Should You File For A Patent?

Hi there

Today, I want to share with you the journey of filing for a patent and whether you really need one. There is some controversy surrounding this topic. Some people think it’s a total scam and others think you should not do anything without one.

So, let me share my story and hopefully help you along the way.

The Birth of Levitate Hanger

My first ever invention that went from nothing to an actual product people wanted to purchase was Levitate Hanger. It’s a picture hanger that lets you hang pictures and other devices on the wall in matters of seconds, without damaging the wall and without the need to do any preparations like making sure the picture will be straight and such.

The first thing I did, of course, was sketch it and make a 3D model for it so I could have a printed prototype. I was able to do the sketches myself and even create 3 angles of it with Adobe Illustrator but I needed someone to take it and model it for me. That’s when I first thought about filing for a patent. I didn’t want anyone stealing my idea, especially because it was fairly easy to copy.

Navigating the World of Patents

At first I looked for a good NDA template to send out to anyone who needed to quote me for modeling and printing the first prototype.

After becoming comfortable with sending out NDAs along with my sketches, I started going down the patent rabbit hole to learn everything I needed to decide if I needed and wanted it.

I was conducting my research online to find all the information I could and got a few quotes from patent attorneys. Most of them wanted a shit load of money (pardon my French), and some didn’t even want to give me a quote after learning it was a brand new invention. What I gathered from my phone calls with the different attorneys was that I needed at least $100,000 if I want to be serious about it. Crazy, right?!

The Real Cost of Filing a Patent

Somehow, a friend of a friend referred me to a firm that was very affordable to start with. After being done with our conversation I was under the impression that the patent is going to cost me about $6,000. That’s an awesome price! Guess what I did. I went for it!

Before filing for a patent application you should file a provisional patent application. I’m not going to bore you with terms that may or may not be correct but I’ll tell you that a provisional patent application is pretty much an application that tells the USPTO that you have priority in filing for your patent and it’s only good for 12 months from the day of filing. Since I ran my extended research I was able to file the provisional patent application pretty much on my own. It was created in order for anyone without any technical skills and funds to be able and file for it, and during the 12 months they have the chance to get the funds needed for the actual patent application. When I filed it I paid about $75. The “Patent Pending” label on a product indicates that a provisional patent application has been submitted.

Another good reason to file for a provisional patent application (PPA) is to have as much information as possible for the lawyers you’ll be hiring. It can make their work easier and potentially lower your cost. Potentially!

Remember the quote I got? $6,000 to file for a patent? To this very day, I still owe them firm money because it came out to be a little over $20,000. You bet your asses that I was upset about that price tag after apparently not understanding the “law language” as I call it. $6,000 did not include SO MANY THINGS! But what did I know? Not much. I was just happy to get that price!

One of the most important things that was not included is the back and forth with the USPTO, if there was a need for it.

You see, the USPTO will get back to you after about 6 months (hopefully) with some kind of a decision. You can accept it and ready it and deal with it on your own but if you do something wrong it can harm your application. So yeah, you want the lawyers to handle that for you. It’s very likely that there will be a back and forth at least twice. That’s going to cost you some good hard-earned cash!

So, here I am, four and a half years later, owing over $20,000 and without a patent!

And the winner is… The law firm. Woohoo!

Reflecting on the Patent Experience

Am I upset? Yeah sure. Does it stop me from making and selling Levitate Hanger? Heck no! There is no reason for me to be afraid of copycats, you know why? Because then I’ll for sure know that my invention is really that good and besides, I’m the first to come up with it and I have proof of it. Along with the patent filing papers and having Levitate Hanger publicly published in 2019.

After conducting another research, this time about not having a patent and the implications of that, I learned that having a patent does not really protect you from infringement. It’s just going to cost you money to fight whoever is copying you. Also, your patent, if approved, is only approved in one part of the world (the US for example) so what about the rest of the world? Well… while filing for a US patent you have a one time chance (or something like that) to decide if you want to file an international patent, which costs more money. Of course I had to go for it.

In other words, your patent, in my opinion and many others’, is only good if you also have funds to hire lawyers if someone is selling your product without your permission, and that’s of course if they’re not a big company that can just drag the lawsuit for years and years and drain your funds until you have to give up.

From my experience, if I am ever going to file for a patent again, it will be when I have a lot of extra money to spare and if I believe my invention is something big companies might pay a lot for. Otherwise. No thanks!

Sometimes I wonder, if I just wrote that last paragraph (“From my experience, if I ever going to file for a patent again it will have to be when I have a lot of extra money to throw and if I feel that my invention is something that big companies may pay a lot for. Otherwise. No thanks!”) as the entire email, would that be enough? Maybe I should create a newsletter that is “To the point”? Haha something to think about.

That’s it for today and I hope you’ll have an amazing weekend.

Remember, never let anyone put your ideas down.

Yours,

Moshe Levis

Disclaimer: The information and advice provided in this newsletter are based solely on my personal experiences and knowledge. The decision to utilize or disregard this guidance rests entirely with you, the reader. Please understand that by choosing to implement any recommendations made herein, you do so at your own discretion and risk. I shall not be held liable or accountable for any outcomes or consequences arising from the use of the information provided in this newsletter.