Patents protection

[potatoland]

Been looking for "Need Advice" column like old delphi forum, but cant find.
So bo bian, post my qn here...

Very simple qn abt patents.

1) For a patent to be successfully implemented, does it have to be registered one by one at different c'try?

eg. Will there be a case where by, i register this pdt in US under US patent, but people can copy the idea & manufacture & sell in other c'try which i didnt register the patent at?

2) Is there a alternative way of registering my patent, such that, once registered, its cover by most c'tries? And any idea which c'tries are included?

Thanks..

 

[Spermlord]

File in under PCT, but still have to enter national phase to file in seperate countries that you want the patent protection to be in force. A lengthy and costly process that involves strategic planning as that where your products market is going to be.

 

[tonychat]

Trying filing at patent in china, and see what happens...

 

[potatoland]

File in under PCT, but still have to enter national phase to file in seperate countries that you want the patent protection to be in force. A lengthy and costly process that involves strategic planning as that where your products market is going to be.

PCT is "Patent Cooperation Treaty"? I just googled it.
So even if u enter the national phase, who will be the one enforcing that no one copy ur design?

Seems like this patent thingy not so useful?

In fact, my qn of Patent protection is not for me to patent a design. But for me to copy a patent design, then manufacture in China, then import to singapore to sell. How feasible is this idea?

 

[tonychat]

But for me to copy a patent design

This is a sinkie idea. Don't you have any idea from your own self? Why need to copy? I think you mix around with china chinese too much.

Check this out: http://sammyboy.com/showthread.php?t=4236

 

[twochan]

Well, learning by copying is always a first step. He's just at that stage yet.

Once you have learned all you can, you can try innovating.

However, it seems that most Singaporeans can't innovate. They can only learn.

Not good in the long run.

 

[potatoland]

This is a sinkie idea. Don't you have any idea from your own self? Why need to copy? I think you mix around with china chinese too much.

Check this out: http://sammyboy.com/showthread.php?t=4236

Dont like tt ley.. i'm not here to be judged by anyone, but am here to ask qn to see how workable is this idea & how way off am i on the law side, & anyway to siam it.

I view myself this way. Good design/idea need to be shared to all, but always, a patented good design/idea come at a high cost, which is not accessible to all. I treat myself as someone who can identify good design/idea, and make it at a cheaper cost, so that everyone can benefits.

 

[pia]

Dont like tt ley.. i'm not here to be judged by anyone, but am here to ask qn to see how workable is this idea & how way off am i on the law side, & anyway to siam it.

I view myself this way. Good design/idea need to be shared to all, but always, a patented good design/idea come at a high cost, which is not accessible to all. I treat myself as someone who can identify good design/idea, and make it at a cheaper cost, so that everyone can benefits.

While it's wrong to copy blatantly a design, and I won't advocate that, why don't you improve on it then patent your improved design (although you still need to take care you have done enough differently so as not to be sued for passing off). Otherwise you'll be on the wrong side of the law, and may be subjected to lawsuits in future, whatever you good intention may be.

 

[potatoland]

While it's wrong to copy blatantly a design, and I won't advocate that, why don't you improve on it then patent your improved design (although you still need to take care you have done enough differently so as not to be sued for passing off). Otherwise you'll be on the wrong side of the law, and may be subjected to lawsuits in future, whatever you good intention may be.

Precisely, my thots, but 1st i muz know how protective is this patents issue. I heard many stories that patents are all bull shit one... cos people can juz reinvent it and pass off as a new patent. And, a patent registered in USA, is only protecting the mkt in USA, if eg. Singapore is not registered for that patent, someone may juz simply take the idea and sell in Singapore mkt, without infringing any law. That's why most companies, when they have a big idea, they will 1st patent it in major countries, covering most of the world mkt, then those small small mkt, they will juz ignore it.

Dont know how true is the above... anyone knows?

 

[whystay]

First thing, speak to a patent lawyer, a GOOD one. There are many IP lawyers here but very few are any good. I know some will sub-out the work to Australian or US patent lawyers and charge you double. If you want a name, PM me. Usually, first meeting with the lawyer is free. But do some research first about the whole patent process so you don't waste his time explaining to you about that.
Regarding PCT, it doesn't cover all markets so you have to add those to your list if you want them (pay extra). Markets that you did not register will be a free for all.
An alternative (if you are brave) is to file it yourself. The actual filing process is quite simple BUT because you are not a lawyer, you will make mistakes in your application that even while it may be granted, does not afford you the full protection you require. For example, you may be granted a patent but in your application, you did not make clear certain characteristics of your invention or whatever (ambiguities). A competitor can take advantage of that and blow you out of the water. And then, when it comes to law suits, you may not win because of those ambiguities. But DIY can be good if you simply intend to hit and run or if you know the behaviour of your competitor ie. they are hamstrung with other stuff or simply can't be bothered. Again, proceed at your own risk.
But even with proper application, your competitor can still tie you up in the courts and bleed you dry. Also, are you prepared to defend your patent to the fullest extent? If not, then don't bother because if you do not defend even the smallest infringement, you open yourself up to being in an indefensible position when someone does outright copy you.
No fun, huh?
Some advice; if you want to sell the product yourself, don't bother with the patent. Chances are you do not have the marketing and distribution power to make a patent worthwhile. Most patents are worthless in that they make no money for the inventor. The real money in patents is licensing the rights to someone who does need it.