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I have an Invention ... Now What?
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Pearletta
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patents
« on: Apr 2nd, 2004, 10:25pm »
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I need a patent pronto. Can I file for prov. patent with drawings for $80.00 without an attroney? A company already has my  small invention and prototype.
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M. Arthur Auslander
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Re: patents
« Reply #1 on: Apr 3rd, 2004, 4:40am »
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Deqr Pearletta,
 
Anyone that "thinks" they need a patent quickly looks as if they are on the edge of expensive NOTHING.
 
It is easy to get a patent, my recollection of the statistic is that ONLY one in ten thousand get back more than they pay for a patent.
 
The questions are. What do you have? What can you do with it? What is the state of the art?
 
Just getting a patent has no relationship to the protection an INVENTION needs or what protection the invention CAN get.
 
That is why there is ELAINE's Workshop® E arly L egal A dvice I s N ot E xpensive™ and Reality Check®.
 
There are alterntives to patents such as "confidential disclosures". No matter how good the idea is or even the patent, there is no assurance that you can or are going to make money,
 
I'm not trying to discourage you but warn you. There are scam operators that make $100 Million a year, and get patents, Only one in ten thousand gets back more than they pay. My estimate is that the cost is about $10,000 before the usual patent issues, even a WORTHLESS patent. Those are better odds than a Lottery Ticket, but MUCH more expensive.
« Last Edit: Apr 3rd, 2004, 4:56am by M. Arthur Auslander » IP Logged

M. Arthur Auslander
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Re: patents
« Reply #2 on: Apr 3rd, 2004, 10:16am »
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Short answer is "Yes, you can file a provisional application for $80 without an attorney."
 
However, you should be aware that your provisional application is a big red tag which identifies your patent (assuming you eventually get one) as one that is frought with enforceability problems.  The bottom line is that provisional applications have a very specific purpose that most people ignore.  As a result, most provisional applications are filed for reasons for which provisional applications are inadequate.
 
The bottom line is this: the last minute rush to get a patent application on file is likely to leave you with problems that a provisional application can't really address (and that will be flagged by the provisional application so everyone knows those problems exist).
 
I see Mr. Auslander gave you his favorite admonition, and it's a fair one: not every idea is worth patenting.
 
My favorite admonition is to not wait too long before making that decision, or the decision will be made for you by the circumstances.
http://www.iveylaw.com/index.php?option=articles&task=viewarticle&am p;artid=3&Itemid=3
 
My recommendation would be this:  if you really want a patent (having taken care of the analysis recommended by Mr. Auslander), do what it takes to file a proper application (non-provisional) if and while you can.
 
Good luck!
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Re: patents
« Reply #3 on: Apr 4th, 2004, 6:53am »
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Well? Eric, Isaac?!
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M. Arthur Auslander
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Re: patents
« Reply #4 on: Apr 4th, 2004, 7:07am »
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on Apr 4th, 2004, 6:53am, M_Arthur_Auslander wrote:
Well? Eric, Isaac?!

 
Between your comment and Mr. Ivey's there is not much left to add.
 
The pros and cons of a provisional have been discussed here on other occasions.  It might be worth searching for some of that discussion.
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Isaac
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