Expert: George H. Morgan, P.E., Patent Agent - 10/9/2009

Question
I’ve got a couple of ideas. One is a souvenir for a specific California coastal town, and the other is a Christmas decoration. As far as I know, both ideas are completely unique and original. At least, I have yet to see anything resembling them on the market.

What I want to know is, do I need to create an actual, fully-functional example of my idea (i.e. make it myself), or draw up blueprints or anything like that in order to obtain a patent? Or can I just describe in detail what I’m thinking? Because I have no clue how to physically produce the items in question. Both ideas are partly based on existing products, so I am sure someone out there can easily take my ideas and figure out how to apply them.

Answer
It sounds like you have ideas for the category "Design Patents". Those are relatively easy to do.
Get the book "Patent It Yourself" by David Pressman, published by Nolo Press in Berkely, California. It is in most free public libraries. The patent covers the shape or design of your idea. All it comprises, primarily, are a view of each side, and "boiler plate" claims.

If you are something of an artist, or mechanical draftsman, you can even do your own drawings. There is a good book on th is also, "How To Make Patent Drawings" by Lo and Pressman, again, published by Nolo Press.

The filing plus award fees come in well under a thousand dollars.

If I did all the work, including the drawings, you would spend in the $1,600/2,000 ball park, counting my fee, drawings, government fees, even postage.

My free website (you don't even have to register) has a considerable amount of free information of inventors, creative people, and parents afflicted with creative children.

On the Inventors Resources page, I have a link to the Ronald J. Riley "scam alert site" I call it, where it details a lot of information on sharks that prey on inventors. Many of which advertise on TV. Some even have links on AllExperts. When I complain to AllExperts, they blame it on Google. Some of these folks include Worldwide Patent Assistance, Inventors Submission Corp., Invent Tech, Absolutely New (formerly New Idea & I believe merged with IP&R, another shark. So, beware of any firm advertising to help inventors. The serious licensing executives are members of the Licensing Executive Society which screens their members who don't have to advertise for clients.

I hope this helps.

George H. Morgan
Professional Engineer (since 1958)
Registered Patent Agent (since 1973)
website: http://www.evansville.net/biz/patagent