To ask your advice on how to go about getting a patent for a child's toy?

[Sunkissedbeachdream]

Hi, I posted in AIBU really for traffic, and would appreciate some sound advice as to what you would do if you had an idea for something.
My idea is (what I believe would be) an education toy/s for children.

This idea came to me a few years ago, but I've been too busy to try and do something about my 'invention'.
Now I'd really like to pursue my idea in the hope that I can become filthy rich from it one day I may see a finished product on the shelves, with people wanting to buy it.

The only people I've told about my idea are my parents and dd's, and after they stopped laughing they really listened to what I wanted to do, especially after seeing a picture I drew of my 'invention'. They all believe it to be a very good idea and are strongly encouraging me to do something about turning it into a reality.

The thing is, I've no clue as to where to start! . Money is fairly limited, although I believe I'd have enough to make a prototype. Although, in order to make that prototype, I've no idea how I would protect myself (and how much it would cost to protect myself) from anyone potentially being able to steal my idea.

I would be grateful for advice!

You'd need to go to a patent attorney - it's very difficult to do this yourself (the vocabulary they use and way of describing your idea is very complicated, plus they investigate if there's anything else like this available).

The problem I think you may have is that you've shared your idea with people, even if just your close family. The attorney would be able to advise better, of course.

When we got patent pending status on a product, our attorney advised that the status is a deterrent to others not to copy, however, it would be too expensive for us to defend our patent if someone with enough money wanted to copy it.

It takes years to get a patent and each year it gets more and more expensive for the pending status - I think we paid £1500 ish, then £2500 the following couple of years, then £10000 ish (if memory serves)

It's expensive and complicated. Not much change from £6k.

Expensive to make a prototype.

How will you find buyers? Meet demand? Tooling, warehousing, shipping...

Do some research.

Although it’s a risk, you might be better working on a prototype first and then speaking to a patent attorney about it once you have a model. It will be easier to define that way, and you won’t be spending thousands on a patent for a design that proves to be unworkable.

Thanks all, I can already see it's going to be much more difficult than I anticipated!

Rapunzel
I'm just wondering why it takes years to be able to get the patent?

There are people whose job is to help you develop and make prototypes, apply for patents and so on. I can give you the details of someone if you like. Didn't want to PM without posting in case it looks like spam, but you can AS my name to see that I don't make a habit of touting for business for my mates!

Sunkissedbeachdream

It takes a long time because every application has to be searched (to see if anyone else has done it) and examined and can go through several rounds of changes to make sure it's suitable for granting as a patent. In some countries it is possible to accelerate certain applications but this costs more money.The Intellectual Property Office's website has some guides about the patent application process but, and I can't stress this enough, consult a patent attorney.

Without disclosing anything on here - are you sure that your invention falls under patents rather than designs? The latter is much cheaper and easier to protect.
www.clarkewillmott.com/legal-services/intellectual-property-lawyers/design-rights/

Should also add that the rules for patenting a game are quite complex as certain things can't be patented.

I'll pop back later and read everything properly, thank you all

Rapunzel
I'm just wondering why it takes years to be able to get the patent?

As a PP mentioned, I think much of the time is taken up by searches. First you apply for UK/Europe, then rest of world bit by bit (I think - it's been a while since we went through the process). Patent pending status gives you a level of protection though, but as I said, the protection is only as good as the finance you have to defend it

Silver, thank you, I'll definitely bear that in mind!
Edna and Rapunzel, thanks for explaining about the patenting search. It's not a game Edna.

YesThisisMe, thanks, I'm unsure as to what category my idea falls in, it could well fall under designs I suppose?

My idea isn't electrical, a game or a puzzle for example, and I don't think it can have already been thought of as it's my own design, although I would need to make sure nothing similar has been done.

I'm definitely going to research properly on this one!

From how you've described it, you could consider getting a Design Registration instead of a patent. But your PA can advise accordingly

Thanks once again Rapunzel, I'll look into what s design registration entails too.

If I remember correctly the inventor of the fidget spinner didn't patent because of cost someone else stole the idea and made millions.

I agree that patent attornies would be able to advise on both patents and design rights and which of the two would be more suitable.