Ever get a patent for an original prop?

[Cptnchaos]

Has anyone ever gone through the process of getting something patented? I am working with someone on some "props/pieces" that are originals and trying to help get a patent.
If anyone HAS done this and wouldn't mind offering some suggestions or insight into the process I would be very grateful to speak to them about it.
Thanks!

Damian

 

[CustomCreations]

Ive been trying to get a range of #ahem# made up - mine are all original too.
Are you sure you are talking about a patent, and not a copyright ?
A patent, if I remember, is a 'Process', so a maunfacturing technique, or a unique way of, say, powering a bicycle.
Design is another matter. here in the UK you can protect yourself by simply putting the copyright logo on EVERYTHING you own about the work, and sending it to yourself. I think the US actually have 'holding posts' for this kind of thing.
Also get anyone to sign an NDA before they view your work.
PM me if you want to talk further- maybe we are looking for the same goal !!!

Dan

 

[Emeldahay]

I understand the "sending it to yourself" method doesnt hold water.

I did it in the 80`s when I produced Spectrum and C64 computer games from my bedroom. Id post them to myself thinkng if they remained sealed it offered protection. Heard from numerous sources years later it was a waste of time.

 

[Darth Lars]

Just do not confuse patent with copyright or trademark. These are three totally different kinds of intellectual property.

 

[Mike J.]

You could get a Design Patent ...

"A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation." - USPTO

This kind of assumes your prop has no 'functions'. Functions might call for a 'regular' patent, or both.

But I'm not a patent attorney.


-Mike

 

[drusselmeyer]

R2D2's design was patented back in the 70's...(not by Lucas BTW)

"Posting" to yourself was broken several years ago when WB lawyers created new standards of IP -eliminating the "poor man's copyright". Now it is possible to have your IP stolen if you do not use official channels to protect it.

 

[MattMunson]

I always thought the "mailing it to yourself" method was full of holes anyway. I could put an empty, unsealed envelope into the USPS today, have it sent to me, and it would arrive with a postmark. Ten years in the future, i write up my "original" design for some multi-million dollar product, and drop it into the envelope, seal it up. Boom, I sue! right???

In general, unless you think your idea stands to make at least half a million bucks, it's not worth pursuing as a patent, trademark, or copyright. I've filed for eight patents through a previous employer, and I can tell you that it's a WILDLY expensive process both to file, and to maintain your patents. It's all in lawyer fees, of course, but you have to use a lawyer to get it done right. I imagine the same is true for TM and CR.

Think of it this way: if someone genuinely stole your idea, how much would they have to make in profit for it to make financial sense for you to hire an army of lawyers to pursue getting money out of them. Oh, and it will probably take five years to see the trial through.

 

[MattMunson]

Oh, and FWIW, you can patent ANYTHING.

 

[Cptnchaos]

Thanks one and all for the info. I will do some more research for my friends and hopefully things will work out for them in the long run.

Again. Thank you

Damian