First, a patent search is critical for the small inventor so he doesn't waste his money. But many can do their own searches. And most big companies DO patent searches. I do them for big companies all the time.
Second, it does NOT matter if a company looks at a patent. They can get sued whether they copy the idea or not. However, knowledge of the patent can triple the damages.
Some patents issue within a year, others take more than 3 years. It depends on the technology.
One can build a business on a patent if the invention is good enough (and profitable enough) It has been done MANY times.
Not looking for prior art is idiotic. If the concept already exists, one can get, at most, only narrow protection which is useless. Better to find the art before spending the money.
Second, putting a line limit on claims is also idiotic. If the invention is very specific, longer claims may be necessary. But that doesn't make the patent less valuable, if the invention is really useful.
Third, there are far more than 6 good patent firms. Further, even a badly written patent can hurt you.
Fourth, more patents are not necessarily better. One well-written patent is worth far more than a dozen poorly written ones. Courts put no weight on the number of patents, only on what they ultimately say.
This cynical view of yours is bad advice.
Very few people will make money by litigating. Most people patent to license or protect their invention while they attempt to market it. Anybody who patents an invention hoping to make money by suing others had better have a HUGE bank account, as we are talking $500,000 for a simple infringement lawsuit, in many cases.
Most of the time, an infringer is stopped merely by being informed about the patent. Either they will buy a license, or they will stop selling the product.
First, even if they move offshore, if they want to sell in the US, the patent protects the original inventor.
Second, a patent must stand up in court. That is why specialists are used to draft patents. Anybody who thinks that an engineer will typically have this skill is foolish. Engineers use accountants to do their taxes, hire professionals to manage their stock portfolio, and take their autos to mechanics. Why should patents be drafted by amatures?
Yes, it costs money to get a patent. But the cost is small comparted to the benefit if the invention succeeds. The most difficult part of inventing is NOT patenting the invention, but marketing it. That is where most inventors fail.
One can file a Statutory Invention Registration (SIR) with the patent office. But beware. This tells everybody about your invention, although it will clearly prevent others from patenting your invention (unless they invented or filed first). This is NOT a patent, and does not give any patent rights.
Mailing does nothing at all for copyright, and very little for patent protection. Copyright protection is automatic, although registering with the Copyright Office provides benefits if you need to sue somebody. But copyright only protects against copying, thus keeping something in a sealed envelope guarantees that you cannot sue under copyright, because the alleged "copier" could not have had access, and thus could not have copied. If two people independently create something, they BOTH own a copyright in that creation, and neither party can sue the other for its use or sale, etc.
In contrast, patent protection only works if you get a patent. Proof of prior invention (Such as mailing oneself the description of the invention) may be used invalidate another's patent if they invented later, but it does NOT give the mailer any patent protection whatsoever.
Slashdot Mirror
First, a patent search is critical for the small inventor so he doesn't waste his money. But many can do their own searches. And most big companies DO patent searches. I do them for big companies all the time. Second, it does NOT matter if a company looks at a patent. They can get sued whether they copy the idea or not. However, knowledge of the patent can triple the damages. Some patents issue within a year, others take more than 3 years. It depends on the technology. One can build a business on a patent if the invention is good enough (and profitable enough) It has been done MANY times.
Not looking for prior art is idiotic. If the concept already exists, one can get, at most, only narrow protection which is useless. Better to find the art before spending the money. Second, putting a line limit on claims is also idiotic. If the invention is very specific, longer claims may be necessary. But that doesn't make the patent less valuable, if the invention is really useful. Third, there are far more than 6 good patent firms. Further, even a badly written patent can hurt you. Fourth, more patents are not necessarily better. One well-written patent is worth far more than a dozen poorly written ones. Courts put no weight on the number of patents, only on what they ultimately say. This cynical view of yours is bad advice.
Very few people will make money by litigating. Most people patent to license or protect their invention while they attempt to market it. Anybody who patents an invention hoping to make money by suing others had better have a HUGE bank account, as we are talking $500,000 for a simple infringement lawsuit, in many cases. Most of the time, an infringer is stopped merely by being informed about the patent. Either they will buy a license, or they will stop selling the product.
First, even if they move offshore, if they want to sell in the US, the patent protects the original inventor.
Second, a patent must stand up in court. That is why specialists are used to draft patents. Anybody who thinks that an engineer will typically have this skill is foolish. Engineers use accountants to do their taxes, hire professionals to manage their stock portfolio, and take their autos to mechanics. Why should patents be drafted by amatures?
Yes, it costs money to get a patent. But the cost is small comparted to the benefit if the invention succeeds. The most difficult part of inventing is NOT patenting the invention, but marketing it. That is where most inventors fail.
One can file a Statutory Invention Registration (SIR) with the patent office. But beware. This tells everybody about your invention, although it will clearly prevent others from patenting your invention (unless they invented or filed first). This is NOT a patent, and does not give any patent rights.
Trademarks cannot be used for ideas. Trademarks are only for identifying the source of goods or services.
Mailing does nothing at all for copyright, and very little for patent protection. Copyright protection is automatic, although registering with the Copyright Office provides benefits if you need to sue somebody. But copyright only protects against copying, thus keeping something in a sealed envelope guarantees that you cannot sue under copyright, because the alleged "copier" could not have had access, and thus could not have copied. If two people independently create something, they BOTH own a copyright in that creation, and neither party can sue the other for its use or sale, etc.
In contrast, patent protection only works if you get a patent. Proof of prior invention (Such as mailing oneself the description of the invention) may be used invalidate another's patent if they invented later, but it does NOT give the mailer any patent protection whatsoever.