Expert: George H. Morgan, P.E., Patent Agent - 1/30/2011

Question
Hello Mr. Morgan,

I am planning on starting an LLC company that sells unique school items. Because I am only 18, I don't have much experience in design engineering, which is a great part of my business. To compensate for this, I have spoken to professors at my local school, to see how they could help me out. One professor I spoke with teaches a class on design engineering, and he himself has a Ph.D in the subject. I spoke with him about one of the products I had thought up of, and he told me he charges 50-100k per project with his own firm. I told him that I only have a base fund of $10,000 to spend towards my business. He then said that another possibility was that I send him a two-page "white paper" on the particular item that I want him to help me develop, and he will make it a project for his class and will show me the finished product. However, he mentioned something along the lines of: that process removes the possibility for a patent. Can you explain to me how this works and what is advisable in this position of mine.

Also, I was going to create a design engineering club at my college. Every week, I would pose a challenge to the members saying that whoever can create the best "pen-holder" for example, will receive $5 from me. If I do this, can I take whatever design the students turn out and patent it for myself? I know this sounds sort of deceitful, but I just want to know the possibilities. With your extensive experience, I hope you will be able to guide me on this topic.

By the way, I have read the basic process for filing a provisional utility, non-provisional utility, and design patents. It seems extremely extensive and costly. Also, I have looked up a few patents to see if some of the ideas I came up on my own were already created and have noticed that the writing is in legalese form, making it very incomprehensible. With only $10,000 to put towards my business, any use of an attorney would quickly drain my resources that should mostly be spent towards developing my products and selling them. Do you have any advice for my position?

Thanks,

Noah Shaikh

Answer
It is not expensive or complicated to file a Provisional Application for Patent. All it is is a written disclosure, supported by drawings, plus the Cover Sheet (a form you can download from the USPTO.gov web site, and a registration fee of $110.

However, thinking in terms of a patent first, is putting the cart before the cart.

At your age, with $10,000 available, I would suggest the wisest investment is in your own education. If necessary, start out at a community college while working. Take computer drafting. Take all the English and Mathematics you can. Electrical or Mechanical Technology courses enables you to reduce your ideas to practice.

To quote Lenin:  "Study, study, study!" The more your train and educate yourself, the more successful you will be as an inventor. The creativity comes from God, it is a gift from Him.
By studying and learning, you develop the ability to reduce your ideas to practice.

Only and inventor can file for a patent. So, a class project, which results in claimable matter, is not something you can file for as the inventor.

Often, the most creative inventors I have met, may or may not have finished high school. However, the more successful ones learned their trade and had skills where they were able to craft their own prototypes.

I do hope this helps.

Best wishes for your success and your projects.


George H. Morgan
Professional Engineer (since 1958)
Patent Agent #26,959 (since 1973)
http://www.evansville.net/biz/patagent