fishboat

I have a few US & International also..Given the marketing he did of the product 25 years ago, and the reported acceptance, wouldn't the concept be considered in the public domain at this point & therefore the potential patent ship has sailed? If that's the case, then if the concept truly has any (significant) demand the OP will be in a cost-war of who can mfg and market at the lowest cost.

Areion

Not according to my patent lawyer. Aspects of the original invention have been changed significantly, along with a couple of new features that didn't exist in the first iteration. Essentially, it's a different product, even though the appearance and function is similar to the original.

fishboat

Having a patent atty handy is a big help. If there are differences vs the previous then it comes down to whether the new version is still novel & not obvious vs the prior version and other prior art. I'm not aware of everything you're doing..just be careful..attys most often work on billable hours. If you atty indicates it's a good bet in filing, puts in significant time, and it turns out no patent is awarded..then he/she still got paid.

Reminds me of a joke I heard recently:
> A guy needs a quick consult with his atty, so he sets up a 30 minute discussion and meets with him. The guy figures he'll just pay the atty cash to skip the billing hassle. He talks to his atty, finishes the discussion, drops a hundred dollar bill on the atty's desk, and leaves.

> After the client leaves, the atty grabs the hundred and notices there are actually two one hundred dollar bills stuck together. This presents the atty with a morale dilemma. What's the morale dilemma?

> answer..the dilemma is whether or not the atty tells his partner about the extra hundred.

Keep your eyes open..

MuddyBikeRider

It depends if he disclosed to the public. If it was just to people to make it, then he would be OK. However, even if he did disclose it to the public, it could still not be considered prior art. For instance he could have disclosed a bike, so he'd lose that protection, but then he could go on to patent his design of a bike.

MuddyBikeRider

Nice logo.

Areion

Thanks!

netman9718

In regards to my earlier response I developed a new deer stand for hunting. My dad has a extensive background in metal fabrication. We built the stand and took it hunting in Arizona. While there other hunters asked about my stand. I took orders and upon returning home we started building and shipping them out. I got concerned about owning a 'ladder factory'. I was concerned about liability. I contacted a attorney friend I have hunted with about marketing the stand and liability issues.
I reached out to the largest deer stand manufacturer in the US. Summit stands. I emailed, then they asked for a phone call. We did a phone call then they asked me to come to their factory in Alabama.
I'm country and showed up in jeans and flannel shirt.
I went over the stand with several big wigs and engineers. Before I was done they told me they wanted the product and to have my attorney to draw up the paperwork.
My attorney friend John Riffle of St Louis drew up a contract and we negotiated a royalty payment. Still rolling.
I also developed and designed a goose call that I sold all rights to another outdoor giant Hunter Specialties. I have a copyright on that call.
I don't know the fancy terms for marketing however I know how to talk to people and know how to conduct business. My oldest daughter is now an attorney so I have someone on speed dial.
If I can do this you for sure can do this.

StanSeven

Like an email from someone wanting to give you $10 million later if you could just send $100 now

StanSeven

That's good you have a patent attorney. I'm limited in what I can say because I used to work at PTO but be careful of advice from a non-experienced attorney.

The MBR advice isn't exactly correct.

MuddyBikeRider

It got me 40+ patents and still going. =D

OP, usually patents with the USPTO go like this:

You: Ok I filed my patent. I can't wait!!!
Patent Office 8 years later: NO.
You: What the heck, they didn't even read it. Guess I'll send them more money to re-review.
Patent Office: No
You: Dang, they still didn't read it. They are claiming prior art because of a goldfish and I am patenting an X-ray machine. Oh well, guess I'll send them more money.
Patent Office: No, and we're done, "But you can appeal if you pay us more money."
You: WHAT.THE.HECK. Guess I'll send them more money and appeal.
Patent Office Appeal Board: Yeah that's patentable, send us money to issue it.

MuddyBikeRider

OP, where a patent helps is when someone is going to buy your company or you are going to raise a venture round. In those cases, having a patent, even a pending one, gets rid of a lot of diligence hassle.

Gresp15C

Just a minor note: The America Invents Act, passed a few years ago, adopted "first to file" in the US, to bring us into harmony with the rest of the world. Under the new system, the provisional is what gives you that one-year grace period.

Note: I'm not a patent lawyer, but I have 14 US patents.

MuddyBikeRider

You still have the one year grace period, however it has a few caveats now. However, it's so cheap to file a provisional as a micro entity that the OP should.