Unless he's already rolling in dough, I'd say a million plus
royalties is a hell of a start. If he's actually been offered
that, he should go with it.
He will no longer have the intellectual rights to it if he
sells it for a million plus royatleis and NONE of the
infringement etc. will be his problem: The company owning the
intellectual rights to it will be the ones concerned with most of
the things brought up here.
If they're willing to pay a million for it, they'll also
gladly help get it patented in Europe or wherever the markets/mfg
areas may be determined to be.
Unless he's a flash in the pan, this will be only the
beginning for him. IFF this story has any factual basis to it,
that is. Infringements or not, there WILL be royalties, and each
nickel adds to the future plans to go after the infringers; you
do not do that immediately.
Patents do not cost a small fortune. Actually, they are very
cheap to get. It's the preparations and the forms that people
get taken for. O'seas does cost more because you need technical
writes and language translatiors, but that's why companies have
legal depts wherever they are located. It's easy to submit for a
patent, do the patent search (which is no guarantee BTW that you
aren't infringing) in NA and not a lot harder in Europe (EU) once
you know what to do, what the correct syntax is, and find a good
That guy needs to chat with the SBA and a few other reliable
sources to get some experience and decent advice under his belt.
A lawyer is NOT the place to start! You also are not the person
he needs for advice, judging by your lack of understanding and
several other things about your post.
: > Has anyone ever tried to market an idea or invention? ... The
big hook is,
: > there is a Co.
: > interested in it for 1mill and royalties, but first we need
: > Europe. This poor guy should be warring a T-Shirt that say's
"I should of
: > said no". But what would be a better way to try and Market or
: > Idea?
: > Or do you just hope you don't get racket over the coals?
: The problem with patents is that they cost an absolute fortune
to get via
: the usual channels (as your friend seems to have found out) and
: virtually no protection in the real world unless you have the
money to go
: after all the people who WILL use the idea without paying for
Using an idea and making profit from it are two different things.
Does this thing need tooling, inventory, etc. etc. or what?
That's rhetorical but point is, it's not as simple as you would
like it to be.
: way things are now, Acme Company will infringe on your patent
: call your $250/hr lawyer to prepare the paperwork for an
That's not the first task; lots of upfront work to do first.
Injunctions may never be used, and often are ineffective anyway.
: time it's served, Acme has disappeared and the same people are
: themselves Worldwide Widget Corporation so your lawyer gets
: and this goes on until you run out of money.
Which is why he needs more advice than can be found on a
Meanwhile your competitors are
: raking it in --
Not verly likely.
it's a lot cheaper to dissolve a company and file papers to
: start another one than it is to prosecute under the patent
laws. Or maybe
: your competitors are honest. All they have to do is modify
some part of
: your invention's "claims" section and they have a whole new
thing in the
: eyes of the USPTO. From what I can tell (I have a couple of
: patents are more trouble than they're worth, and any company
big enough to
: be interested in licensing an individual's personal patent will
: have enough technically-savvy people to "improve" on the patent
: around it without paying any money to the original inventor at
Your experience in the patent arena sounds very suspect and a
company patenting something you worked on is has no similarity to
a single person patenting anything.
It's also not true that you can change the size of a bolt and
patent it as a different machine and claim it as your own.
Patent definitions and descriptions and disclosures are much more
complex than that. You're either the victim of, or the source
of, some large amount of misinformation and myths concerning
patents and the patent office. They're onine and easy to access
if you want to know more.