health information
Is there a type of patent covers kits? For example, a first aid kit is have a patent?
I think the arrangement of the items packaged and sold is an original idea, so it should not have a patent?
I think the arrangement of the items packaged and sold is an original idea, so it should not have a patent?
Yes, kits can be patented. But to be patentable, it usually needs to be a new combination of stuff, and there probably needs to be some synergy or special benefit to the collection.
Last year, there was a good case on medical kits. You can read it here: http://www.fedcir.gov/opinions/05-142... The patent was held invalid, but the case is a great road map.
A design patent might work as well, or instead. Design patents are cheaper and faster to get than utility patents (usually), though they usually won’t give you as strong protection either.
The decision to pursue patents, which kind and how much to spend is a business decision that merits consideration and planning.
Although you can do it yourself you will probably regret it later. But then, you could spend $25k+ with a patent attorney and regret it, too. Patent services are like medical care. Cutting costs now can result in huge costs later. Often, you won’t know about the problems until later, and by that time the situation is irreversible.
The patent process is like a tennis match. To get the application prepared and filed (“serving the tennis ball”) you are probably looking at $9-17k for something like what you describe.
The patent office will return the serve, so you will have additional costs for hitting the ball back. When the patent office agrees to grant the patent, there are additional costs for the final processing. All told, after filing the application, the follow-on costs are typically in the $1,500-15,000 range (depending on lots of factors).
There’s also the option of an informal provisional application, which typically runs $2,000 or less. The provisional expires in 12 months and there’s no tennis match. They generally don’t provide much protection, but they are great to get “patent pending”, to establish a date of invention, and to set deadlines for making a formal application.
Lots of people like to file provisionals to get their feet wet and during initial market tests. If it looks like the product will sell then they decide whether to pursue a real patent.
The patent law has some gotchas, including deadlines. The US and foreign laws favor early filings.
These estimates are budgeting guidelines based upon having a competent patent attorney doing the work, and include the government fees and other costs. You can look up the government fees at http://www.uspto.gov
Feel free to ask me more direct questions. My email address is public. Hope this helps. -Steve