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Patents

 
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  #1  
Old 05-12-2010, 08:13 PM
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Patents

Hey all,

My partner and I have completed what I believe is our final prototype rifle. I think that we need to protect our product with a patent, but I am not sure how to go about it. Any of you that have done the patent process, please chime in. What is the cost, and how long does it take, etc? Is there other ways to protect the project?

Thanks for any input.

Steve
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  #2  
Old 05-12-2010, 08:21 PM
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Re: Patents

Ok, what is "'new" that warrants a patent, you just said its a rifle. Assume it has a barrel, chamber and shoots bullets. Doubt you will find that will get a patent.

Not sure since Rick Jamison got away with his 300 WSM fiasco, that anything like that is going to not be challenged today in the firearms arena.

However, google patent attorneys and start there and be prepared to spend big bucks to actually get a patent and then at least $100K each time you want to defend it.

BH
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  #3  
Old 05-12-2010, 08:49 PM
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Re: Patents

Steve,
best bet is to contact a good patent attorney for consultation. they can research your product and get back to on it. you may not be able to papent the whole thing but parts and pieces. I now if you have sold any you have up to 1 year to protect it before it is free game. also hang on to your wallet because it going to cost. my last patent not firearm related was just shy of 10,000 when it was all said and done. it took just shy of 4 years to get it threw.I can tell you from past experience patents do not mean much when it comes to companies copy product, it comes down to who has the deeper pockets and were you/they will throw in the towl. Patents only keep the honest people honest.
Jrigby
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  #4  
Old 05-15-2010, 10:51 AM
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Re: Patents

Quote:
Originally Posted by BountyHunter View Post
Ok, what is "'new" that warrants a patent, you just said its a rifle. Assume it has a barrel, chamber and shoots bullets. Doubt you will find that will get a patent.

Not sure since Rick Jamison got away with his 300 WSM fiasco, that anything like that is going to not be challenged today in the firearms arena.

However, google patent attorneys and start there and be prepared to spend big bucks to actually get a patent and then at least $100K each time you want to defend it.

BH
BH,

The rifle is constructed out of polymers, shoots ceramic projectiles, and uses a variation of nitroglycerin for the propellant. So it is a bit different.

Seriously, it is a simple variation on the rifle. So, I guess that I am not looking to patent the rifle, but the variation.

It sounds like you guys are saying that it is too much hassle and money to go through the process. That I should just produce them and sell them, and see how it goes.

Is there something other than a patent that keeps my idea mine? Let's say Remington decides that they want to use it, how do I get my dues? It may be just another firearms thing that never gets any traction, but I do believe it has merit.

Thank you guys for your responses.

Steve
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  #5  
Old 05-15-2010, 11:28 AM
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Re: Patents

Quote:
Originally Posted by RockyMtnMT View Post
BH,

The rifle is constructed out of polymers, shoots ceramic projectiles, and uses a variation of nitroglycerin for the propellant. So it is a bit different.

Seriously, it is a simple variation on the rifle. So, I guess that I am not looking to patent the rifle, but the variation.

It sounds like you guys are saying that it is too much hassle and money to go through the process. That I should just produce them and sell them, and see how it goes.

Is there something other than a patent that keeps my idea mine? Let's say Remington decides that they want to use it, how do I get my dues? It may be just another firearms thing that never gets any traction, but I do believe it has merit.

Thank you guys for your responses.

Steve
Steve, I would consult with an attorney like mentioned above except I would get atleast two or three different attorneys prices. I did this just the other day , I met with two different attorneys one wanted 2,000 dollars and explained that if he had to go to court over the case than it would be an additional 200.00 in court and 200.00 out another words he could aventually charge whatever he wants. The next attorney I let him know up front that I had already gotten an estimate and he tells me that he could do it all for 750.00 I then ask is that a flat rate and he said yes. So I walked out with 1,250.00 in my pocket . Now I guess I'll see how true the ole "get what you pay for" sayings is...

I kind of agree with the patent not being to concrete. I want a NF scope because of the zero stop but it is supposedly patented well now i recently found out that huskemaw makes their scope with this option but they had to achieve the same goal utilizing a differemt method . So one might ask could your patened idea be legally side stepped like this has been done . it would suck to spend your hard earned money and then later on someone go around your patened .

BigBuck
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  #6  
Old 05-15-2010, 01:43 PM
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Re: Patents

Patents can be easy to file, but costly to maintain and defend. If you wanted to license the invention to a large company, they may want to know that they have an intellectual property (IP) position that they can defend before investing a large sum of money. To this end, the patent must be properly written, so I wouldn't go with the lowest bidder and would find someone with a knowledge of patent writing, preferably in the firearms area. Have a look at the Shaw patent on spiral fluting for example.

Based on what you wrote above, it sounds like your invention is novel, and you could probably patent the system. I am a co-inventor on around 40 patents or so (I haven't checked lately) related to drug discovery. The patent field is constantly changing, driven largely by court cases so how you write patents can change over a fairly short period of time. Also, don't expect to lock up the whole field, but focus on protecting the core of your invention and what you really care about.
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  #7  
Old 05-15-2010, 02:08 PM
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Location: Montana
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Re: Patents

Quote:
Originally Posted by visigoth View Post
Patents can be easy to file, but costly to maintain and defend. If you wanted to license the invention to a large company, they may want to know that they have an intellectual property (IP) position that they can defend before investing a large sum of money. To this end, the patent must be properly written, so I wouldn't go with the lowest bidder and would find someone with a knowledge of patent writing, preferably in the firearms area. Have a look at the Shaw patent on spiral fluting for example.

Based on what you wrote above, it sounds like your invention is novel, and you could probably patent the system. I am a co-inventor on around 40 patents or so (I haven't checked lately) related to drug discovery. The patent field is constantly changing, driven largely by court cases so how you write patents can change over a fairly short period of time. Also, don't expect to lock up the whole field, but focus on protecting the core of your invention and what you really care about.
Thank you for the info.

You do realize that I was kidding about the polymer, ceramic, and glycerin? After reading your reply I was afraid that I was sounding like an April fools joke. What I have done is a variation of the conventional rifle that increases strength, stability, and accuracy.

Steve
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