Ask HN: How to go about patenting an 'invention' | Hacker News Reader

Ask HN: How to go about patenting an 'invention'

3 pointse7mac7 comments

Does anyone have any tips on going about getting a patent? Should I be talking to a lawyer, or a patent engineer, and where do you typically find people to help.

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Yes, you should talk to a lawyer specializing in patents.

How to find one? https://www.google.com/search?q=patent%20attorney

Expect to spend ~$10k (lawyer + patent filing fees).

That being said: if you don't have resources to defend a patent (read: hundreds of thousands if not millions of dollars in lawyer fees, months-to-years litigation) then don't bother getting a patent.

If you're doing a startup and have the money lying around to file one, it often makes sense to do so just because patents can become significant negotiating leverage in acquisition talks. In the U.S. you have to file before making the invention public, which means that if you want to patent-protect your product at all you often have to do so early on.

Seconded. Get your legal advice from lawyers not from HN (or any other web forum).

generally agree. however, 10k is a pretty high estimate unless you want to patent something extremely complex or in operate in a complicated area (generally limited to SC fab or pharma with some others along those lines). most small to mid-sized firms will be more in the 2-5k range, although it will vary depending on location etc.

also, many (most?) firms will charge a flat rate for certain services (e.g., drafting and filing) or a capped hourly rate (e.g., $250/hr but no more than $3000). something to keep in mind if an attorney insists on an uncapped hourly rate (which, i hope, would be rare).

[edit: after filing attorneys will also charge for responding/arguing with the patent office. this part ('prosecution') usually varies firm to firm but often is very similar (e.g., a set fee for each type of response, which there should only be a few of)]

I had a bad experience attempting to get a patent done for one of my previous (bootstrapped, and failed) startups. I basically paid a lot of money for a document that did not properly describe what we were building, and no claims. Granted, I must accept the fault, since my results indicated that I could not properly articulate what we were building (even though it seemed pretty straightforward to me). So I realized there is a problem with this; Nobody else knows the details of what you're building better than you do. So even if you do seek professional help, be prepared to properly document and explain in extreme detail what you are building. With my experience, I ended up getting motivated to learn more about doing it myself. I called the USPTO relentlessly to learn everything about the process. They won't give you legal advice pertaining to the patent, but they will help you with process and fee's. Then I started reading relevant patents for fun, and learned about the structure of the document, and what some of the requirements are. In my opinion the hardest part about writing a patent, and the most important, is the claim(s) section. It is my own personal belief (and some may disagree) that it's completely acceptable for an entrepreneur to write the technical portion of the document (with drawings). Similar to answering the Y-Combinator Application, I find it to be a good exercise in validating how well you know your own product. With the technical portion completed, then I would approach the professionals to write the claims. You can file a provisional patent yourself for under $200 (more for fast track). You can also revise it, and/or add claim(s) at a later date. Depending on what resources you have available, this might be your only option. But the general rule still applies; you usually get what you pay for. So it is definitely recommended to seek professional help. Especially considering the implications of the claims and wording later on down the road when you (possibly) run into a situation where it needs to be used (perhaps defensively, perhaps offensively).

Also, do your own initial search to see if anyone else has made this "invention." This may save you a lot of time and money.

patents.google.com is a good place to start.

Patent lawyers will give a free 1 hour consult (depending on country).

Patents help you get acquired and get investment. But, they are very expensive to defend.

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