As a solo creator, I've been working with a lawyer to create some intellectual property. I'm not a lawyer. This is not legal advice. Here are some options as I understand them, but do your own research.
A utility patent covers a new invented item or process. They are the hardest and most expensive to get. A design patent protects the way something looks. It's easier and cheaper to get. If you wanted bang/buck you might consider a design patent on your UX if there is a strong connection between UX and utility.
A DIY "provisional patent application" can be filed for a utility patent. This is basically creating a description of your invention, and submitting to the USPTO who will file it without looking at it. You then have 12 months to create a legitimate patent application referencing this provisional application and you get retroactive protection. Of course the provisional application is only as good as you make it. And if you rely on it when filing a patent, and it has some flaws, you get the flaws. You can shoot yourself in the foot this way.
When/If you create a manual, it is automatically protected by copyright law. You can go further and file a copyright registration for the document. This can serve as prior art and make it more challenging for others to patent your work.
Thank you so much! This was very helpful. DIY "provisional patent application" feels like a good insurance. If there's something of worth, you file an year later. If you get no customers, the idea was dead anyways and I assume you can avoid filing. Is that correct ?
A patent is not meaningful as protection unless you also have the wherewithal to go through the legal process. Your idea of what is not only patentable, but also defendable in a court against a better funded opposition may not be realistic.
(But a patent application could help you as a form marketing.)
Yes BUT… suppose you file a provisional patent, and do a slight pivot/change in how you do things. Then the provisional patent might not apply, or might be too restrictive. This is where a lawyer can help. Still, this is a strategy that lawyers understand, and it can still be a quick and cheap way to cover your ass. And you can say “Patent Pending”.
Do you know if there are startups that specialize in helping startups go through this ? I got one reference below that I am going to look into more. If your reference can be shared, pls do
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As a solo creator, I've been working with a lawyer to create some intellectual property. I'm not a lawyer. This is not legal advice. Here are some options as I understand them, but do your own research.
A utility patent covers a new invented item or process. They are the hardest and most expensive to get. A design patent protects the way something looks. It's easier and cheaper to get. If you wanted bang/buck you might consider a design patent on your UX if there is a strong connection between UX and utility.
A DIY "provisional patent application" can be filed for a utility patent. This is basically creating a description of your invention, and submitting to the USPTO who will file it without looking at it. You then have 12 months to create a legitimate patent application referencing this provisional application and you get retroactive protection. Of course the provisional application is only as good as you make it. And if you rely on it when filing a patent, and it has some flaws, you get the flaws. You can shoot yourself in the foot this way.
When/If you create a manual, it is automatically protected by copyright law. You can go further and file a copyright registration for the document. This can serve as prior art and make it more challenging for others to patent your work.
Thank you so much! This was very helpful. DIY "provisional patent application" feels like a good insurance. If there's something of worth, you file an year later. If you get no customers, the idea was dead anyways and I assume you can avoid filing. Is that correct ?
A patent is not meaningful as protection unless you also have the wherewithal to go through the legal process. Your idea of what is not only patentable, but also defendable in a court against a better funded opposition may not be realistic.
(But a patent application could help you as a form marketing.)
Yes BUT… suppose you file a provisional patent, and do a slight pivot/change in how you do things. Then the provisional patent might not apply, or might be too restrictive. This is where a lawyer can help. Still, this is a strategy that lawyers understand, and it can still be a quick and cheap way to cover your ass. And you can say “Patent Pending”.
Do you know if there are startups that specialize in helping startups go through this ? I got one reference below that I am going to look into more. If your reference can be shared, pls do
I'm just paying a lawyer out of pocket that came recommended through a trusted contact.