How do you file a patent? Is it worth it in my case?

[maxpr]

I was considering filing a patent for something that can be distributed via mobile phone (text or mobile email).

Since I would not be reinventing the process itself (but merely trying to patent the "idea" i.e. the specific type of info to be distributed via mobile phone; while I perhaps work out the details)...can it be worthwhile to attempt a patent?

I would like to go the non-lawyer route if possible because shelling out cash for something like this might not be beneficial in the end.

Anyone have any experience with patents...?

I WOULD NOT be filing a patent for a smart phoneesque "app" but since this is somewhat (using somewhat, very loosely) similar to the idea; have people who created particular apps been successful in patenting them?

[Sven]

Patenting an idea is a waste of time. In most cases ideas turn out to be impossible to turn in to a product. In the US you can patent software but there is a big difference in software and an idea.
Without more info it is impossible to tell more...

Oh, and search the forum for more info on patents.

[Katrinebonn]

Hi my name is Katrine Bonn and I'm from California. I think there's a Government agency who handles that :).

[Sven]

Hi Katrine, welcome to the forum.

Sorry, no there isn't. There are government organisationts where the patents are filed but the handling is either done by the inventor or by another party such as a patent lawyer.

[maxpr]

Patenting an idea is a waste of time. In most cases ideas turn out to be impossible to turn in to a product. In the US you can patent software but there is a big difference in software and an idea.
Without more info it is impossible to tell more...

Oh, and search the forum for more info on patents.

Sven, so software can be patented...interesting.

I sort of was misleading; I meant I would patent the idea for the software and while it was being processed work out the actual meat and potatoes...only problem is, I would have to hire a programmer :(

But thanks for the heads up on software.

I know there are patent advisors who help with the process who are paid by the gov't but they DO NOT help you through the process, just provide you with insight/guidance (from my understanding).

[Sven]

It goes a bit too far for my skills in writing English but I feel it is a total waste of time and money to file for a patent and then have someone else do the difficult stuff. It seems to me that you then will not understand what the patent is about, making it easy for others to run with it. That patent would be useless...

[maxpr]

It goes a bit too far for my skills in writing English but I feel it is a total waste of time and money to file for a patent and then have someone else do the difficult stuff. It seems to me that you then will not understand what the patent is about, making it easy for others to run with it. That patent would be useless...

True...no lost sleep from me, was just a "thought" I had and wanted an opinion on it.

Thanks Sven!

[camdengirl]

Think of Dyson - they have something like 182 patents on their vacuum cleaner - they relate to design, technology etc. but as far as I know you can't patent an idea, so their bagless vacuum goes unpatented.

E.g. Let's say I wanted to patent the sandwich filling "Apple & Mayo" - I'm going to call it "Camdengirl Special" and I'm going to file a trademark for it so no one else can use the name "Camdengirl Special" in relation to sandwiches. But I can't patent the idea because there is no specific technology or design... Maybe if I cut it into star shapes and had a special tool to do that... But then you just get someone coming out with a diamond shaped Apple & Mayo sandwich called a "London Special".

Not really worth the money - you can't effectively protect an idea, there will always be products that imitate yours.

[aho2zds]

Look in the blog on this site. Search for Stephen Key's Renting Ideas to Fortune 500 Companies. He seems to typically deal more w/ hard products. But it should at least help get you started in the right direction.

[AlexMoen]

It sounds like you probably can't get a patent for it (but you are leaving out lots of key information, so it's tough to judge). To receive a patent it needs to be both novel and nonobvious. This means not even all inventions can get patents, and it's sounding to me like you have little technology behind this idea and that it's simply a way you're formatting the text or what's in the text itself.

You could patent the software used, but it sounds like the "idea" is what you're trying to protect- like Sven said, this would not work. You would need to somehow tie your idea into the software itself, and (to my knowledge) need to have it created before you can patent it.

It sounds like copyrighting is more up your alley.

[kamakiri]

A patent is only as good as your ability to enforce it. If you don't have the cash on hand for a protracted copyright infringement trial, then it is pretty much worthless.

[Marcie]

Concurring with the crowd here, you can't patent software in general, just unique code/design/technology within it...if there is something novel or unique you've got, but also agree way to expensive, time-consuming, and you're never truly 100% protected...