Home – New Forums Starting your journey Group Patent or go it alone?

  • This topic is empty.
Viewing 8 posts - 1 through 8 (of 8 total)
  • Author
    Posts
  • #972948
    Jasignature
    Member
    • Total posts: 14
    Up
    0
    ::

    Hi Soloists,

    Well I have my idea and on paper, there is no reason why it shouldn’t work.
    Now I’ve taken IDEO’s advice and shared the idea with 3 other Divers of whom are my Dive Buddies, because such ‘innovative/inventive’ creativity never succeeds alone. True I would say, as it would be so much harder to do such alone. I might be mentally clever, but I’m not mentally smart or physically smart or physically clever, so I think it would take much longer to try to fill the gaps myself.
    This is all good.
    But I am wondering about the Patent factor…
    Should I Patent the ‘idea’ under my own name or should I share equally with my 3 other Dive Buddies come fellow Innovators (in their own special way) as a ‘Group Patent’ if such a thing exists?
    I just thought I should ask, although I will straff through previous Threads and Discussions to see if such questions have already been gone over, as best I can.
    (you can post the link here if you know it)
    cheers,
    :)
    PS (edit): Now I know this Forum is “Solo” in its way, but would it be wise for my first venture in innovation, to stick with my Dive Buddies as a Group – you know, safety in numbers although it might force me to 1/4 the profits?

    #1058718
    Anonymous
    Guest
    • Total posts: 11,464
    Up
    0
    ::

    Hi again Jase,

    I can’t help with the patent question, although I’m sure someone else will be able to advise you on that.

    I did want to say though that I like the idea of you collaborating with your amigos – as long as you’ve got a written agreement about responsibilities and profit-sharing etc upfront. Hopefully one of the fabulous legal types around here will be able to give you some advice about that too.

    Have a great day,
    Jayne

    #1058719
    Kennethti
    Member
    • Total posts: 415
    Up
    0
    ::
    Jasignature, post: 72486 wrote:
    Hi Soloists,

    Well I have my idea and on paper, there is no reason why it shouldn’t work.
    Now I’ve taken IDEO’s advice and shared the idea with 3 other Divers of whom are my Dive Buddies, because such ‘innovative/inventive’ creativity never succeeds alone. True I would say, as it would be so much harder to do such alone. I might be mentally clever, but I’m not mentally smart or physically smart or physically clever, so I think it would take much longer to try to fill the gaps myself.
    This is all good.
    But I am wondering about the Patent factor…
    Should I Patent the ‘idea’ under my own name or should I share equally with my 3 other Dive Buddies come fellow Innovators (in their own special way) as a ‘Group Patent’ if such a thing exists?
    I just thought I should ask, although I will straff through previous Threads and Discussions to see if such questions have already been gone over, as best I can.
    (you can post the link here if you know it)
    cheers,
    :)
    PS (edit): Now I know this Forum is “Solo” in its way, but would it be wise for my first venture in innovation, to stick with my Dive Buddies as a Group – you know, safety in numbers although it might force me to 1/4 the profits?

    I would advise that you speak with a patent attorney – but in relation to my two cents, you need to consider under what kind of arrangement you have with your associates.

    The last thing you want to do is get into an argument (both legal or otherwise) about who is entitled to the invention/innovation if it becomes successful.

    #1058720
    JacquiPryor
    Member
    • Total posts: 2,344
    Up
    0
    ::

    To echo Kennethti’s comments- you will need to speak with a patent attorney for best advice on this one.

    In the mean time, you may wish to read a little more about patents at the IP Australia website – http://www.ipaustralia.gov.au/patents/index.shtml

    Two main things to keep in mind, even at this stage I would suggest are:

    1. Keep it Quiet! If you have a patentable ‘invention’ – it can only become protected if it is new, inventive and useful If you demonstrate, sell or discuss your invention in public before you file a patent application, you can lose the opportunity to patent it.

    2. You cannot patent an ‘idea’ so to speak. A patent is the right granted to a device, substance, method or process that’s new, inventive and useful; You cannot patent purely mental processes. To determine if your invention is eligible, see specifically http://www.ipaustralia.gov.au/patents/apply_eligible.shtml

    In terms of the ownership etc, my understanding (and I note this is not advice, as I am not a patent attorney) is that you can be listed as the actual ‘inventor’, and then you can jointly own the patent with others. When joint owners are listed, usually an ‘act’ in relation to the patent by one of the listed owners is considered an act on behalf of all owners. So, you would need to be sure you have your own written understanding, signed by all involved as to who has what rights ‘behind the scene’. For example only, if one of you decided to ‘authorise’ another party to use the patent once its protected this would be seen, if my understanding is correct, as all of you providing that other party with the ‘ok’ to use it.

    If you wish to maintain the control of the patent exclusively, you will need to be the only owner; or perhaps consider forming a company where you are all listed as either officers or share holders in that company – an accountant could help advise on the best structure for your proposed venture. This, in theory, could see you as the director/controlling person of the company (who owns the patent), but others may then be listed as shareholders to see a benefit for their contribution to the project.

    Alternatively, you could list yourself as the sole owner and come to a separate agreement to reimburse and/or credit the others for any contribution they may make.

    The IP Australia website, link above, also provides a directory of patent attorneys for you to seek further advice. Some will provide an initial consultation at no charge. You will be safe to provide a registered patent attorney with further information about the ‘idea’, which may see them immediately being able to advise whether this is something to push forwards as a patent or not.

    All the best with it!

    #1058721
    Jasignature
    Member
    • Total posts: 14
    Up
    0
    ::

    Thanks Jayne, Kenneth and Jacqui:)
    Ideed, a lot to consider then. I’m glad I asked. I’ll hunt down a Patent Attorney asap and take it from there. In the meantime, I’m putting the Designs artistically down upon full-scale Art paper (having done an odd art course) with as much detail as possible. This I think I can do something with besides having it in the head. Basically it will show the concept in its difference.
    Anyway, I’ll get a Patent Attorney and take it from there. I like the idea of just making myself the ‘inventor’ and then jointly owning the patent with the others. That way, there is clarification of who is what to the whole thing, in case there is a rift in the effort.
    cheers
    :)

    #1058722
    Jasignature
    Member
    • Total posts: 14
    Up
    0
    ::

    Ok. I’ve got most of that information from that site you provided for me Jacqui, being sent out in book form via mail. There is so much information on the site that I would find it better to read via book form rather than being glued to a computer which can’t go everywhere with me. I’ll chase up everyting else beyond that via the site.
    Means I’m gonna have to break my co-worker’s heart upon the arvo shift: “Sorry mate, but I’ve gotta do some study – can’t talk and bit ch any more upon our breaks.” Hehe.

    I’m so excited.

    #1058723
    JacquiPryor
    Member
    • Total posts: 2,344
    Up
    0
    ::
    Jasignature, post: 72517 wrote:
    “Sorry mate, but I’ve gotta do some study – can’t talk and bit ch any more upon our breaks.” Hehe.

    I’m so excited.

    hehe… yes, keep quiet for now… Or, have him sign a non-disclosure/confidentiality agreement so you can freely discuss/disclose the details etc. You can download one that’s suitable for such discussions at http://www.innovic.com.au/lstronggresourceslstrongg-resourcesmenu-51/confidentiality-agreement-resourcesmenu-52?task=view – this main website probably not a bad one to have a look around as well.

    All the best! Keep us updated (once safe to do so of course) as you progress.

    #1058724
    Jasignature
    Member
    • Total posts: 14
    Up
    0
    ::

    Cheers Jacqui:)
    I’ve printed out a copy and will photocopy more courtesy of work (I’m not in the Union as I’m a Confederate instead and they owe me some overtime).

    I just recieved the IP Booklets for some Homework today in the mail. (very quick:cool:)

    Thanks
    :)

Viewing 8 posts - 1 through 8 (of 8 total)
  • You must be logged in to reply to this topic.