Jess Naylor

[Jess Naylor]

You can also discuss this with your patent attorney if you have one. They are the ones who can give you the best advice because they know everything about your specific situation.

[Jess Naylor]

Hello,

If you try to patent something that already exists (whether it has a patent or not), you will need to modify the product, method of use, and/or method of manufacturing enough to make it your own.

The prior art of something already patented or being produced stands in your way, but it isn’t impossible. In fact, there’s almost 50,000 patent results on Google Patents for “bottle openers.” So it’s not like the first person ever got the patent and nobody else could, they all just had to modify the idea somehow, in a “non-obvious” way. Non-obvious meaning you can’t just change the color of a bottle opener and expect to be granted a patent. Hope this helps.

[Jess Naylor]

Hello,

I would recommend sending the prototype asap, don’t worry about an NDA as you’ve already filed a PPA. Save your money for a licensing attorney when they make the first offer.

And yes, your next steps are very important. Keep yourself on track and cross your fingers. There are a good handful of quality licensing mentors you can find online who’ve been in your shoes, licensed deals, and will help you for a small fee. So far you’re on the right track, good luck!

[Jess Naylor]

If you want to cut costs but still feel like you need a patent attorney, you can try to find one with an undergrad degree in mechanical engineering.

I do know some people who have had the same issue and they found a lawyer with mechanical engineering knowledge.

The chances might be slim, but at least it’s something you could try.

[Jess Naylor]

Hi, from my experience it is very hard to license an idea without having a patent for it. I honestly don’t know of any examples where this has been done before but there might be a few out there.

Sorry, I don’t really have any valuable advice in this area unfortunately.

[Jess Naylor]

Hi David,

I highly recommend reading “Patent It Yourself” by David Pressman especially as you’re not experienced. It’s thorough and easy to read, and you can easily find it online or even in libraries and book stores.

However, getting a patent is quite expensive no matter how small your invention is. Add that to the costs of having a lawyer and the price skyrockets, since you are charged every time you talk to him/her.

If you do decide to get a patent lawyer I still encourage you to read that book, as it will help you make better use of your time with the lawyer and you will understand the whole process much better.

[Jess Naylor]

Hi,

You’re right, it depends. What I can tell you is that the USPTO currently has around 800,000 applications in their backlog and only about 8000 examiners. That’s 100 applications per examiner, and we all know how time consuming reading a patent really is, even more so when examining it. Plus, every application requires certain steps, which could also slow down the process.

Right now, it takes roughly 2 years to get your first Office Action from the USPTO. However, it highly depends on the field that your invention fits into: the more crowded, the longer it takes. For example, if your invention is in a very popular field like computer software, it could take twice as long. But if it’s in a less popular art you could even get it in 1 year.

Also keep in mind that every application gets about 3 office actions before getting the patent, and you need to respond to each of them, thus requiring more time. So all in all, you could get your patent in about 3 years if you’re lucky. That would be the minimum.

You’ll have to be patient and keep pushing forward.

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