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About Patenting

JanetFJanetF subscriber Posts: 4
edited June 2007 in Protecting Your Ideas
Hi!
I have recently developed an idea for a new type of shoe. It was one of those ideas that just come to you out of nowhere while I was doing something totally unrelated to it. Even though it may be hard to believe, I don`t typically think about shoes.
I have done some VERY basic research and can`t seem to find this shoe design anywhere on the web or patented through the USPTO. Obviously I could be totally wrong and this very shoe might indeed exist...
My question is: What is the best and cheapest route to go about conducting further patent research on this idea to be ABSOLUTELY certain the shoe idea isn`t already taken? I don`t want to pay the patent application fees only to find out it`s already patented by someone else. Another issue is I don`t have the time to do thorough research myself. What can I do in this situation?
Thanks for any pointers you may have!
Janet
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Comments

  • stevesteve subscriber Posts: 14
    There are numerous IP attys who frequent SUN. Any of them should be able to guide you.

    I recently came up with an idea for something I could really use at the
    bakery. May prototype it to make sure it works as well as I hope then
    look into patents also.

    Good luck and keep us posted.
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  • GrillCharmerGrillCharmer subscriber Posts: 7
    Hey Janet!  Steve`s right, there are several atty`s that come around so just hang out for a day or two and you`ll get some great answers.  Hiring an IP atty to do a patent search is a sure fire way.  If that is out of  your price range, maybe check out www.legalzoom.com</A>  Best of luck!  Can`t wait to someday hear about your new shoes!! 
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  • ktoddktodd subscriber Posts: 1
    A good place to search for patents is at the US patent website.   Read the instructions a start searching,   You do have to learn thier method but then it is easy.   Very your search to find the information you are looking for.   From the abstract you can quickly read if the search is bringing you what you want.
     
    Go to the following site
    www.uspto.gov</A>
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  • JanetFJanetF subscriber Posts: 4

    A good place to search for patents is at the US patent website.   Read the instructions a start searching,   You do have to learn thier method but then it is easy.   Very your search to find the information you are looking for.   From the abstract you can quickly read if the search is bringing you what you want.
     
    Go to the following site
    www.uspto.gov</A>

    Ken,
    Yeah I already did a few searches on the there yesterday and couldn`t find anything the same or even similar. However, I`m not satisfied with that. I need to know for sure that my idea is unique. If it is, I truly think I have a shot at getting the shoes manufactured. I might go back to the USPTO website and check out more search words if I think of any.
     
    Leslie,
    Thanks for the site. I`ll look into it as well as the IP attorneys.
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  • JanetFJanetF subscriber Posts: 4
    Yeah I wasn`t planning on going into manufacturing myself. That`s a little scary...  I believe I will have this aspect covered when/if the time comes. What I`m worried about is if someone already took the idea......
    Women buy shoes about as much as they buy purses, so if I can market these I`ll be in business! I`m definitely not worried about it being one of those flop inventions that no one needs or wants. These would be shoes you both need AND want!
    JanetJanetF2007-5-20 14:47:53
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  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    The first notion to throw out in patent law is "absolute certainty."  There is none.  I know that is unsettling to all of us.  It`s true.  If you are serious about this, consider paying somebody who searches for a living to search this.
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  • JanetFJanetF subscriber Posts: 4
    I contacted a company called Davison Inventegration located at www.davison54.com about my shoe idea. They seem to do everything from research, design, and packaging/manufacturing to product sample presentation to major corporations. I submitted my idea via their website and they actually called me back to schedule a time to discuss the shoes in detail. They seemed very interested in speaking with me ASAP, so we are scheduled to speak tomorrow afternoon. We shall see what happens.
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  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    they have been sued by the gubment for being deceptive.  say nothing.  send nothing.  pay nothing.
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  • JanetFJanetF subscriber Posts: 4
    Really? I`m glad I mentioned them on here... Is there anything else about them I should know? Do you have any recommendations for similar companies?
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  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    avoid them all.
    http://www.uspto.gov/web/offices/com/iip/complaints.htm</A>
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  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    run away.
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  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    FTC vs Davison can be viewed at:
    http://www.ftc.gov/os/caselist/9623310/9623310.shtm</A>
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  • ktoddktodd subscriber Posts: 1
    If you are not finding any references at the U.S. Patent site and you believe that your idea novel and marketable, spend the money to have a patent attorney do the search.   It is something they do all the time and well.   Ask local business associates who they recommend, talk to several attorneys use one that is recommended and you feel comfortable with.   If you don`t have any resources tslk with your local chamber or SCORE program to help guide you to a local source.
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  • JanetFJanetF subscriber Posts: 4
    Thanks guys.  I will avoid their call tomorrow. After you told me about them, I looked them up on the BBB website and read all about it. I`m having a local patent attorney do a free preliminary search on if the shoes already exist. After that, I think I`m going to hire Legal Zoom  for $300 to prepare and file the patent for me. A friend of mine who is an artist is preparing technical sketches for me. Lastly, there is a leather company not far away from where I live who will prepare a prototype of the shoe when I need it. 
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  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    you can`t hire Legal Zoom to give advice and provide legal services - nobody can.  Legal Zoom can only fill out forms.  I would rather see you take the $300 and buy something nice to wear so you are not fooled into thinking you have any "protection."
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