Intellectual Property

IP is important to consider for our company because our product has a unique and differentiating feature. Using private networks, we were able to speak with 7 Patent Attorneys for guidance on the topic. Some highlights from our conversations:

  • We filed a provisional patent for our design last year. This protects only the date of our filing (which means no one can claim to have invented the product after this date) but is not enough to product the product in any other way. We require a full patent for more thorough legal protection.
  • The full patent needs to be filed within 1 year of filing the patent application, the process can take a upwards of a few months. It is extremely advised that the process be completed with a an experienced IP attorney, particularly since this is key to our product
  • Ideally, the patent should cover all aspects of the invented technology, as well as cover many other possible adaptations of the original technology. If anyone else has tried to make an adjustable kite, we need to show why we are different from “prior art”
  • Execution of the patent with an IP attorney is expensive, the cost is approximate $8,000 – 30,000
  • It is easy to get a patent, it is not easy to get a patent that is defendable and worth having
  • On International Patents: by filing int he US, you canuse US patent as the priority for the filing in other countries. Still, there are different requirements for different countries. We should identify which countries are most likely to take this idea and be sure to file there (for example, there is a big kitesurfing industry in Australia)
  • How we file our patent may also depend on whether we are trying to build a company or whether we just want to sell our idea to a big international company–in the latter case, our biggest assest is patent and we would need to have international patents
  • On Partnering with an Existing Brand: it’s ok to start these discussions with just a provisional patent application but the sooner we get a real patent the better. And if we decide to partner with a big company, we need our own attorney
  • Non-disclosure Agreements may be useful when pitching our idea to potential partners
  • There is no reason to wait to file the full patent, we should start filing the patent as soon as possible!
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