Legal Question in Intellectual Property in Texas

Applying for a Patent

We have a new tool design and prototype and want to apply for a patent. Can we apply ourselves or do we need an attorney? We don't want to spend thousands of dollars not knowing whether the tool will sell well or not. What options do we have before marketing the tool?

Thank you,

Carol


Asked on 7/09/03, 1:01 pm

2 Answers from Attorneys
Joe Naylor

Re: Applying for a Patent

The best thing to do at this point is to file a provisonal application with the US Patent and Trademark Office. This gives you protection for a one year period, during which time you can test market. At the end of the one year period you will need to either abandon the idea or file a utility patent application. It is important that you have a patent lawyer at least help on the provisional application to be sure it can mature into a proper utility application. I will be glad to help prepare the provisional application for a small fee; if interested contact me at:

www.tech-lawyers.com

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Answered on 7/09/03, 1:16 pm
Roger Evans Mathis & Donheiser

Re: Applying for a Patent

You would be well advised to begin the patent application process if you have a patentable device to obtain the greatest protection. Otherwise, secrecy is your best ally. One way to help determine if yur tool design is marketable is to enter into a non-disclosure agreement with a company which markets similar devices and receive an evaluation from them. If they are interested, there may be an avenue to share in all associated costs, including the patent process.

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Answered on 7/09/03, 1:27 pm


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