish you luck Rod, but
I wish you luck Rod, but remember the Chinese don't really care about patents (sarcasm intended) .
Love the West!
big john
Posts: 8726
Date Joined: 20/07/06
Yep
Just need to see the various Rapala X-Rap exact copies being sold around the place.
WA based manufacturer and supplier of premium leadhead jigs, fligs, bucktail jigs, 'bulletproof' soft plastic jig heads and XOS bullet jig heads.
Jigs available online in my web store!
pelagicyachts
Posts: 1301
Date Joined: 23/02/11
yep and good luck trying to
yep and good luck trying to pursue the chinese - BMW case a classic !
Having spent some time in China, its ingrained to the point of being a cultural norm...
http://www.bmwblog.com/2008/12/19/bmw-loses-court-battle-to-chinese-x5-clone/
black gen
Posts: 762
Date Joined: 13/04/11
that article is very
that article is very interesting....and yes they dont care about knock offs...pretty much everything available on ebay just takes the slow boat to get here.
roddo
Posts: 482
Date Joined: 16/10/09
Cheers for all the feedback
Cheers for all the feedback I'm still not sure it's worth paintenting its most likely only the oz market that would be interested in it anyway as its a product that has something to do with one of our past times in a way but that'd all I'm prepared to say at the moment.
I may just be better of making the product and trying to build a reputation with it and just hope ppl prefer a local made quality product as it wouldn't be a hard product to copy once its out. It' really not a genious idea but something that works well for its purpose.
sea-kem
Posts: 14857
Date Joined: 30/11/09
Rod, I hope you do. Just
Rod, I hope you do. Just make a business out of it with a niche market. If you do it well enough people will stick with you, reputation is a big thing in this country. If I know I'm getting good service and a good product be it food or a manufactured item I won't go anywhere else.
Love the West!
keg
Posts: 395
Date Joined: 17/07/07
get in early
make the product and market it hard and make some money before anyone copies it
gruntre69
Posts: 533
Date Joined: 15/10/16
You might want to check
You might want to check first though. I believe that once you have decided to and market a product, you forfeit your ability to patent..
Marine trimmer NOR (available for clears, tops, carpet, upholstery, custom equipment covers)
roddo
Posts: 482
Date Joined: 16/10/09
Your correct from what i can
Your correct from what i can see once a product becomes public it can no longer have a patent put against it as its common knowledge. You can have a patent pending on it but must go through the whole process before making it public.
Tim
Posts: 2497
Date Joined: 26/09/06
Correct
Thats correct. You need to get your application in before you market the product.
If you do the info is already in the public domain and not new
gruntre69
Posts: 533
Date Joined: 15/10/16
Yep, I made that mistake
Yep, I made that mistake years ago. It turned out that I had the global market sewn up for about 5 years anyway because the product was difficult to manufacture and I had a reputation as the pioneer of a very high quality product, so it wasn't to bad not spending the money on Patents. It is also a regional thing and is very expensive to cover the global market.
Marine trimmer NOR (available for clears, tops, carpet, upholstery, custom equipment covers)
Reddroo
Posts: 6
Date Joined: 06/02/17
Design Registration
I have no direct experience of this, but I do recall some years ago, a learned friend telling me a Design Registration can be a good alternative to a patent in some cases.
Here's a link to the government website that should help you decide if it would work for you:
https://www.ipaustralia.gov.au/designs
Good luck !