Should I patent my product? 8 Answers as of November 18, 2011

I have a product/idea I would like to pursue. Is it necessary to patent or copyright that product before pursuing a manufacturer or if I type a thorough description of my product and have it notorize is that enought to protect my idea?

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Yang & Wang, P.C.
Yang & Wang, P.C. | Tommy Wang
It would be safe to patent your product or at least, have the manufacturer sign a non-disclosure agreement. Notarizing the description does not protect the idea.
Answer Applies to: California
Replied: 11/18/2011
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
No. All that can possibly do is prove that you invented it first. It gives you no protection. If you think you idea is outstanding and can make you some money, then i suggest you pony up the bucks and file a patent. Unfortunately with the new America invents Act the patent no longer goes to the first to invent but the first to file.
Answer Applies to: Oregon
Replied: 11/17/2011
DANIEL NESBITT
DANIEL NESBITT | Hasse & Nesbitt
Patents are for excluding other parties from making, using, selling or importing the patent owners' claimed invention. A patent is not required to manufacture a product. A notarized "thorough description" may have some value as evidence of the conception of your invention, but it does not provide the benefit of an application filing date, and raises some risks if you are going out to pursue a manufacturer. If it's a great idea or product that can be protected by a patent application, the earliest filing of a good patent application is usually best.
Answer Applies to: Ohio
Replied: 11/16/2011
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
You need to retain IP counsel to advise you concerning strategy for shopping around and protecting your idea. Most likely you will need to insist that anyone to whom you show the idea enter into a written non-disclosure agreement. This may provide you more useful protection than either a patent or copyright. In this regard, our IP laws do not protect mere ideas.
Answer Applies to: New York
Replied: 11/16/2011
The Law Offices of Mark Trenner
The Law Offices of Mark Trenner | Mark Trenner
Typing a description and having it notarized to protect an invention is a MYTH. Contact a patent attorney as soon as possible in order to avoid losing important rights to your invention. A patent attorney can help you determine a proper course of action, including explaining the pros and cons of filing a provisional patent application, a regular utility patent application, and/or possibly a design patent application. Waiting too long to get an official filing with the US Patent Office can result in some or all of an invention becoming public domain.
Answer Applies to: Colorado
Replied: 11/16/2011
    Tran & Associates | Bao Tran
    Notarization is not enough to protect your product. You should file a utility patent application to product your product idea. At the minimum you should do a provisional patent application through your attorney or do it yourself with software such as ProvisionalBuilder.
    Answer Applies to: California
    Replied: 11/16/2011
    Law Offices of Robert S. Smith
    Law Offices of Robert S. Smith | Robert S. Smith
    Most products cannot be protected by copyright. It is not necessary to protect your product under either the copyright or patent laws. However, a patent, such as a U.S. patent, will give you the legal right to prevent others from making, using or selling the product in the United States. Thus, this protection is a power over products made in China and sold in the U.S. Without such protection you may find many me-too competitors.
    Answer Applies to: Connecticut
    Replied: 11/15/2011
    Rhema Law Group
    Rhema Law Group | John D. Tran
    It is advisable you set up a meeting and consult with a patent attorney to discuss your options. It's impossible to provide advice on your invention without knowing more details.
    Answer Applies to: California
    Replied: 11/15/2011
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