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first you make it. then patent it or test it, remake it, re-test it, remake it, re-test it, then patent it. then you take it to corporations to sell it too or find investors and do a infomercial.
I'm almost positive someone hasn't patented it. I searched on the google patent search, and couldn't come up with anything. Anyways, as far as what brokerdave said, "first you make it". Well, it's something that I don't quite have the resources to make, so I wouldn't know exactly how to do that. If I was to make a patent, would I be able to hire a factory or something to be able to make it?
Unless its a huge breakthrough, you're usually safe just asking your manufacturers to sign a nondisclosure agreement where they promise not to disclose or profit from your idea. That should protect you until you're ready to put the product on the market.
When you're ready to go to market, you can file for a patent if you're worried that somebody will copy your idea, but you aren't required to do so. You have to ask yourself if your idea is so valuable that you're willing to spend $10K up front to patent it, and possibly tens of thousands more to protect it from competition. If the answer is yes, then its worth filing a patent. If it isn't worth spending big bucks to protect it, it isn't worth paying for a patent.
If you want a patent, the clock starts ticking as soon as you sell the first one. You have up to 1 year after that date to file for a patent.
I almost forgot to say, thank you everyone for your replies so far, as they have been helpful!
Sterlinggirl: So basically, what you're saying is I have some place make my product but if they sign a document, they won't be able to copy my idea as their own?
How would I go about finding these places to make the product? If it's any help, I'd want this to be made in the USA, since that's something I believe in. Is there a directory of factories that specialize in certain products? Or...?
Location: where you sip the tea of the breasts of the spinsters of Utica
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You have to have not just a brilliant idea, but at least a clear, detailed design on paper. Then if you can't afford to have it machined or whatever to make a prototype, you'd have to go around trying to find a rich man called a "venture capitalist" and convince him that your idea has merit.
Then he will throw a lot of money and lawyers your way to patent it, in return for whatever he demands - maybe his name alongside yours on the patent and half the profits, or something like that.
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