How to Patent & Prototype an Idea the simple way

It finally happened... we got a patent on an idea I had at a much earlier time. Attorney Don Ersler (www.itspatentable.com) was indispensible and is reasonably priced. You can do this too... here are some things to think about as you are approaching the process of getting a patent on YOUR good idea!
The phrase, “patent drafter” describes the person who creates the patent drawings.
Design patents protect the appearance or atheistic features of an invention.
Utility patents protect the functionality of the invention.
The cost of filing a design patent application is about $2,000 with drawings and filing fee.
The cost of filing a utility patent application for a simple invention starts at $3,500 with drawings
and filing fee.
There are other costs to the patent process including examination and issuance.
It takes about 12 - 16 months for a design patent application to be examined.
Donald J. Ersler
Patent, Trademark & Copyright Law
1165 Terrace Drive
Elm Grove, WI 53122
P: 262-785-0160
F: 262-785-0162
www.itspatentable.com
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[@kendriver3278]

I have a few patents. Here's 3 things to think about. 1) Getting a patent is cool, but it is only as good as your defense of it. If someone violates your patent, you have to go to court to defend it. Big corporations have big legal budgets. 2) Just because you have a patent doesn't mean anyone will buy your product. Figuring out how to sell your product is more important than getting the patent. 3) Corporations can make slight modifications to your product to rip your product off without violating your patent. Keep up the good work!

[@chickenfishhybrid44]

You have zero chance of defending your design or product without a patent, so mine as well get one. The existence of people and companies with more money and ability to challenge you in court or rip of your design is constant

[@Joe-sg9ll]

​@@chickenfishhybrid44some people think it's worth spending $5k to get that first, when they have $6k total and 0 sales

[@chickenfishhybrid44]

@@Joe-sg9ll I'm positive there's cases that are much less justified than others.

[@stevenheinje181]

An alternative to a patent to protect an idea if to publish an idea if you don’t have the legal muscle, you forfeit a patent but the big-co can’t exercise against you. Patents may not work out, but there are cases where it brought value to inventor, by selling it or getting partnered with a maker. Patent rights are first to file.

[@colinstu]

@@Joe-sg9ll I thought it was $10k

[@dtacto]

Congrats on the design patent! Design patents are closer to copyrights than to utility patents. When most people think “patent” they think utility patent. What Don is helping you protect is the specific design of the hammer, for which the drawings are *very* important. Utility patents have novelty and nonobviousness requirements that may or may not be met with that design. As you noted, this patent should help you control 1:1 copying and keep honest competitors honest. Getting, maintaining, and enforcing a utility patent can be much harder and more expensive.

[@mahlee18]

A design patent has more sway with something like a form set hammer though, vs. most other products, where a design patent is trivial. The shape is integral to it working right. You know this

[@dtacto]

@@mahlee18 For sure.

[@IntoAllTruth.]

It's always great when you post a new video. It is must watch TV.

[@1puppetbike]

As a patent holder of a construction related product, as well as non patented construction related product... there is a time and reason for each approach. I hate seeing the number of people who waste money pattenting fairs. feel free to run them by me I always say.

[@RayGreen94510]

I just received mine yesterday. I told my sons about it, and they will surely take care of it 30 years from now when I am long gone.

[@Islandwaterjet]

Patents are only valid for 20 years.

[@bobwellman9717]

@@Islandwaterjet I think the OP was talking about the hammer, which I'm positive will last hundreds of years. Maybe not the handle.

[@imhigh0013]

Franco-Prussian war taught the world a valuable lesson, he who starts the war with more gold on hand, wins the war. You may have a patent, but the corporations have lawyers.... good luck.

[@SkyhawkSteve]

I'm a retired engineer, having worked for a very large corporation that has many thousands of patents. We got a bit of training on intellectual property, and I recall the lesson that the patent just gives you the right to spend a lot of money and time defending your patent. One of the steps prior to getting a patent is probably to figure out why you want a patent, and if it is worth the expense. The situation is going to be different for a small inventor than a large corporation. With a hammer like Scott's, I suppose you would be wanting protection from a large tool manufacturer taking your idea... and I suppose they'd just make some small changes to get around the patent. I hope someone can share their experience with this scenario.

[@donbangert]

Congratulations on your patent!

[@DanRich01]

Ive been watching your channel since you built the deck for your mother and knew here I'm going to learn a few things on how to speak and influance people. Thanks you have been a great influancer since.

[@jonanderson5137]

In the early 2000s after sweating on the flightline I had an idea. I jokingly called it the ball sack. A pouch to keep my junk from sticking to my legs . I told everyone my idea and now there are at least 3 companies producing them! Yes I thought about patenting, but what good is a patent? 5k just to register etc. The important thing is they're being made! It's only a matter of time, money and connections something regular guys don't have. I still have some ideas, but 20 years later still no time, money or connections and I tell everyone!

[@dan.learns.things]

They are a game changer!

[@steveg9674]

It turned out to be "elementary my dear Wadsworth ".Ask and learn, or watch EC, thanks Scott for another essential video

[@robbflynn4325]

So cool having a patent on something 👍

[@-iIIiiiiiIiiiiIIIiiIi-]

This is a pretty large channel now. The Video and lighting are great. The audio needs to be held to a higher standard. Invest in the Sennheiser MKH 416.

[@thedevilinthecircuit1414]

Sounds just fine to me.

[@TheCowboylogic]

Bravo! Great accomplishment.

[@gtbkts]

Thanks for the awesome content and great video!!

[@duggydo]

Now that you have made the hammer and this video, I’m curious how long before we see copies coming out of China. They work quickly over there.

[@jeanmarcforcier383]

Hat off to you with your patent.

[@dougi1967]

Deep is your incredible mind, priceless ❤

[@brianharis2211]

Would love to get 2 of them

[@jakobrebeki]

We have a different system over here in England. You need a solicitor....

[@steved8272]

Hiya Scott, thanks because I have a few ideas! PS check your description wording, as a design guy "aesthetic" is a better choice. Cheers!

[@criley2723]

The USPTO is a joke. They have very specific rules for trademarks, if you arent complying they shut you down. Unless youre a big company. My trademark was awarded to a company that applied for the trademark after I did, and they aren't following their commerce rules, ie actually using the trademark. My trademark is my business name, and very actively used in commerce and they still gave it to a non complying company that doesnt use the mark in any way shape or form.

[@roflchopter11]

One minor thing, as you're sending prototypes and patterns around, you might wish to have people sign non-disclosure agreements.

[@charlieharper981]

My .02$ "A patent is only as strong as it's (your) financial defense. " Also, It is not a matter of IF it will be stolen, but rather, When it will be stolen. I enjoyed the education from my pat lawyer, albeit expensive. 😅

[@dougi1967]

You're the best brotha!

[@lukelofgren4108]

I have an axe head pattern I forge that is much different and distinct and have been thinking about getting a patent for around 2 years

[@JimmyMeatwhistle]

Congrats 👍

[@ElonMusk-hx8yw]

That type of hammer has been around for millenia

[@phooesnax]

Did something in food production base cove. Sealed wall to floor….i,portent in food safety. My boss allowed a vendor we used to patent without my involvement. Would have had to sue employer and vendor. Ugh.

[@dalebmartin]

A tire hammer is this exact form of hammer for a fraction of the price.

[@castorchua]

$30 will get you a good one

[@sw5334]

A Fiskers axe is cheaper than a Gransfors axe. Those that want a hand forged product to help support someone they like will pay the price. Price isnt always the reason to buy.

[@mcconkeyb]

Interesting video, but it states facts that apply only to the U.S.A. Patents in other countries are as different as the flowers that bloom in different places around the world. So this informative video is not as useful as a global resource as I had been hoping.

[@tristanconnolly5675]

Nice.

[@garymiceli7321]

awsome advice and i want one of those hammers

[@disqusrubbish5467]

If you made them out of Titanium or sold them as "German Engineering" you could quadruple the price! Yeah kidding...

[@vanforsman]

Cannot find the Don Erlser interview episode? Which number episode is it? Link please :)

[@Joe-sg9ll]

what's significant about the hammer

[@iamdamnalex]

I want one and so does my professor at El Camino College in california, I think a 7lb is the way I am 33

[@brianharis2211]

How much are the form setter hammer

[@rcosg542yt]

They are on his website. I think they are around 250

[@Gabriel16T]

You can send me the form setter you didn't have to send to the patent office!

[@Shopaddict23250]

They'll still make it in China, patent or not and for a fraction of the price.

[@rcwessel]

Why the bottom and not the top?

[@norman3605]

You are doing your viewers a disservice if you don’t make a video of all the ways you can lose your right to patent, like telling your friends or family about your invention or placing it on sale. Do these or other actions and you trigger inflexible deadlines to file an application. Miss the deadlines, even by one day, and you lose the right to patent your invention forever.

[@jamesball7322]

Wow

[@oldreliable303]

And now i can look at your drawings on your pat. and change it 5% and remake your hammer.. My 2 cent is to have a stamp made but never get a pat. that is what i have done, and a crook will waste years looking for a pat. drawing that isnt there

[@roflchopter11]

Depends on the claims in his patent and if you dodge enough of them. You might be able to lock him out of using your quote improvement quote, but that's it.

[@attiliopampanin9503]

First 47 seconds didn't watch yet fastest way that will hold up in federal court is make 10 copies and mail to yourself will hold up after the judge opens one in court with federal postage. Then apply for your patient

[@sztaylor89]

The US and pretty much rest of the world is now a "first to file" system as opposed to the prior "first to invent" system where you're technique was used

[@steelsunpi]

False. It's quite easy to mail an unsealed envelope to yourself and then 5 years later insert something in it and seal.

[@attiliopampanin9503]

They do it with music all the time they won't deliver empty envelopes my wife works in the PD for 20 years. Thinking like that tells me what kind of person you are. Looking for a free lunch

[@steelsunpi]

@@attiliopampanin9503 I make my living as an investigator (hence the PI in my username), and I've seen that "defense" in trademark and patent cases several times, each time shot down. It's an old urban myth.

[@steelsunpi]

@@attiliopampanin9503 I've been working as an investigator since the early 90s (hence the PI in my username) and have done a ton of patent and trademark investigations (work for HP just about bought me a new car). I've seen people try that defense several times, and each time it was shot down as invalid, often with the reason I gave you. Mail yourself an open envelope with 3 blank sheets in it. If you think the post office is diligent, I've got a bridge to sell you. And IF your wife really does work in the PD office (which is criminal law and totally different from civil or patent law), you should know better than rushing to judgement on others. It just makes you a fool.

[@Islandwaterjet]

I did not watch this video, not going to either - because it is wrong. You cannot patent an idea. Not possible. You can patent a product or an process or an improvement on such. But you cannot patent an idea. Anyone claiming otherwise is just wrong. Fact.

[@AndreyAntonchik]

What if your idea consists of information regarding a new process.

[@PsychoSinterklaas]

Bump bump

[@gatergates8813]

What specifically about this hammer is good for setting forms? I've been a concrete former for 14 years and the lack of a claw on it for pulling nails and prying is an obvious setback in my eyes