This transcript was generated from the episode audio and may contain minor errors.
[Music]
Advice about getting a patent is not one size fits all. When we talk about getting patents, protecting your intellectual property and your physical prototypes, et cetera, it's something that I've had to get schooled on myself because I don't know a lot. I'm not a lawyer by background, but at least now, after a couple of years of doing this and talking with people, I know what I don't know, okay? So it's taken me a while, but I think I actually have a decent answer to this question, which comes up from time to time. Today, the question comes from Rebecca, but I also want to give a shout out to Karen Wade Cavanaugh in Boston.
Karen is one of my go-to patent attorney experts that have helped me out over the years. So thank you, Karen. Thanks to anybody else who has sent me an email saying, "Here's what you really need to know." So let's hear the question. By the way, this is Chris Guillebeau. You're listening to Side Hustle School.
The question is, "Should I hire a lawyer and get a patent?" But let's hear it directly from Rebecca. [Music]
Hi, Chris. My name is Rebecca, and I live in Los Angeles. I've been listening to your show and loving it for over a year. I have an idea that I can't stop thinking about.
I've wanted and needed and thought about this item for over a decade to solve an everyday problem, but your show has finally inspired me to take action. I know I could sell at least a few of these as I've made some makeshift ones that people tell me have changed their lives. And friends I've mentioned the idea to keep texting me to ask when they can get one. But I can't figure out how to decide if I need a patent. You say not to worry about that, just focus on the idea, take action and get started.
But once in a while, it seems it was important that someone went through that process. The money to hire a lawyer seems daunting, but it is a really simple idea that could be easily copied. Also, there's the question of how do I make it? Have you ever thought of creating a step-by-step guide for people like me who have a very simple idea but are not makers of things? I know what it would look like, how it would function, but I have never actually made something like this before.
You have mentioned the website Upwork, which I've been exploring for freelance product designers. But again, how do you just take the plunge and trust someone in another city with your very simple idea? Well, thanks so much for your time. I look forward to your answer. - Rebecca, thank you so much.
You were awesome. I'm so glad that the show is hopefully helping you move forward with this idea that you've had for a very long time. At least you sound excited about it. And I truly hope that this year you'll take some next steps. So let's kind of dive in here.
And by the way, I wanna focus on probably the first half of your message more. I don't actually have a step-by-step guide for what you mentioned, or let's maybe talk about Upwork another time. Let's focus on something you said that I took note of. And you said, referring to me, you say often not to worry about getting a patent, just focus on the idea. But once in a while, it seems it was important that someone goes through that process.
Okay, so that's really good. What's the difference there? How do we break it down? And I do believe for the most part, for a lot of people, it's much more important to focus on the idea itself because your greatest challenge, your greatest obstacle in making this successful, not just creating the product, but selling the product, the greatest challenge you face isn't that someone will come along and steal your idea, it's that no one will care enough to buy it. Like that is by far a greater problem for most people and most projects.
But to be clear, as you said, sometimes it is important to go through that process. So it's definitely not one size fits all, but I'm gonna give you a rule of thumb, you and our other listeners, that I hope my patent lawyer friends will not take me to task on. And the bottom line is ultimately, as I said, I'm not a lawyer, so if you're in this place, you've been thinking about it for a long time, it sounds like you might want to go and at least get a consultation to have more of an informed answer that relates specifically to your idea. But generally speaking, if you or anyone, it truly has a technology or an invention or process that is fundamentally unique. And the value of that product or feature is based on the property of being unique.
And you believe it is potentially valuable. I'm gonna break this down, don't worry. And you believe it is potentially valuable, so much so that you're willing to both wait and invest some real money. That's when going through the patent process is important. Okay, so as promised, let's break it down.
A technology or invention or process that is fundamentally unique. So in some ways, there's nothing new under the sun, but in some clear way, you have made something that you can point to and say, actually, it hasn't been done this way before. And I'm pretty convinced of that. Maybe someone can come along and give you specific advice as to whether that's the case or not, but you believe at least something is fundamentally unique. Now second, the value of that feature is based on the property of being unique.
Let me give you a few examples here. I went to pull some examples from our archives, all different episodes of people who've gone through the process of getting a patent. And I found reusable bendy straws. I found mugs made of ice, hair barrettes made by a mother and daughter duo, neck hammocks sold by a physical therapist, and eyewear protection sold by a U.S. Marine who invented a solution for storing sunglasses under hats.
So in each of these examples, and we'll link all of them up in the show notes, in each of these examples, what makes it unique and what makes it valuable are either directly connected or at least closely related. Okay, and the last characteristic was, you're willing to both wait and invest some real money, which should be self-explanatory. But the point is, if you really want to go down this road, you probably won't be able to go to market right away. You might be able to obtain a provisional patent that essentially protects your filing date, but according to the experts I've spoken to, that definitely doesn't give you the same protections that a non-provisional patent would give. And to get that takes a long time and a fair amount of money.
[Music]
So once again, if you fall in this situation where you think it might be important, and you're really serious about this project, go and get a consultation from a real patent attorney, ask questions specific to your situation, and also get that person to explain in detail the required process, as well as their best evaluation, their best judgment on how long it will take and your odds of success. But remember, patent or otherwise, the greatest challenge you face isn't that someone will steal your idea, it's that no one will care enough to buy it. So regardless of which path you pursue, I think that is something important to keep in mind. All right, good luck. Thank you again, Rebecca.
Let us know what happens. We would love to update our listeners. And listeners, if you have a question, come to sidehustleschool.com/questions. We'll be featuring them throughout the year, along with updates. Today's non-patented show notes are at sidehustleschool.com/1110.
That is 1,110-1110. We now include transcripts as well, and you can sign up for a newly updated email series. Thank you for listening. More is on the way. My name is Chris Guillebeau.
This is Side Hustle School. [Music]
- From the Onward Project.
