Spoke with a patent attorney

Today I spoke with a patent attorney to protect my first product before I start the crowdfunding campaign. Apparently there are dodgy people that troll these sites to steal popular ideas and get the products to market before the campaign is even over. Therefore, it’s even more important that I apply for my patents before the launch.

I did hours of research back in June to see if there were other products like mine already out there. Fortunately, the answer was no for two of the products as far as I can tell. For the last one, I can’t be sure as there is an US patent that might conflict, but I need a lawyer to look at that one harder.

This research also made me realise that it’s far too complex for me to apply directly – hence why I spoke with a patent attorney today.

After that teleconference, I decided to go ahead and apply for provisional patents in both Australia and the US for Product #3. These are my two target markets in the short to medium term. Hopefully, this will deter any scammers from trying to replicate my ideas, and further help my marketing campaign.

Unfortunately, the legal fees will be as much as the design costs. I can’t see another way around this though because the documents are so technically complex.

The only good thing is that this firm agreed to work with me on a deferred payment plan since I had worked with them before in previous jobs. If I’m successful in obtaining the grant next month, I’ll use part of that money to pay them. If not, I’ll have to pull that money out of my dwindling savings account.

Patent research

I spent most of the day researching both Australian and international patents for anything close to my products. It’s exhausting especially since I’m not an expert in “legal-ese” or product design. There doesn’t appear to be any active ones in Australia which is good. It’s hard to know for sure for the other countries though. As much as I want to consider everything while finalising these designs, I can only spend so much time and money on this now. I’ll have to revisit once the products are proven here, and I’m more serious about exporting.

Today, I also had a good chat with Manufacturer #3 which took forever to organise with them. I have a phone call with Manufacturer #4 (referral from a friend) tomorrow. I want to have a competitive process for selecting my manufacturer to ensure I get the best price and engineering team on board. This is especially important since I’m looking for a long term relationship with them, and the cost of stuffing up a design could cost me 5-figures for a new mould.

Intellectual Property

Everyone keeps reminding me that I need to protect my intellectual property (IP). So, today I spent a few hours looking at the patent process. I know I need to do this, but I’m constantly weighing the cost of protecting ideas and designs that haven’t resulted in a cent yet. Still, if I want to attract investors, I know that my company will be worth more if I have protected IP.

IP Australia has lots of great information on its website. They’ve suggested that the “application to a standard patent” process can cost about $12k per product just in Australia alone, but I’m not sure if that includes legal fees. Ouch! Afterwards, I still have to apply and pay separately for other countries.