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I have an Invention ... Now What?
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Samantha K. Aungst
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Help!  New to all of this
« on: May 10th, 2004, 3:13pm »
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My friend and I have a lot of great ideas.  They are easy to manufacture and seem like things that companies would want to produce to expand business.  We are trying to figure out where to start without getting taken advantage of or swindled.  We need money to start everything also.  Please help us get started. Any advice would be helpful.
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M. Arthur Auslander
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Re: Help!  New to all of this
« Reply #1 on: May 11th, 2004, 6:09am »
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Dear Samantha K. Aungst,
 
Our Reality Check® was designed to save people like you time, money and worry.
 
You can spend a fortune, get a patent and then be stuck. I can't guarantee that you will make money but I certainly can see in many instance where all you can do is send with little chance of ANY reward.
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M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
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Samantha K. Aungst
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Re: Help!  New to all of this
« Reply #2 on: May 11th, 2004, 2:35pm »
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Thank you for responding.  I appreciate any help.  What does the Reality Check entail and how are my ideas protected in this initial phase?  I was also curious if anyone knew of a good way to get a grant or what a person's chances are to be awarded one.  Thank you for taking the time to help!
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JimIvey
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Re: Help!  New to all of this
« Reply #3 on: May 11th, 2004, 3:53pm »
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With respect to initial phase protection, people typically start with trade secret protection.  You keep your idea secret and only tell people who sign an agreement promising to keep your secret -- those are called NDAs or CDAs: Non-Disclosure Agreements and Confidential Disclosure Agreement (those are synonyms).
 
During the pendency of your patent application, you can still be protected by trade secret until your patent application is published or your patent issues, whichever happens earlier.  However, it's pretty hard to keep the secret while trying to market it.
 
In addition, there are reasons not to wait too long before filing your patent application.
 
As to what the odds are for ultimately getting a patent, they're pretty good assuming you're reasonably certain no one else has done the same thing before.  However, the odds are appreciable that the value of what you get might not be worth the effort -- for example, you might only get a very narrow description of your patent right (a very narrow claim) that has little value in the marketplace.  Some companies in the process of building a substantial portfolio won't mind if a few are narrow, but people for whom the value of each patent matters might decide not to spend much on a patent application of limited value.
 
The decision as to whether it's worthwhile to proceed with a particular application is strictly a business decision -- a weighing of the potential benefits of the patent (weighted by the probability of actually acquiring it) vs. the potential costs in getting the patent (in terms of time and money).  No attorney can do that for you, unless they have specific experience in your particular business as a businessperson (not merely an attorney advising business people in your market).  Valuation of property assets and evaluation of potential markets are strictly business things, not legal.  However, what an attorney can do is help you assess the potential coverage, probability of success, and estimated cost to get the patent.  Somebody else will have to supply the other parameters of the cost-benefit analysis.
 
I hope that helps.
 
Regards.
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M. Arthur Auslander
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Re: Help!  New to all of this
« Reply #4 on: May 12th, 2004, 9:12am »
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Dear Samantha K. Aungst,
 
The Reality Check® is a review of the fact and the law and how they apply to the invention. Ideas are protected by legal confidentiality. If the law and facts look good, the next step is a patent search.  
 
Law and facts are applied to the search results. The interest and reality of the inventor are foremost. Even where a disclosure looks patentable, the realities of the situation may suggest alterntives, including no patent application or a trade secret.
 
 
 
 
 
 
« Last Edit: May 12th, 2004, 9:19am by M. Arthur Auslander » IP Logged

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
Reality Check® ELAINE's Workshop®
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