[Jewelry making - Article 00684] - Re: [Orchid] Patent Process

[John Burgess]

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G'day Ruth.

    About 50 years ago I invented two small devices for use in
    laboratories, and I was told I should patent them.  The steps are: 

    1. Research at the patents office to determine if a patent already
    exists on the invention,   You can do this yourself at the Patent
    Office, or you can employ a patent attorney to do it for you 

    2. If a patent already exists on the idea, or something very like it
    you will have to decide if it worth pursuing 

    3.  The next step is to produce plans and specifications which can be
    registered; for which a small fee is charged. But this gives you no
    real protection! It merely claims prior disclosure - thus if anyone
    comes up with something very similar you can prove you thought of it
    first. So don't disclose the idea to anyone until you have registered
    a preliminary disclosure. 

    4. Next  step is to apply for a patent. This will be subjected to a
    rigorous examination to determine if any part of your idea has prior
    disclosure from some other entity. 

    5.  If you are granted a patent right, then that will then have to
    be registered in every country likely to want to use it. 

    By the time you have finished you will have spent many thousands of
    dollars. 

    In my own case I managed to sell my ideas, plans and specifications
    to a laboratory supplier and thereby renounced all further claims.
    The supplier put the devices into production, (but I suspect they
    made little money out of them.) They did give me an item off the
    production line 

    However, don't just take my word for it; go to your local Patent
    Office and check up that these rules are what is necessary in your
    country My own attempt was in England, and of course I did not
    pursue the patent matter any further after filing preliminary
    disclosure - for obvious reasons.   But if you approach any company
    with the idea of selling the idea direct and let them patent it if
    they want, then the first question they will ask is if you have
    claimed prior disclosure.  If you haven't they will tell you they
    don't want to know; but to come back when you have done that. 

    To answer your final question - take the money and run! And good
    luck! 

Cheers for now,
JohnB of Mapua, Nelson NZ

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