Hi, I have had an idea about a simple cheap product for a hobby I have. It can be put together easily and cheaply with off the shelf items and as such I’m not sure it can be patented so what I am wondering is how do I protect the idea?
Also how do I check no one else has already had the same idea?
Thanks, Rob.
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The simple answer is that you probably can’t. You’ll just have to take advantage of [possibly] being first to market. Capitalising on that by nurturing a good reputation and fair pricing to ensure you’re the “go to” company for that item.Originally Posted by jammie*dodger
With regards to other people having the same idea, I would have thought a search on Google, Amazon and eBay for similar products would be sufficient?
Don't see why you couldn't patent it if it really is novel. Not cheap though and will probably cost at least few thousand £.
Don't think you should rely on being first to market as a large company could always manufacture/market more cheaply.
Patenting can be expensive and slow and needs to be novel to stand a chance of actually being granted a patent.
You might be better off with a trademark or a registered mark in certain categories. Trademarking is cheaper than patenting as far as I remember.
A mate of mine consults on IP stuff so you could always have a chat with him. Or, might be worth trying the Patent Office for a chat to start with.
One of the tests that a patent application needs to pass, especially if it is made up of things that are readily available, is the question of would people in this field come up with the same/similar idea?
The Patent Office will also give you some advice about how to search for other ideas/products that may be the same/similar to yours.
If it’s an idea you’re wasting your time.
First, do not say anything about what it is. Anything you say takes whatever you’re considering away from you.
I agree that trademarking could be a way to go, but realistically you need to manufacture your idea, and decide the scale, the UK or the world. Unless there is a cultural reason to restrict the market there is no alternative.
'Against stupidity, the gods themselves struggle in vain' - Schiller.
Thanks. I think I’ll start there and see what I come up with...
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When it comes to electronics people come to me, we exchange NDAs and then we try and establish what it will cost to get to the next stage. It's nearly impossible to patent an idea or an application, but if you have the cash you can at least apply for one, this way you can get the jump on the market before it gets copied.
The quickest way to get your IP copied is to get it made in China or outsource outside of the uk.
You can't patent an idea but you can patent a product, manufacturing process, composition of matter (and possibly others). The OP should make whatever it is as proof of concept and patent that, no need to manufacture it at this stage.
The expensive part will be protecting the patent if others see money in it. If it's a brilliant idea maybe someone will buy the rights.
tell me the idea and i can get back to you to see if anyone else has the same idea
I’ve conceived and devised several commercially successful products. In my case they are tax planning products but in my view similar principles apply whether the product is tangible or intangible.
It’s very easy to get hung up on “protecting” IP. At the end of the day ideas can and do get copied and in the real world most of the time there is very little you can do about it unless you have massive resources. Besides a smart plagiarist will not just copy exactly but will adapt and make changes to your original idea which makes it even harder to pursue.
The worst mistake I ever made was to have a great idea and develop it whilst employed by someone else (in my case an insurance company). The IP belonged to my then-employer and made them a lot of money. It was subsequently copied and adapted by competitors when it was in the public domain. That product has become the most successful packaged inheritance tax product, and the experience persuaded me to set up in business, which I did 16 years ago, and haven’t looked back.
You need to recognise your strengths and weaknesses and unless you are a one-man polymath who never needs to sleep you will need associates to work with. Choose them carefully and if you can possibly avoid it don’t give away a share of your IP for funding as it’s as close to selling your soul as it gets. On the other hand, finding someone to work with you who has complementary skills to your own can make all the difference.
Above all, the best idea won’t make you money if it doesn’t get beyond your imagination, notepad or drawing board. Getting it to market should be your main focus over and above protecting IP.
Quite a few IP firms offer 'patent clinics' where you can meet with a qualified lawyer or patent attorney and they give pro-bono advice.
Might be worth Googleing and seeing if there is one near you
Definitely agree with the points made so far. The main thing is to try and get a proof of concept made so that you can test it properly and have something tangible and its no longer just an idea. You should be able to get quite far doing that on your own, especially if the constituent parts are readily available. You can always get some specific manufacturing (not the right word) as needed - just make sure you have the right commercial contracts in place with whomever you work with.
As someone else has said, people can get hung up on patenting things and protecting IP - the reality is that it can be very expensive to pursue anyone that infringes your IP unless you have extensive resources.
If there are IP lawyers that will give free advice then that is also an avenue worth exploring.
You haven't said if your idea is linked or associated to any employment you have - if it is then they could easily claim the IP belongs to them. One thing to do to avoid this is not use any of their resources, materials etc. in the development. Use your own notebooks, computers, paper etc. If its something outside of their business, many employers will grant you an exemption anyway, but check your employment contract first - the IP clause is pretty standard and can easily catch people out.
Sounds interesting anyway. Good luck.
It isn't but a quick chat at work turns out that I have a contractual clause that means it would still belong to my employer. As such I think I might just trial the idea on my own gear (components are on the way) then punt it out to the user community and let people use the idea for themselves if they like it. I don't know if this will stop someone else profiting from it but it might enrich a hobby that I enjoy so that will be reward enough I think.
Thanks everyone for the advice, Rob.
Cats are not not to be trusted..
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If its not connected to your work then they may have little interest in it anyway. It would be hard for them to press that clause as what you do in your spare time, outside of work etc. is nothing to do with them. You could formalise it by getting them to agree a waiver or just ignore it. More of an issue if its something connected to your employment.
Entitlement to employee generated IP doesn't necessarily belong to the employer, for patents it depends whether the idea is related to what the employee does in the normal course of duties or has been devised in, and is related to, performance of a task that the employee has been assigned to by the employer amongst other things (when devised, with whose resource etc). It very often does though... I'd recommend going to a free IP clinic run by CIPA (Google them), to get free impartial advice from qualified patent attorneys, if you are interested in finding out about options.
In reality, unless you have something with a real commercial potential/audience the cost of patenting might not be merited. Registered designs and trademarks can be useful options (and are relatively inexpensive). To preserve any chance of obtaining protection if you do have an invention though, don't tell anyone unless they are bound by a duty of confidentiality (as is the case for the clinics I mentioned).
The UKIPO (aka the Patent Office) has some good free guides and offers advice to private inventors. Don't get too specific with Google searches by the way - that might give the game away (see their t&cs). Hope this general info is of interest.
Last edited by Pathtower; 23rd March 2018 at 23:51.
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