Should I get a patent? Idea for a 1911 Holster

[TheHobbyist]

Greetings,

First, happy 4th of July to everyone. I hope everyone has a safe and enjoyable Independence Day!

I have an idea for a 1911 holster that is new, never been designed before holster, which I have thought about for some time.

My question is: How challenging is it to get a patent and copyright a design? How can I research to ensure or double, triple check, to ensure a design has not been made before?

I didn't come up with the idea to make money. Really, I just thought of something practical, which I haven't seen in the marketplace after extensive research.

Separate question, if you thought you had an idea for an innovation in the market, would you further pursue? I sincerely believe it is: 1) a new design; 2) practical; and 3) a benefit to those who would use the 1911 platform.

Please share your thoughts. I am a novice to getting patents and to something like this.

My goal would be to serve as a benefit to those who use the 1911 platform. Should any manufacturer wish to supply the design, I would likely let them ''run the show''. I have a new family, a life-long career, and would consider it a privilege to contribute to my hobby.

 

[feralmerril]

Whats it look like?

 

[Onomea]

We have some holster makers on the forum. How about PM them to discuss? Lobo Leather, was it, and Bell Charter Oaks, was it? The latter is Old Flatfoot, AKA Lefty.

Personally, it seems unlikely to me that you have designed a new holster, frankly, as I would guess just about everything conceivable has been tried. It seems more likely to me that there is a reason why you have not found similar designs. I.e., that there is some flaw in the design. I think a holstermaker would know. But I do wish you good luck with it!

 

[relic]

Step 1. Have an intro chat with a patent attorney.

 

[NCTexan]

Let us see all the details and we'll let you know. And I promise, I'll keep you secrets private.

 

[Wee Hooker]

I've applied for patents in the past. You can do it on your own but it's VERY time consuming to do the research and comparisons of what's already out there. That said, if you think you have a winning design that has market value, perhaps you should get a contract together with a manufacturer and have them make some up. If they sell well, you then have income to apply for the pattent.

 

[snubbyfan]

We have some holster makers on the forum. How about PM them to discuss? Lobo Leather, was it, and Bell Charter Oaks, was it? The latter is Old Flatfoot, AKA Lefty.

Personally, it seems unlikely to me that you have designed a new holster, frankly, as I would guess just about everything conceivable has been tried. It seems more likely to me that there is a reason why you have not found similar designs. I.e., that there is some flaw in the design. I think a holstermaker would know. But I do wish you good luck with it!

I agree, in designing and making custom leather holsters for myself and others, I researched many different designs by different manufacturers to come up with a design that works for me. New and innovative doesn't always mean better.

 

[TheHobbyist]

Thank you for the replies so far

Feral,

I respect the request but I sincerely believe it is an innovative design and do not want to share at the moment.

I have tested the concept piece, and it works well. Undoubtedly, a manufacturer would have the resources to make a more ''refined'' product to the end user.

I am sort of ''weighing my options'' at this point. Do I go through the expense and hassle or simply perfect my own design and not patent.

The recommendations to contact someone else on the forum is good. I have considered this, but my concern is that the design might be copied.

Thanks for the replies so far and well wishes. I will look to more comments.

I truly believe nothing like it is on the market, and the design is superior to what I have seen.

 

[TheHobbyist]

I should note that this has been something I have been thinking about for close to a year. In the last six months, I have been considering asking the group here on the forum its opinions.

After consideration, and test trials, I am of the opinion that it is something worth pursuing. Just questionable on how far I should take the project.

 

[Delos]

Patent Search

First you need to do an online patent search. This government site might help. I once gave up when it got complicated. Have not tried since the internet allegedly made it easier.
Search for Patents

 

[feralmerril]

Good luck but you need to understand us oldtimers idea of humor.

 

[TheHobbyist]

Haha, sorry Ferall. I guess I was a little slow! It happens, and i'll be the first to admit it. Happy 4th to you and yours.

 

[snubbyfan]

Honestly, I think you should research and go for it. I've come up with ideas and designs and blabbed it all over only to see someone else marketing something I came up with.
The most memorable is a mountain bike I built many years age. At the time everyone said I was doin' it all wrong. Whoever heard of building a hardtail with a longtravel double crown fork, shorty stem, downhill wheels and tires, a hydraulic rear rim brake and front disc brake along with other "wrong" elements. I like it and blabbed about it. A couple of years later the major bike manufacturers came out with the innovative new "east coast freeride hardtail," which was basically a copy of my bike. I called it Frankenbike because at the time it was an overbuilt monster made of mismatched parts.
Even if you don't get a patent on it you could probably still get it copyrighted.

 

[kwselke]

If you get a patent you have to be willing, ready, and able to defend the patent. You basically have 20 years to make your investment become profitable.

Folks will make minor changes to the product and you'll end up in court. All this takes money. If you win, the other party declares bankruptcy and you're running out of time to market your product.

When you are ready to market and exploit your invention, patent it and run with it. If you are going to patent it and expect someone else to make and market it to make you rich, do not bother.

 

[smokindog]

35 years ago I came up with an idea to bury an antenna around the perimeter of my yard and use a miniature receiver that produced a "shrill noise" affixed to my dog's collar. I even spec'd out multiple frequencies in the 700 MHz band (open spectrum that would easily deal with the organic interference in the soil) so the devices didn't conflict in neighboring perimeters.

Everyone told me how stupid this was, blah, blah, blah.

I'm still working for a living Guess what I didn't do. Even if I hadn't gone to manufacturing, the patent alone for the invisible fence would have been worth it!!!!

That said, there have been a multitude of truly STUPID ideas I've had

 

[Bullet Bob]

There was a well known old holstermaker who used to do what he called "a poor man's copyright". He would box up his original design, and mail it to himself. Leaving the box sealed, he would have the Post Office stamped date to prove the date of design.

I'm not saying you should do that, I just thought it was interesting; I read it years ago in an article in Gun Digest by Bob Arganbright, who wrote several great articles through the years on holster design and collecting.

 

[Delos]

"Design Patents"

To TheHobbyist, I have seen you use the word design, but not the words "Design Patent". (So just in case this is of any value)

I have read about pottery and furniture (?) makers using "Design Patents".

Here is a definition:

Example of a Design Patent

 

[blujax01]

Step 1. Have an intro chat with a patent attorney.

Step 2. Listen when the attorney says to stop chatting about it on Internet Forums. Even in vague terms.

 

[rjencks]

A friend of mine went through the patent process and it took him two years and about $7K.

I would visit the patent attorney and find out how to protect my design (design patent... copyright), do that, and then shop your design to holster manufactures.

Try to get them to buy your design, you get a check and they get the legal headaches.

 

[Retired LTC USAR]

I you need money to help you in the process you could try on get on "Shark Tank" and get an investor there!!!!!!!!!