4 replies to this topic

[derda4]

The Apple vs Samsung is so ridiculous, that I want to submit some patents as well.- Is it possible for a EU citizen to submit patents in the USA?

Where and how to do that?

Thanks

[Hodgman]

The agency's site is here: http://www.uspto.gov...ocess/index.jsp
I hope you've got a few grand ready to waste: http://www.uspto.gov...e/fee092611.htm

What are you hoping to patent? Most game software shouldn't need patenting.

IANAL, but a common method to protect yourself from patent trolls is to simply publish details of your invention publicly.

Edited by Hodgman, 04 September 2012 - 02:16 AM.

[RobTheBloke]

IANAL, but a common method to protect yourself from patent trolls is to simply publish details of your invention publicly.

At which point the troll files a patent for your invention, and still tries to sue you anyway. Publishing details is enough to win the court case, but that doesn't help much once the verdict has been reached, and the troll simply calls in the administrators declaring chapter 11 bankruptcy (which is far too common). Net result is a lengthy court case, a load of unpaid legal fees, and a patent troll who merrily skips off into the distance in search of his next victim.....

[Hodgman]

At which point the troll files a patent for your invention, and still tries to sue you anyway. Publishing details is enough to win the court case, but that doesn't help much once the verdict has been reached, and the troll simply calls in the administrators declaring chapter 11 bankruptcy (which is far too common). Net result is a lengthy court case, a load of unpaid legal fees, and a patent troll who merrily skips off into the distance in search of his next victim.....

If you want to be really pessimistic, even if you do file, the troll can still file a patent that does something slightly more than yours and deliberately leave your patent out of their prior-art search (as the USPO doesn't do real prior-art searches themselves), and then still sue you as above.
There's literally nothing you can do to protect yourself from spurious lawsuits. Ermirucah.

Edited by Hodgman, 04 September 2012 - 07:10 AM.

[bschmidt1962]

The Apple vs Samsung is so ridiculous, that I want to submit some patents as well.- Is it possible for a EU citizen to submit patents in the USA?
Where and how to do that?

Presuming your question was serious and not rhetorical, then answer is "Yes you can."
The web sites referenced above show you where.
The how is a bit more complicated.
In order to file the patent, you need to "reduce your idea to practice". That can be either actually building a prototypo or (as is more often the case) creating a fairly detailed description of your invention.
The description should be detailed enough that someone who is "skilled in the art" would be able to create a prototype of your invention simply by reading your description.

You also need to do some preliminary research to see if what you have invented has already been invented. That means doing a patent search (to see if anyone else has patented your idea already) or if someone has already published your idea without patenting it.
Once you create the detailed description (look over existing patents to get an idea of form), you need contact a qualified patent attorney to re-write your description using proper legal wording as well as write up your "claims". The claims (which are at the end of a patent) try to be a precise legal description of your invention.

It's not especially cheap-- I just went through this myself and cost about $10,000 USD for one patent in attorney's fees and filing fees.

You also need to figure out why you want a patent. Is it because you are building a business and the patent would give you protection of your (hopefully) original idea? In that case, it can be very worthwhile. Otherwise, think hard about whether its worth it or not.


Brian Schmidt
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Oct 24-25, 2012
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Edited by bschmidt1962, 06 September 2012 - 10:47 AM.