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Topic: Contest a Patent (Read 9794 times) |
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Whitemouse
Newbie
Posts: 8
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Re: Contest a Patent
« Reply #10 on: Apr 8th, 2007, 9:40am » |
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on Apr 8th, 2007, 9:21am, Wiscagent wrote:"I paid for the provisional patent ... they won't pay my application fee to the patent office until ..."
They won’t pay your application fee right now (for whatever reason), suggesting that they have written and have a ready-to-file patent application. Have you read and reviewed the patent application? Jeff Sonnabend offered his services, perhaps you should have him take a look at the application. If you haven’t been provided with a copy of the application, I suggest that you request one. |
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I appreciate that Jeff offered his service, however, I have already paid for the following.
Patent search = paid and concluded.
provisional patent = provisional application is being reviewed and mailed to me for my signature and will not be filed to the patent office until the virtual prototype is complete. " The reason being is they want everything done 100% prior to filing the application, there is a 12 month limit before I have to file the non provisional patent."
Since the company will be searching for a manufacturer to license my invention they want all available time to do so and since it can take 4 to 8 weeks to finish the website and it could take the patent attorney up to 3 to 4months to write the utility application, this doesn't leave much time to find a manufacturer.
Since I have already paid for everything upfront, I don't have the money to hire Jeff. I am just hoping everything works out, this company has been in business for 8 years with no complaints every filed against them so I feel 90% comfortable, I just don't like waiting to file my application as thousands of applications are filed daily I just fear someone might beat me to patent office and I can't afford to lose all that money as I got a low paying job and that money took me years to save.
Thank you for your input / advice.
K.B.
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| « Last Edit: Apr 8th, 2007, 9:47am by Whitemouse » |
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JSonnabend
Moderator
Senior Member
Posts: 2251
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Re: Contest a Patent
« Reply #11 on: Apr 8th, 2007, 3:38pm » |
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Richard -
I appreciate your efforts here with Whitemouse. I'll never understand why some people come here looking for advice, receive it gratis from fully qualified professionals, and then argue when they don't like what they hear.
I've given up with this guy. This "firm" he's hired is so clearly blowing smoke up his skirt that it pains me, but he's refused to listen.
Let him have his "provisional patent", his "patent pending rights", and his filing delay. Forget about constructive reduction to practice. Forget about proper 112 support. He'll have a "virtual prototype", a "virtual website", empty pockets and absolutely nothing of value.
- Jeff
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| « Last Edit: Apr 8th, 2007, 3:42pm 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 #12 on: Apr 8th, 2007, 4:33pm » |
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It may end up the way you say, however, that's my problem and not yours.
You have offered nothing but negative attitude, this forum is a joke and you have such a poor attitude that I am surprised anyone would hire you at all.
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JimIvey
Moderator
Senior Member
 
Posts: 2584
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Re: Contest a Patent
« Reply #13 on: Apr 9th, 2007, 6:57pm » |
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Well, I'll jump in late in the game, but hopefully to add some credence to what's been posted already. And, I hope I don't portray any "attitude" -- none is intended.
There's no such thing as a "provisional patent" -- only a provisional application. The distinction is crucial -- an application gives one absolutely no rights to exclude others from making, using, selling, or importing an invention. Only an issued patent does that. If that's what you mean by "protected", you are absolutely not protected by a provisional application.
A provisional application does not give you 12 months to shop your idea around. Other aspects of US patent law do.
A provisional application does allow you to postpone filing of a real patent application by up to 12 months -- but only if the provisional application describes your invention at least as fully as a non-provisional application would. There is absolutely no relaxed standard of sufficiency for provisional applications relative to real applications. So, unless your provisional application meets the legal standard for a real application, it doesn't even buy you the 12 months. And, you usually won't know it's not good enough until it's too late to do anything about it.
Provisional applications were created as a patch for a weird quirk of US patent law vis-a-vis foreign applicants. It was never intended to be a place for people to just dump garbage on paper in hope of preserving some patent rights down the road. However, that's exactly how most people use provisional patents. And, they're no good for that purpose.
I'd also offer a word of caution re a search that comes back "all clear." The world of prior art is so vast that no mere mortal can effectively search all of it. So, there's always a risk of invalidating prior art out there. You generally search until you don't think it's worth spending more money to further reduce your risk. The residual risk left after a search follows a curve of dimishing returns. At some point, the incremental assurance you get just isn't worth the incremental price. Then you stop searching.
The question is for you is "where did the marketing group draw that line for you?" Did they do the bare minimum search (usually costs a few hundred dollars)? The bare minimum search just tests whether a quick glance at the published literature could save you thousands of dollars if something pops up immediately. Did they do a typically rigorous search (usually costs $1,000-2,000)? That's a more thorough search before investing too much money on a venture (more than just a patent application). If you're going to invest 5 or 6 figures, a few thousand on a fairly thorough search might make sense.
But, most importantly, you should understand that there is no such thing as a perfectly complete search such that your risk is entirely negated -- suggested by the "all clear".
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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buster
Guest
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you were right, I got ripped off! and now they sold my invention
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