

Ask HN: How to file a patent? - mechanician

I am developing a mechanism that I would like to file a patent for.  Does anyone have any useful references they could point me to regarding the process?  I am trying to avoid hiring a lawyer.
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nudge
Do hire a lawyer. I have spoken to many patent examiners and they agree that
applications not written by professionals are very difficult to work with. You
might still get a patent granted, but your claims won't necessarily have the
optimum scope. The language is extraordinarily difficult to learn and it will
take you an enormous amount of time to become competent - time you could spend
more profitably elsewhere.

I would also recommend you get a search done before you go through the whole
process of trying to get a patent, so you can see whether what you are trying
to patent exists before you go through all the work (and cost) of getting an
application written.

Also, beware: the patent gives you nothing unless you are willing to defend
it. Seriously. If someone violates your patent you will need to sue them to
get them to stop. And you'll need a lawyer for that too.

~~~
pbhjpbhj
I used to be a patent examiner.

I'd agree that there are a few pitfalls to it, but to get a decent patent
_submission_ is no more arduous than writing a technical essay IMO.

If you've read a lot of patents the format will be clear. There format is
pretty strict and consistent across jurisdictions. The spec has to support
your claims, showing how to implement your invention, the claims have to be
one sentence and demarcate the legal monopoly. You can claim hugely broad
(normal technique) and then narrow them down later; if you claim very broadly
however the examiner may just issue generic citations for the search which
won't help you get a patent with strong validity.

Search, yes. Again, it's not rocket science but patent examiners do have
access to dedicated technology databases including relevant journal databases,
things like IBM techical bulletins and often their own internal libraries, as
well of course as better search tools for the publicly available patents.
Espacenet is a pretty searchable db, Google have a patent search, IBM used to
have a good one and their TDB were often useful. Use the USC, IPC, EPC
classifiers to speed up your search.

Caution: IIRC in the US you're required by law to submit the findings of any
search you make, if you do a really good search and find decent prior art that
can come back to bite you doubly if you fail to disclose it.

Mechanical tools may be better protected using other IP like industrial
design, also trademarked shape can be good to prevent direct ripoffs.

As for nudges last point - what it does give you is some measure of protection
against being sued for performing the invention in your granted patent. But
it's likely that tech you're building on is patented too in which case you may
need to attempt some sort of cross licensing.

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eande
A good starting point is the Nolo book "Patent it Yourself". Best reference
book for this matter I can recommend.

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asimecs
A provisional patent application or a real patent? PPA has less requirements
and are cheaper to file to get temporary protection. Eventually you still need
to file the real one after 1 year of filing PPA or 1 year of offering for
sale... Read "Patent pending in 24 hrs" for PPA...

