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Topic: Contest a Patent (Read 9793 times) |
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Whitemouse
Newbie
Posts: 8
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Contest a Patent
« on: Apr 7th, 2007, 7:52am » |
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I have a virtual prototype in the works.
I sent a nondisclosure and a drawing of my invention to a patent and marketing group. "By Fax."
I paid for the patent search and it came back with all clear and ready to go.
I paid for the provisional patent and for the virtual prototype.
According to them, they won't pay my application fee to the patent office until the virtual website is complete. (( 4 to 8 weeks. )) Because of the 12 month clock they want all possible time to find an interested party.
I don't have a problem with their approach, let's just say I am paranoid:}
(1.) My question is...........
Let's say while I am waiting for the marketing company to complete the prototype that somehow someone comes up with the same or similar idea and files the patent application right away, yet my faxes and emails and patent search prove that I was involved with this idea /invention prior to their filing date.
Do I have any legal recourse to prove I am the true inventor or will I lose all my money and my invention.
Thank you very much.
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JSonnabend
Moderator
Senior Member
Posts: 2251
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Re: Contest a Patent
« Reply #1 on: Apr 7th, 2007, 5:07pm » |
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You should be paranoid. Unless the "patent and marketing group" is a law firm, you're dealing with shady characters who are, in all likelihood, selling you a bill of goods.
For example: (1) there is no such thing as a "provisional patent", and (2) no competent search comes back "all clear" . . . ever.
Do yourself a favor. Cut your losses and find yourself a qualified patent attorney.
- Jeff
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| « Last Edit: Apr 7th, 2007, 5:10pm by JSonnabend » |
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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Whitemouse
Newbie
Posts: 8
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Re: Contest a Patent
« Reply #2 on: Apr 7th, 2007, 7:33pm » |
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uspto "DOT" gov/web/patents/types.htm
The above link from the United States Patent Office explains what a provisional patent is and I am working with a law firm / marketing group which has been in business for 8 years. I had them checked out completely prior to sending them any of my hard earned money..
It seems you sir are not informed enough / educated or slightly qualified to be giving advice on this forum.
Provisional patent is a place holder for 12 months which gives you 12 months to file your non provisional patent = Utility Patent.
Perhaps I should have stated to you that they are waiting to file the provisional application.
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| « Last Edit: Apr 7th, 2007, 7:46pm by Whitemouse » |
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biopico
Full Member
Posts: 434
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Re: Contest a Patent
« Reply #3 on: Apr 7th, 2007, 8:18pm » |
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on Apr 7th, 2007, 7:52am, Whitemouse wrote:
Do I have any legal recourse to prove I am the true inventor or will I lose all my money and my invention.
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Well, all of your documents (dated and signed) can serve as evidence of your conception for your invention. The date of conception is very important to determine priority.
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Registered Patent Agent Specializing in All Areas of Biotechnology
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JSonnabend
Moderator
Senior Member
Posts: 2251
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Re: Contest a Patent
« Reply #4 on: Apr 7th, 2007, 8:38pm » |
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I'm sorry, where on the cited USPTO webpage does it mention provisional patents? Oh, right, it doesn't. An application is not a patent, and a provisional application never will be.
Did this patent/marketing "firm" explain section 112 to you? Will the provisional disclosure support your eventual formal application claims?
Ok, minor details like section 112 aside, the firm is waiting to file a provisional. Why, exactly, is that? To prepare a "virtual prototype"? To launch a "virtual website"? Great. Care to explain how either of these relates to the application? For that matter, care to explain what the heck either of those thing are?
I've only been doing this for 15 or so years. I represented Fortune 500 companies for years while at the big NYC firms, and now I do the same for the "little guy" in my private practice. But that's neither here nor there. You clearly did your homework and picked the right "firm". You, sir, know what you're talking about.
Feel free to contact me when you realize the mess these guys have gotten you into. Perhaps it won't be too late to salvage something, but I'm not betting on it.
And Biopico, since you chimed in, care to explain how his "date of conception" matters in the slightest if he's got a deficient spec or blows his 102(b) date while waiting for a "virtual" something-or-other? Heck, if he files a properly drafted provisional now, wouldn't that give him conception and constructive R to P (and isn't that better)?
- Jeff
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| « Last Edit: Apr 7th, 2007, 8:55pm by JSonnabend » |
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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