Asking for advice about filing for a patent on a new device

In summary, seeking advice on filing for a patent for a new device involves understanding the patent process, determining the eligibility of the invention, conducting prior art searches, and preparing the necessary documentation. It's essential to consult with a patent attorney to navigate legal requirements and ensure robust protection of intellectual property. Additionally, considerations regarding costs, timelines, and potential market impact should be assessed.
  • #1
hagopbul
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40
Hello All :

i uploaded some threads here asking about patent on engine modification , as i looked more in the discoveries , found out that it is already , discovered , but came up with another system to improve the energy efficiency (theoretical , experiment and a make shift prototype ) , now if i get some sort of patent what should i do to get funding to start producing or how to create a start up and then sell it, all this was to create enough funds so i can work on other scientific projects

how much time do you think it will take , considering the patent application with it ?
what is the appropriate methods to be able to get funds for start up ?
time for getting the other paper work ?
what is the best methods to sell a start up ?
what about banks do they support start ups ? is it considered loans , or grants ?

if i dont want to start a small company now (start-up) can i apply to a grant , although i am not student in a universities ?
is there a type of grants where it is an international in nature and will allow international applicant ?

i am living in Beirut Lebanon currently

do any one here was able to change a scientific work he has done to a start up

should i publish a peer review paper ?

Best Regards
HB
 
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  • #2
Patents are only "hunting licenses;" you'll need a "stable" of lawyers to enforce one.
 
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  • #3
hagopbul said:
... patent on engine modification , as i looked more in the discoveries ,..., but came up with another system to improve the energy efficiency (theoretical , experiment and a make shift prototype ) , ..., all this was to create enough funds so i can work on other scientific projects
I assume you are referring to internal combustion engines? If so, this is a dying market. Most manufacturers have reduced or eliminated funding for engine development. Even if your modification works as well as you think it does, there is a LOT of development work to make it durable, reliable, cost effective, and practical to manufacture. To get an idea of the time scales, this company has been working on their engine for 27 years, and just this year have a saleable product: https://www.deltahawk.com/company/. This company has been working on their engine for 15 years, and are still trying to sell prototype engines: https://www.liquidpiston.com/.

You can apply for a patent, and try to license that patent to an engine manufacturer. You will need a running prototype of approximately the size of your target market engines, and data from an independent testing laboratory that shows it to be significantly more efficient that any engine currently being sold. And supporting data that shows that manufacturing cost, durability, and reliability will be at least as good as existing engines.

In order to sell your idea, or get financing to develop it, you do need a patent. Most of my US patents took 2 to 4 years to issue after application. I have a number of European patents, I think that those took about the same amount of time. I believe that a typical machinery patent costs USD $10,000 to $100,000. An engine patent will be on the expensive end of that range because of the large amount of prior art. A patent attorney told me that any person taking a patent infringement case to court should budget USD $1,000,000. This was in a conversation about one of my patents that was infringed on twice by two different companies. We were lucky because both of those companies stopped after we sent them "cease and desist" letters.

If you want funds to work on other scientific projects, your best option is to start as a graduate student on a funded research project. Get a Ph.D., then a research position. Then you will be paid to work on scientific projects.
 
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  • #4
jrmichler said:
Most manufacturers have reduced or eliminated funding for engine development.
Cummins is going great guns, and poaching a lot of good people. But these are not engines like you have in your car. Think combines and power plants.
 
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  • #5
Vanadium 50 said:
Cummins is going great guns, and poaching a lot of good people.
And so they are, in their Accelera division: https://www.cummins.com/news/releas...mins-advance-transition-zero-emissions-future. A quote from that site:

Accelera is advancing a range of zero-emissions solutions, including hydrogen fuel cells, batteries, e-axles, traction systems and electrolyzers, to sustainably power a variety of industries from commercial transportation to chemical production. Both a components supplier and integrator, Accelera is decarbonizing applications like buses, trucks, trains, construction equipment, stationary power and carbon intense industrial processes.

With large companies such as Freightliner and Volvo already shipping electric semi trucks, the market for diesel engines smaller than about 500 hp will start to shrink. The market for large, over 1000 hp, diesel engines will be strong for some time yet.
 
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  • #6
Thanks jrmichler , but I wasn't talking about engine modification, I started looking in engine modification then after research created something that energy efficient in another field ,maybe the misunderstanding resulted from my English language
 
  • #7
hagopbul said:
Thanks jrmichler , but I wasn't talking about engine modification, I started looking in engine modification then after research created something that energy efficient in another field
What field?
 
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  • #8
I remember @jim hardy telling me once that after he filed for a patent (see if interested), it was such a hassle that if he had known, he would never had done it.
 
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  • #9
Please use punctuation and standard English syntax.
Be aware that most patents (between 70% and 98%, depending on what’s being measured) are not only not renewed, but their maintenance fees aren’t even paid—the patents are allowed to lapse prematurely—indicating that they aren’t generating value for the inventor. There are many papers discussing this, for example,
https://www.forbes.com/sites/stephe...arket-do-patents-even-matter/?sh=3ec7a2256f37
You might be one of the successful ones, but think carefully before you jump.
 
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  • #10
Bystander said:
Patents are only "hunting licenses;" you'll need a "stable" of lawyers to enforce one.
Is this means that science advancement in problem(in the United States) because the incentives of patents is just not working well ?
 
  • #11
russ_watters said:
What field?
More consumer oriented, not fancy like improving ICEs
 
  • #12
A patent is a license to sue. If someone infringes, you still need to drag them to court to make them pay. Furthermore, whether an action infringes or not is seldom cut and dried. For example, it is likely similar to but not identical to what is in the patent.

As mentioned earlier, enforcing a patent is expensive.
 
  • #13
hagopbul said:
Is this means that science advancement in problem(in the United States) because the incentives of patents is just not working well ?
"Allegation of infringement" does NOT equal "finding of infringement;" nor, does it equal "enforcement" of said finding. "The incentives of patents" ARE working quite well, just not for whom you have assumed.
 

FAQ: Asking for advice about filing for a patent on a new device

What are the initial steps I should take before filing for a patent on my new device?

Before filing for a patent, you should first conduct a thorough prior art search to ensure that your device is novel and not already patented. Document your invention process meticulously and consider creating a prototype. It's also advisable to consult with a patent attorney to understand the complexities of patent law and to help draft a strong patent application.

How do I determine if my invention is patentable?

To determine if your invention is patentable, it must meet three main criteria: novelty, non-obviousness, and utility. Novelty means the invention must be new and not previously disclosed. Non-obviousness means it should not be an obvious improvement to someone with ordinary skill in the field. Utility means the invention must be useful and have a practical application. Conducting a patent search and consulting with a patent attorney can help assess these criteria.

What types of patents can I apply for, and which one is suitable for my device?

There are three main types of patents: utility patents, design patents, and plant patents. A utility patent is the most common and covers new and useful inventions or discoveries. A design patent protects the ornamental design of a functional item. A plant patent is granted for new and distinct plant varieties. For a new device, a utility patent is typically the most suitable, but if your device also has a unique design, you might consider applying for both utility and design patents.

How much does it cost to file a patent, and what factors influence the cost?

The cost of filing a patent can vary widely depending on several factors, including the complexity of the invention, attorney fees, and filing fees. On average, filing a utility patent can range from $5,000 to $15,000 or more. The cost includes patent search fees, drafting fees, and USPTO filing fees. Complex inventions may require more detailed applications and higher costs. It's important to budget for these expenses and consult with a patent attorney for a more accurate estimate.

How long does the patent application process take, and what are the key stages?

The patent application process can take several years to complete. The key stages include filing the application, undergoing a preliminary examination, and a substantive examination. After filing, the USPTO will review the application for completeness and conduct a prior art search. If the application passes the initial review, it will undergo a more detailed examination. The applicant may need to respond to office actions or rejections. Once the examiner is satisfied, the patent will be granted. On average, the process can take 1-3 years, but it can be longer for more complex inventions.

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