Some Feedback Here: How Can One Patent An Idea?

@pyewacket (43903)
United States
May 12, 2008 11:29pm CST
As some know I had to "change my plans" the other day since I came with a bout of carpal tunnel which really hurts like shat. I hadn't had that in a long time, and I never resorted to using a brace type thing like most people do when they have it, nor did the idea of surgery wow me. Instead I have my own tried and true method of "healing" it and as you can tell, my carpal tunnel is healed otherwise I wouldn't be up and running again not only typing here, but earlier I typed out an article. My own method of healing my carpal tunnel involves using my own herbal compress, plus an ointment then just wrap everything around my palm of my hand and wrist with an elastic bandage. And I swear it works wonders..in fact I've also used my herbal compress for a host of other things and works as well. So I was mentioning this to a friend of mine her and kidding that gee, maybe I should patent this idea and that would be my road to fame and glory and money....LOL The thing is...how could one seriously patent such an idea? It's not exactly an "invention" and since it's a basically herbal remedy I've concocted it isn't a "medical" cure or FDA approved kind of thing...but seriously..how can an idea like this be patented??? Any ideas???
8 people like this
16 responses
@blackbriar (9076)
• United States
13 May 08
LOL Should of known you would be coming here to make this into a discussion, pye. I hope someone here can help ya out.
5 people like this
@polachicago (18716)
• United States
13 May 08
The best idea is to trademark your product. Set up good name first and do trademark. Why? because herbs are known already, all you do is the right combination to work as remedy. Because it is just "home remedy" or "herbal remedy" doesn't need medical approval. Example: "Airborne" created by school teacher. She just trademarked her combination as herbal formula. Check LegalZoom for trademark. It may cost about $100 or so, but you can have free consultation. Legal Zoom is worth trust and it cost just small fraction of legal fees. http://www.legalzoom.com/trademarks/trademarks-overview.html Once you have your trademark I will tell you what to do. Do not give you formula to anyone. You have to write down your formula with exact proportions. My advice is to mix it few times using pharmacy scale or small measuring tools. You can also use tea spoon. Think about good name, but do not check the name with anyone. Write down all ideas. Think about, but don't let it go. Just remember, many people would like to invest money and they will if they see potential for return. Don't underestimate yourself, just because you are on the budget. Investors are just next door... HUGS
3 people like this
@polachicago (18716)
• United States
18 May 08
e-book will work really well...
1 person likes this
@pyewacket (43903)
• United States
15 May 08
Pola any money investment is really out of the question...and I do happen to know a bit about trademarking which I believe even costs more like near $400...a friend had suggested I trademark my craft name so began looking up about trademarks and that's when I found out it cost so much. One person here suggested the idea of putting my idea in book form, like an "e-book" that way it would automatically be copyrighted at least...think that would be good? I have a lot more of my herbal ideas and uses for the same one I use for my carpal tunnel--even have used it on occasions for my kitties and worked wonders
1 person likes this
• Abernathy, Texas
15 May 08
Tell you what, if I win the Green Home, I'll bankroll it all! You can hold me to it! For a nice percentage of profits!
2 people like this
@CatsandDogs (13963)
• United States
13 May 08
Hi Pye! I sure wish I knew so I could tell ya but I don't but nonetheless, if it worked for you then why wouldn't it work for others, right? How in the world did you figure this out?! lol You must have a brilliant mind to think and actually make the concoction to begin with!! I wish I had a mind to do things - even remotely like that. lol I'd like to see you get a patent for it because it would help so many others! Good luck gal!!
2 people like this
@pyewacket (43903)
• United States
13 May 08
My great-grandmother was a nurse who frankly thought most doctors to be idiots..LOL...she was a walking encyclopedia of natural and herbal cures and I must have somehow inherited that skill...I've often done herbal cures even for my kitties and have worked wonders too. So I guess I just have that knack
2 people like this
@Hatley (163776)
• Garden Grove, California
13 May 08
just an idea you could print out a booklet describing how this works and what you need to do and maybe get some help in selling it if the other ideas that mylotters have sent you do not workout.just my two cents worth again.lol
2 people like this
• Philippines
13 May 08
Hi! If you are in my country Philippines i can help you patented your invention in our Philippine Inventors Society since my father was one of them. Keep up the good work. Cheers!
2 people like this
@pyewacket (43903)
• United States
15 May 08
Thank you, but nope I'm not from the Philippines
13 May 08
hey pyewacket! well im not sure how you would go about this, but if i were you i would definitely look into it further.. if it helps you, it could help thousands of others!! well done you .. and good luck xx
2 people like this
@pyewacket (43903)
• United States
15 May 08
Yes I am going to look into this further as I do think this would be a great idea
@Remmie7 (167)
• United States
13 May 08
Hi Pye, I just wanna say don't give up on your idea, and don't let no one else discourage you. Everything has a price, nothing is free. Another thing, taking a pill isn't always the answer. There are pills today on the market that has some really bad side-effects and can kill you. Some of them already has killed some people. People are more health conscious these days. More and more people are going to the health food stores and even ordering from health food stores. Do your homework, go to the library and do some research on "How to Patent your idea". Whatever it takes don't give up. At least try as hard as you can, go as far as you can go. If you stop now, maybe one day soon you'll look up and they will have what you wanted on the shelves. Think positive you will go far. That saying "If theres a Will theres a Way". It's true you know. I'm pullin for ya. You go get them Pye! Oh i almost forgot i don't know if you watch Ronnie Deutch he hosts a show called "The Big Idea", Watch it sometimes you will be amazed at the people that has brought their ideas to life, people from all walks of life and now they are set for life and some are on the road to getting there. It really is inspiring.
2 people like this
@pyewacket (43903)
• United States
15 May 08
Somehow I have the feeling though that you need cable to get the show??? I haven't had cable in years..had to cancel it
@Remmie7 (167)
• United States
16 May 08
PYE, you can still look at the video's on the web to give you some idea of the show. You can also write to them. But I would be careful not to disclose your ingredients to anyone. Remember they are a big company with big money and they can get it done. I know there is a way for you to do the darn thing! I will do all that I can do to help you with information, I will even call the health food store to see what they can tell me. We all have Dreams, even me PYE. I don't want anything from you but for you to get this off the ground. I don't know what your religious beliefs are but i'm praying that you make it.
1 person likes this
@GardenGerty (160949)
• United States
17 May 08
If your herbal compress is your own concoction, then you can certainly patent it. It does not have to be medical or FDA approved. I had great luck with an herbal or topical remedy made with emu oil when my doctor was saying I had carpal tunnel. I do not necessarily buy that diagnosis, and I do not intend to have the surgery either. I think stretching and dietary changes and non invasive things like your herbal compress. I got great results from a paraffin spa with tea tree oil and lavender oil.
@GardenGerty (160949)
• United States
19 May 08
Sounds like something I might keep in mind as well.
1 person likes this
@pyewacket (43903)
• United States
19 May 08
So many here have suggested my writing an e'book about it instead...the herbal remedy I use, I use for a lot of other uses, so to write a book about it I could add all the other uses for my little remedy...then it would automatically be copyrighted.
1 person likes this
@winterose (39887)
• Canada
15 May 08
ask for free information from the us patents office, and go from there. I am sure they should be able to point you out in the right direction. Anyway you have to because they have to check to see if there is already a patent on that idea.
1 person likes this
@winterose (39887)
• Canada
16 May 08
from wikapedia A patent is a set of exclusive rights granted by a state to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an invention. The procedure for granting patents, the requirements placed on the patentee and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims defining the invention which must be new, inventive, and useful or industrially applicable. In many countries, certain subject areas are excluded from patents, such as business methods and mental acts. The exclusive right granted to a patentee in most countries is the right to prevent or exclude others from making, using, selling, offering to sell or importing the invention. again from wikapedia a tradmark is more like a name like macdonalds is a registered trademark, here is what they say A trademark or trade mark (represented by the symbol ™)[1] or mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to identify uniquely the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities. A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements.[2] There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories.
1 person likes this
@pyewacket (43903)
• United States
19 May 08
Well it would seem my idea doesn't really fall under patent or trademark..now my "craft" business name would definitely fall under trademark as not only do I have a name but logo--many have suggested here to simply write an "e-book" about my herbal remedy, then it would automatically be copyrighted
1 person likes this
@pyewacket (43903)
• United States
16 May 08
Actually as someone suggested here she doesn't seem to think this idea of mine would fall under patents but more like a trademark thing...but will check both out
• United States
15 May 08
A plus for your discussion pyewacket and a totally disappointing story to give you. Many years ago McDonald's came out with really cute stir-sticks for their coffee. They had a square McDonald logo on the top, about 4 inches or so of thin plastic, and a little tiny spoon on the end. A few months after they began to use these they were made to quit using them because those "wicked hippies" were using them as coke spoons! They then redesigned the stirrers and put a tiny paddle at the end. I absolutely loved them! I'm sure you have a bunch of jars of creams, ointments, and such that you have to dip your fingers into if you want to get the product out (petroleum jelly is the worst!). If you have long fingernails the creams get up under your nails. Not only do you then have to groom your nails, you waste a lot of the product. I contacted a Patent place (it's been quite awhile ago) and was told that I would not only have to do a drawing of it; but also have to work up a prototype. Then, after spending quite a large sum of money on Patent Attorneys, production, and such, I would get to conduct marketing research to see if anyone would be interested in this product. All of the above just totally overwhelmed me. Two years ago I was in Walmart and noticed on a Sun Tan Product that they had a much larger plastic paddle-like device to be used to apply their product to the skin evenly. It was not the same, but pretty darned close. Just this year while in a Bath and Body Works store, I found almost the exact product at the cream tester station and is just a short version - which is much better for a small jar. I wanted to cry. I wish you much better luck than I had. The only advice is to research, research, research. I am still trying to find out how to get a grant for a project I want to do and can find nothing but rip off sites. I am also very happy that your compress is working, especially for carpal tunnel. I have been wearing hand braces off and on for years because I totally refuse that surgery. Congratulations ~D
@pyewacket (43903)
• United States
15 May 08
I'm beginning to think that my idea doesn't actually fall under a "patent" idea per se, but more like a trademark..also some here have even suggested that I just simply write something like an e-book about this herbal remedy I use, and at least that way it would be automatically copyrighted--but I do plan to pursue this somehow
• Abernathy, Texas
15 May 08
kitchenwitchoftupper, I've had many of my ideas turn up in the same way because I was overwhelmed by the process - I'm a big idea person and a bigger procrastinator. Pye, I guess you could trademark it. But it would be cool if you did both. Maybe included it with the book - I think someone else mentioned that though.
1 person likes this
@pismeof (855)
• United States
13 May 08
Pye, I think what you would have to do is create a "PACKAGE"..Design the herbal medication and the bandage into one altogether contraption and sell it as such, similar to a nicotine type patch. There are invention companies that can get you started but, the first thing you should do is draw out the concoction and a description and then be sure to date it. Then all you need do is contact U.S.Patent office for an application
@pyewacket (43903)
• United States
15 May 08
Okay..will think about a package type thing...though it is so simplistically simple like would anyone take it seriously?
• Abernathy, Texas
15 May 08
Something inexpensive would be to package the tincture in a satchet like bag along with a fancy little booklet containing instructions and anecdotes.
1 person likes this
@pismeof (855)
• United States
15 May 08
Let see..too simplistic. Hey Pye,the paper clip....rubberband,bandaid,aspirin I think those items are simple but made a fortune and still around.
1 person likes this
@artemis432 (7474)
• Abernathy, Texas
15 May 08
I'm not sure - would love to know myself as I'm an idea person. However, I think the first step is the research to make sure no one else has gone there first. I think an idea like yours, a method of healing an ailment that I think is plagueing more and more people, would be welcome - except maybe my pharmeceutical (spelling!) companies who won't be able to profit off of the painkillers they give to those suffering, or the expensive physcial therapy that is also an alternative. I hope you follow through and share it with the world - and make money in the process - you certainly deserve it!
@pyewacket (43903)
• United States
15 May 08
Several have suggested just for me to write a book, or more like an e-book about my little remedy help...and I've used this remedy for other things as well with great results...and just think I'm the human tester...LOL...no testing on animals to do it..uh, well, except my kitties as I've used my herbal remedy for my kitties with great results too..
• Abernathy, Texas
15 May 08
I think its great you've used it on your kitties. I've since read some of your responses - I've been going through my E-mail and answering discussions that way - and it doesn't allow me access to other responses! I liked the idea of putting all of your remedies together in one book! And adding a sample in a prett material sachet or something.
1 person likes this
@zed_k4 (17589)
• Singapore
13 May 08
I don't think that it's possible. There are lots of things to consider and the end product may not be the same as the original one. However, there is no harm trying and asking a pro whether it works or not. But for herbal remedy, I think there are people that have tried. You just need to ask around those in this business. I think they should know more.
2 people like this
@pyewacket (43903)
• United States
15 May 08
Well I do know that the medical profession kind of frowns on herbal remedies, even though they are just as effective if not more than medications that have so many harmful side effects it's not funny
@littleowl (7157)
16 May 08
Hi Pye-hopefully someone will be able to tell you cos I was going to ask you for the recipe incase I need it!! if you have other herbal recipes like that you want to make a littlebook up of them if you have-your friend littleowl
1 person likes this
@pyewacket (43903)
• United States
16 May 08
A few here have actually suggested maybe writing up like an "e-book" kind of thing...I have other uses for my little herbal remedy besides using it for my carpal tunnel...hehe
@pyewacket (43903)
• United States
19 May 08
Okay...I'm so back-logged with writing articles at the moment, but yes I think writing an e-book would be the right road to take here..
@littleowl (7157)
16 May 08
Hi pye-do it! I would! but I'd also buy your book too-much prefer herbal remedys-will pm you too-your friend littleowl
1 person likes this
@Hatley (163776)
• Garden Grove, California
13 May 08
why not try googling it and asking what you have said here. seems to me like there could be someplace that would tell you how to patent an idea like that and I think it well worth looking into. so many of us are looking for herbalways to help various ills and that should appeal to someone surely. any time you can avoid surgery is so great if it works and you are proof that it does. try it and see.
2 people like this
@pyewacket (43903)
• United States
15 May 08
I like that idea you suggested about making a book out of my idea..sort of like an e-book??? I have other uses for my little miracle help...other than helping carpal tunnel. It might not be so much as a patent thing to think of..someone else here suggested trademarking the idea instead
@anniepa (27955)
• United States
14 May 08
I'm not sure how or if you could patent it, although there sure should be a way you could but how about you write a book? There are tons of how-to books and self-help and healing books and somebody is making a few bucks from them, why not you? If it works for other things and I know you've written about remedies you've used for your kitties that you've concocted yourself, I think we just may have the makings of a best seller here! Annie
1 person likes this
@pyewacket (43903)
• United States
15 May 08
Well I'm waiting to get some feedback from a friend what she thinks about the idea of say an e-book I could write out...I have other uses for my herbal remedy that has worked wonders as well and yes including my kitties that it's helped
• Abernathy, Texas
15 May 08
anniepa, what a great idea. I would certainly read it when you published it. I think there can't be too many books about natural healing remedies.
1 person likes this
@robert19ph (4577)
• Philippines
13 May 08
Why don't you contact the patent office and asked the procedure on how to patent your invention? I think you only need a lawyer to verify the date when you conceived of the idea. There might be other people who also conceived of the idea first. First you need a good invention name. What's the invention for? What's different about it? When the it was concieved? etc. You need these minimum information to start with. My friend had some patent to her name but she submitted to our company and the company legal office handles the procedure. She just fill up some forms and submit it. If it's too hard for you to patent, look for a buyer of your patent and sell it. This way you'll avoid the headache of patenting your idea. This is a herbal medicine, try contacting company who are in these business and try to sell it to them. You must have like non disclosure agreement to them. so they don't own it as their own idea and patent it. Good luck. Anything is possible.
1 person likes this
@pyewacket (43903)
• United States
15 May 08
Well it's not really an "invention" but an herbal remedy that I have used and has helped me time and time again not only for my carpal tunnel but have used for many other purposes, and I just bet a lot of people don't realize the healing potential of this common herb