| I am not a lawyer, I am not a patent agent. I am assuming you are in US. First you should do on your a patent search as well as just search -- to confirm that your idea is that unique. Perhaps you will find that 70% is not unique -- but just did not work because the software tools or hardware was not ready yet. This is ok. You can still patent how you use new, widely available tech, to solve a productivity issue or such. Although simple 'method' claims are not as defensible as a triplet of 'method', 'process' and 'software program' claims. Second, you cannot patent an invention after you made it available in public. So make sure that the timing and sequence of your events work.
Also if your patent is not implementable (due to an error in description ) -- you cannot 'fix it later'. So you have to make sure that your idea workable (this actually easiest part for engineers/developers). Third, do not do Provisional Patent application -- it s a waste of money. It is not a patent, it is an application to get you the 'date' sooner than if you would file a full patent Then, assuming that you have resolved that you want to patent, and that your idea patentable. You have to worry about your idea being not just stolen but also turned against you. So a well funded corp, or well-funded/lawyered-up individual -- may not just do what you are doing, but patent it in a way that will claim that their idea is original, and that you have no right to use it. So not only that they can steal it from you, they can prevent you implementing it -- if they are that malicious.
It is harder if you release open source and explain your idea to all -- but still possible. Of course, if you do not have money or enemies with a law degree -- the chances of those 'disabling' blows are low.
But there is, unfortunately, little in the US judicial system to protect you from those. Since US law does not require an inventor to implement a patent -- basically a lawyer who cannot code a production-ready system, can do this to you. Utility patents in US allow you to patent method, process, program. In many patents you will see in Claims sections something is described as a 'method', then the same thing is a 'process', and then at the end it is mentioned that the program implements the 'process'. So, in the claims section (the most important section), you could describe your invention as 'method', and as a process. If you obtain the patent, you will continue to pay its fees, to keep it current. The max live of a utility patent is 20 years. At some point in time, during that period you may turn the patent over to a foundation that allows it to be used by anybody (and they may continue paying fees to maintain it). This will not protect you from somebody implementing your ideas, but will protect you from being virtually racketeered. If you decide to work on a patent, consider a patent agent, rather than a patent lawyer. Patent agents are cheaper (although I do not know by how much), they can represent you in-front of PTO boards, but not in court. Patent lawyers can do both. If you patent eventually goes to litigation, you can get a patent lawyer at that time (although they will tell you that they are best to write patent too, to make it ready for any possible court defense). Most patents never go to litigation, and many expire even before 20 years, because the patent assignee failed to pay maintenance fees. |