Patent questions...

[Eirinn]

Ok, getting ready to submit a patent, however, I have a few questions. I want to wait to have the patent formalized via an attorney before submitting the idea to be cleaned up by an engineer, designer, etc.

From what I understand is that the "concept" or "idea" is what is patented, correct? So that if by the time a designer, prototype process is complete, if it functions the same but asthetically looks different than the designs submitted during the patent process, it should still be good, correct?

[vangogh]

I guess it depends on how you define idea and concept. You don't need a prototype to get a patent, but without one I think you'd need all the drawings and schematics and explanation for how you would go about building the prototype. I don't think it would be a problem if the prototype ends up looking different as long as looks weren't part of the patent.

[MGibson]

I hope this is useful to you. I noticed you posted over a month ago, so maybe you've already proceeded. If not, read on :)

To answer your question, it really depends whether you are planning to file a utility patent or a design patent. A design patent protects the ornamental design, in which case the aesthetics really do matter. In fact, the patent itself is really just drawings of your design.

When most people say they want to file a patent, they mean a utility patent, which protects the function, use, process, structure, etc. If this is what you mean, then use, it's more about the idea or concept. You'll almost certainly want some help drafting the application and the claims. I've seen lots of people try to go completely on their own, and really make some big mistakes. It's not that you can't do a lot on your own, but if it's your first time, it will probably be worth it to get some professional help.

Let me give you an example. Let's say you invented a new type of combination lock with a unique internal locking mechanism. You might decide to file a utility patent. If granted, you would be able to block other people from making a lock with that locking mechanism, not matter how it looked. If, on the other hand, you decided to make a unique looking lock that looked like a cat (just an example :D), you might file a design patent. If granted, you could prevent other people from making a lock that *looked* like that, even if they use an entirely different internal locking mechanism.

Design patents are pretty inexpensive and pretty quick, but their protection is not as broad as utility patent since your protecting a specific look instead of a "concept" as you described. A utility application in the US will probably cost $3000-15000 to prepare with an attorney, plus fees down the road over the next 3-5 years. Total cost is often $15-20k. A design patent is usually much cheaper with costs around $500-5000 to prepare the application. You usually get it granted within a year.

As an FYI, I'm a registered patent agent who has prepared and filed both, so this information is from training and experience working with law firms and companies.