Looking into doing a few patents myself, I can tell you that it is not a cheap venture.
Step 1.
Do a basic google search (Shopping/Product as well as a patent search, its in the advanced search), for your idea, if you see a product that is similar, outline how yours differs. Then circle everything in your description that is unique about your product.
That is the number of patents you "should" file so that it is more durable. That way if someone else says hey your patent is crap, you still have the other patents, as opposed to your whole idea getting thrown out.
Keep in mind with the new law that Obama passed, first time inventors/individuals who have a combined household income of less than 200k get a discount on the patent fees. If your patent is approved it will cost about $3.5k for the first 5 applications, then double that for the rest of them.
If you opt to go the lawyer route for filing the patent they are expensive, but you have someone to go to bat for you if you get a patent infringement lawsuit. (Check with your Linkedin groups or facebook groups to see if anyone knows a patent attorney that specializes in mechanical patents). Often, they will give you free advice for a 5 min conversation that will get you started down the right path.
The lawyers often outsource the prior works patent search to the same company the USPTO uses. It costs about 2k for that search.
Step 2. -- Viability --
Create a business plan, and investigate the price of comparable products. Try to estimate the cost to you that it will cost to create and ship these products as well as deciding how you will sell it and how much.
Determine if there is a market for such an idea, estimate the market or demand you think there will be, then divide that by 5. (Its better to underestimate than overestimate).
If (the market demand * the selling price - production price per unit - the patent cost > 0)
{GOTO: Step 3 }
Else
{ GOTO: Step 2 and see if you can reduce cost, otherwise halt() }
Step 3. -- The plunge --
I would start off with a provisional patent, which allows you to get your foot in the door and then you get a year after that to finish filing. It was $300 the last time I checked and you can do that without a lawyer, all you do is throw your designs and descriptions in it etc.
Once you decide to take the plunge if you do as much of it yourself as possible, you can have an attorney review your work instead of having the attorney do the whole thing, will save you a few bucks.
Step 4. -- Production ---
Find a company which will produce your product at low cost, using quality components. And hopefully you get enough buyers to make it worth your time
Good luck!
