The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Jun 19th, 2019, 10:11pm

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
   Other
   Licensing Forum
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Lots of "Patent Professionals" Advice...
« Previous topic | Next topic »
Pages: 1 2 3 4 5 6 7 8  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Lots of "Patent Professionals" Advice...  (Read 4098 times)
Jonathan
Full Member
***




   


Posts: 611
Re: Lots of "Patent Professionals" Advic
« Reply #30 on: Sep 13th, 2005, 3:14pm »
Quote Quote Modify Modify


Sounds good, thanks for elaborating. I understand where you are coming from better now.
 
thanks,
 
Jonathan
IP Logged
Wiscagent
Full Member
***




   


Posts: 843
Re: Lots of "Patent Professionals" Advic
« Reply #31 on: Sep 13th, 2005, 3:23pm »
Quote Quote Modify Modify

Mike –  
 
I agree with most of your original post (Sept. 4) except:
 
    ... products which have typically short market lives and which are
    not expensive to manufacture and do not involve new materials
    may not require patenting so much as LICENSING (to a
    manufacturer) to be "first to market."  
 
Yesterday I wrote that I was done with this discussion, but I feel obliged to respond to your latest post, wherein you wrote “Only just now has Richard ... admitted not ALL inventions will profit from a patent.”  Actually, on September 4th I wrote:  
 
    Generally I agree with you.  ... I have seen many postings from patent
    professionals on this web site that carefully explain that a patent just
    grants the patentee the right to sue for patent infringement – and
    collect damages or obtain a court order to cease the infringing activity.
    A patent certainly does not ensure business success or even the right
    to practice an invention.  ... For many businesses, patent protection has
    little or no value.  ...
 
Where I respectfully disagree with you is that you maintain that the small inventor should try to license their invention sans patent.  I believe that licensing (without a patent or patent application) is an extremely unlikely route to success; and the small inventor is generally better off running his own business.  The inventor can either manufacture, market, sell, etc. himself or contract out those functions.
 
Regards,
 
 
Richard Tanzer
IP Logged

Richard Tanzer
Patent Agent
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: Lots of "Patent Professionals" Advic
« Reply #32 on: Sep 13th, 2005, 4:00pm »
Quote Quote Modify Modify

on Sep 13th, 2005, 2:39pm, ValueProducts wrote:
Jim, for example, maintained right up to the point of angry disengagement that ANY and ALL inventions MUST have a patent.

I have to admit that I'm flattered.  No participation for 3 days and I'm still mentioned in every post.  Since we all know by now that Mike hates what he calls "strawman" arguments (I don't think he's using the term properly, but I'll assume that he is), he wouldn't misrepresent what I've posted.  Accordingly, I feel obliged to correct my previous erroneous post where I urge all people with moderately clever ideas straight to my office with checkbooks in hand.
 
on Sep 6th, 2005, 10:45pm, JimIvey wrote:
Not all markets/companies are the same.  Some pay for idea even without patents.  Others don't.  Know your market.

Please let me correct myself.  Not all markets/companies require patents before they'll pay for ideas ... oh wait, that's what I said.
 
Well, to be fair to Mike, I may have given that impression later on -- although it's really hard to post that I "maintained right up to the point of angry disengagement that ANY and ALL inventions MUST have a patent" without losing some credibility seeing as I have this one glaring contradiction to that statement.
 
Let's move on to my later erroneous statements on the topic....
 
on Sep 9th, 2005, 5:12pm, JimIvey wrote:
And, perhaps this time you'll read this:  not all inventions warrant a patent application.

I hereby apologize and rescind ... oh wait, I said that not all inventions warrant a patent application.  Why, that seems to be the opposite of what Mike represents as what I've posted.  
 
Well, since Mike was careful to add emphasis to what he's clearly reading in my posts (note the capitalized words), there must be somewhere in my post where I've contradicted those two previous statements.  
 
Ah, here it is, later in that very same post:
 
on Sep 9th, 2005, 5:12pm, JimIvey wrote:
Let me say this one more time before forever holding my peace:   not all inventions warrant a patent application.

Okay, now I give up, how can an honest person of competent reading skills infer that I have "maintained right up to the point of angry disengagement that ANY and ALL inventions MUST have a patent?"
 
If your goal is to show the world how corrupt the legal profession really is, be my guest and post away.  However, at least try to be honest and maybe make a modest effort at least in getting the facts right.
« Last Edit: Sep 13th, 2005, 4:05pm by JimIvey » IP Logged

--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
ValueProducts
Newbie
*




   


Posts: 28
Re: Lots of "Patent Professionals" Advic
« Reply #33 on: Sep 14th, 2005, 8:01am »
Quote Quote Modify Modify

[quote author=Wiscagent  
 
Where I respectfully disagree with you is that you maintain that the small inventor should try to license their invention sans patent.  I believe that licensing (without a patent or patent application) is an extremely unlikely route to success; and the small inventor is generally better off running his own business.  The inventor can either manufacture, market, sell, etc. himself or contract out those functions.
Regards,
Richard Tanzer [/quote]
 
Richard,
While I respect your knowledge of your chosen profession, it is clear you may lack a certain understanding of OTHER fields.
 
Yes, a craft or similar product that can be put together by you and family members while watching Deperate Housewives can be produced and (possibly) sold like this. There are a few other such products like t-shirts and coffee mugs with cute saying on them that you can do in this sort of cottage way.
 
Setting up a production facility and marketing outside a limited local area is not for most small entrepreneurs.  Unless you have some fairly big $ partners, AND your new product is already a proven seller (say, you've made a few and managed to get orders for more locally, with possible lines further afield).  Of course, selling on the 'Net is a possiblity, but that still means a production facility. If you are making birdhouses, no big deal.  If you need plastic extruding machines, or metal-stamping presses you are talking about capital investments likely to run into the hundreds of thousands.
 
Most new product developers ARE running their own business.  That IS their business.  Their business is not, running factories and sales forces.
 
Again, we seem to be missing some definitions here.  I understand the mythology of the "inventor" who comes up with The Idea, gets it patented and then, other than that arduous trip to the bank each month, never lifts his finger again.  Has that happened? Sure.  Rarely.  Most "inventors" are really product developers who come up with dozens if not HUNDREDS of ideas, some of which (hopefully) are practical and saleable.  Some may even warrant patenting.  Most do not.  
 
Yes. Selling ANYTHING is hard to do, whether you have a patent or not.  Once again: a patent is a form of IP protection, not a ticket to market success.
 
Best,
Mike
IP Logged
mike
Newbie
*




   


Posts: 49
Re: Lots of "Patent Professionals" Advic
« Reply #34 on: Sep 14th, 2005, 11:23am »
Quote Quote Modify Modify

Mike,
 
Whether you have an idea worthy of patent protection or not this forum is a great place to learn about the patenting process.  
 
I hope some day one of your ideas is worthy of such protection. Good luck licensing your other ideas.
 
Regards,  
 
Mike
IP Logged
Pages: 1 2 3 4 5 6 7 8  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright © 2000-2004 Yet another Bulletin Board