Ask HN: How to file a patent?
I am developing a mechanism that I would like to file a patent for. Does anyone have any useful references they could point me to regarding the process? I am trying to avoid hiring a lawyer.
I would also recommend you get a search done before you go through the whole process of trying to get a patent, so you can see whether what you are trying to patent exists before you go through all the work (and cost) of getting an application written.
Also, beware: the patent gives you nothing unless you are willing to defend it. Seriously. If someone violates your patent you will need to sue them to get them to stop. And you'll need a lawyer for that too.
I'd agree that there are a few pitfalls to it, but to get a decent patent submission is no more arduous than writing a technical essay IMO.
If you've read a lot of patents the format will be clear. There format is pretty strict and consistent across jurisdictions. The spec has to support your claims, showing how to implement your invention, the claims have to be one sentence and demarcate the legal monopoly. You can claim hugely broad (normal technique) and then narrow them down later; if you claim very broadly however the examiner may just issue generic citations for the search which won't help you get a patent with strong validity.
Search, yes. Again, it's not rocket science but patent examiners do have access to dedicated technology databases including relevant journal databases, things like IBM techical bulletins and often their own internal libraries, as well of course as better search tools for the publicly available patents. Espacenet is a pretty searchable db, Google have a patent search, IBM used to have a good one and their TDB were often useful. Use the USC, IPC, EPC classifiers to speed up your search.
Caution: IIRC in the US you're required by law to submit the findings of any search you make, if you do a really good search and find decent prior art that can come back to bite you doubly if you fail to disclose it.
Mechanical tools may be better protected using other IP like industrial design, also trademarked shape can be good to prevent direct ripoffs.
As for nudges last point - what it does give you is some measure of protection against being sued for performing the invention in your granted patent. But it's likely that tech you're building on is patented too in which case you may need to attempt some sort of cross licensing.