

When do i file for a patent? - mrt0mat0

I have, what I think is a great idea, but it will take me some time to develop and test it. As far as I know, the idea is unique but I don&#x27;t know if I have to make it first to patent it or just patent the idea, or is the idea all that matters? Help.
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lutusp
> When do i file for a patent?

 _As soon as possible_. A basic change in patent law has recently gone into
effect, which (at risk of oversimplification) grants a patent to the first
person to file, rather than the first person to invent (the old standard).

[http://en.wikipedia.org/wiki/First_to_file_and_first_to_inve...](http://en.wikipedia.org/wiki/First_to_file_and_first_to_invent)

> As far as I know, the idea is unique but I don't know if I have to make it
> first to patent it or just patent the idea, or is the idea all that matters?

* Ideas can now be patented, so don't wait until you have a working embodiment -- by then, someone else may have patented the idea.

* You need to consult a competent patent attorney, not a public forum.

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mrt0mat0
thanks! Do you recommend a google search for an attorney or a site that might
help me along the way?

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lutusp
Because of the complexity of these issues, you should try to get an attorney
that's both competent and local. So a simple Web search won't be that
conclusive.

By the way, this sort of thing is very expensive.

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mrt0mat0
Yes. I looked up a few in my area, and... yeah. expensive. I'm not sure what
to do at this point. I mean, I can pay that high amount of money and hope my
product is a success, but that's a lot of money for a giant maybe. My odds may
be better with some scratch offs

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mchannon
Two tests- 1) Is your idea so great that not only you'll be making money with
it, but someone else would want to knock it off so they could make money with
it? If not, don't patent.

2) Are you prepared to seek funding for, develop, test, prototype, produce,
and market it with full gusto? If not, don't patent it until you are. You lose
control of the clock as soon as you start the process, so you better be ready
to ride the wave.

