Patent Attorney and Founder
Question:
I have an idea I’ve been working on and want to start bringing it to life, but I have no experience with getting a patent. I’m not even sure if that should be my next goal. If anyone can share some knowledge on this, it would be greatly appreciated. I appreciate the vulnerability and willingness to take advice. This person’s putting themselves out there, which is great.
Answer:
JD: Absolutely. If you’re still in the process of making your idea come to life, I’d say there’s a step required before even considering whether you should patent it. This step involves proving to yourself that your idea does what you think it’s going to do. You’re still in the inventing phase, working on making it functional.
JD: Some inventors might get halfway to a solution and may need to bring in a co-inventor, consultant, or design expert to help them get to the point where it’s functional and meets their expectations.
Matt: Would you say that if someone wants to be an entrepreneur and aspires to have a patent portfolio, it would make sense to book some time with a patent expert like Michael to understand the process? This way, they know when to file and when to talk to a patent attorney.
Matt: Totally. There’s so much nuance involved, but working with a patent expert can help explain it well. They can give a good idea of when to start thinking about filing a patent.
JD: Not all products need a patent. If you have a niche or hobby project with a small market size and you’re not sure you want to dedicate a lot of energy, time, and money to it, it might not be worth getting a patent. It could cost you $10,000 to $20,000, and you need to assess whether you’ll get a return on that investment. Have a gut check on the potential market and your commitment level.
JD: Before considering a patent, look at your creation and ask, “Is this the first time someone’s done this? Is it available online? Can I Google something like this? Has someone else done it before?” If the answer is no, then maybe start booking a call.
Matt: Would you recommend that a potential inventor do a bit of prior art research or prior application research on Google Patents?
JD: Yes, absolutely. Google Patents is a specific database that includes publications of pending applications as well as issued patents. It’s a great place to start looking at patent-specific prior art. Prior art is any information that’s known in the public domain, and patent examiners will cite not just patent documents but anything that’s been published, like journal articles or anything available to someone skilled in the field of the invention.