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Location: Minnesota | do you guys who come up with a new bait try to get a Patent on it??
so nobody can out right steal your idea?? |
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Posts: 32885
Location: Rhinelander, Wisconsin | It's possible, but all one has to do is change just a bit og the original, and there's your copy. |
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Posts: 1937
Location: Black Creek, WI | I have two patents.... and therefore have gone through the process. In my opinion, trying to patent a musky lure would be a complete waste of money. Sworrall already pointed out the obvious..... and even if you hired a very very good Patent Lawyer.... who would be VERY expensive I might add.... it would be difficult to fully protect yourself from "similar yet different" designs popping up in the Market. |
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Posts: 140
| I have a utility patent on my bait concept which is broader in scope than the design patent. Generally, the design patent covers exactly how somethings looks. Change it 10%, and there's probably no infringement. Utility patents cover the way something is used. It's harder to get the utility patent, but it's also harder to get around it. Nothing is black or white. That's why we have lawyers to debate all the minute details. There's also a difference in patent life, I believe it's 17 for the design and 20 for the utility. No consider the foreign country patents and now we're really talking some cash.
As Jason pointed out, very time consuming and $$$$. I have over 10K into mine (patent searches, provisional patent, drawings, filing fees....) and have yet to sell 1 bait. Search the USPTO for an idea of what's out there, but most patents aren't disclosed until 18 months or so after they been granted.
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Posts: 786
Location: Minnesota | I have 6 under my belt and a few pending. IMO you are better off submitting a provisional and then shopping your idea around. You can still add to it or change it slightly. Stays away from the public eye for 18 months. If your idea is good it is worth it in my opinion. You could even get some funds from the company you take it to. If they like it you could take some of the royalties and let them pay for it all. Just an idea.
I have an idea right now for a lure and it should work for all types. If I were only looking at the muskie world I doubt I would ever pay off the patent costs. You can do a lot on your own to save money though through the patent process. With that said, all of mine went though IP attorneys. I also only know enough to be dangerous! lol
James
Edited by Grunt Lures 2/2/2007 6:01 PM
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Posts: 38
Location: Iowa City, Iowa | The following is offered to aid a person who is considering patenting their idea. As a musky fisherman I am an enthusiast/journeyman, but in the intellectual property arena I qualify as an expert [i.e. a person who has been paid by patent/intellectual property attorneys for his knowledge/opinion].
Potentially, the largest financial cost to a patent holder is the cost of defending a patent. If one has an invention worth substantial money, one needs deep pockets to fend off infringers & those seeking to have your patent overturned by challenge [yes, issued U. S. patents have been canceled]. Companies play hardball when it comes to profit!
Having a patent is good for the ego, but I doubt whether any musky-related patent is financially rewarding in the long run on a cost/benefit basis. If one insists on attempting to patent something, one should, at least, be familiar with the following terms: patent pending, patent allowed, patent issued, claims allowed, and “non obvious to one skilled in the art”.
Having stated my opinion on the issue, I have patents, but not angling-related. |
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Posts: 572
| Several years ago, it may be many now, I read an article that recommended small lure manufactures use "copy rights". They cost a lot less and provided about as much protection. Of course, if you have a very unusual product, a patent may be worth it.
Just a thought...you may want to look into what "copy rights" provide. |
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Posts: 786
Location: Minnesota | CharlieTeuton-Good points. That is why I believe if you have a good idea for hte fishign world your lure/idea better have moree applications tahn just muskies. IMO you need at least bass and walleye users and then salt water fishign if you really want to make sure you make enough $$$ to fend off infringers. That is why it is a good idea to "get into bed" with a large company (Rapala, etc.)
JMO,
James |
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