For fads, you can count on the initial impact of the gadget to make you the money and then not worry about the patents. But you have to get in with HUGE volume to start with and some help from a distributor.
You make your fortune before anyone has made any copies. By then you don't care, and you use the profits to go for bigger and better.
Best if you have a working model and/ or design plans from a professional designer.
Remember: NON-DISCLOSURE AGREEMENTS!!!!
They are the cheaper version of a patent and are real easy to make.
If your gadget is deemed to be of appeal and cheap enough, a distributor may even pursue the patent for you. You can expect to make a deal on either royalties or a licensing agreement if the item has quite a long life-span.
Another way to protect your self is to patent not the whole device, but the part or process that is unique that allows it to function properly. That way you protect against spin-offs using the popularity of your device too.
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