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I have an Invention ... Now What?
(Moderators: Forum Admin, JimIvey, JSonnabend)
   What do I do first...after the thought?
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   Author  Topic: What do I do first...after the thought?  (Read 2588 times)
roger rainville
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Re: What do I do first...after the thought?
« Reply #10 on: Mar 5th, 2004, 11:07am »
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I have thought of somthing that im sure would sell big.
 
what now
 i am willing to sell my idea to lets say sony ect
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JimIvey
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  jamesdivey  
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Re: What do I do first...after the thought?
« Reply #11 on: Mar 5th, 2004, 1:12pm »
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There's just too much to say about that in a forum like this.  Luckily, most of it has already been said.  
 
I'd suggest looking for patent FAQs and trade secret FAQs -- even invention submission FAQs.  There's a recent decision in trade secret law that really favors  people in your position.  I've just heard about and read about it but have not read the opinion itself yet.
 
Of course, there are many patent FAQs listed here:
http://www.intelproplaw.com/Patent/
 
I'd suggest reading up on the various FAQs already out there and see if they answer all your questions.  If not, come back here.
 
Good luck!
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James D. Ivey
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M. Arthur Auslander
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Re: What do I do first...after the thought?
« Reply #12 on: Mar 10th, 2004, 6:18am »
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Dear Mr. Ivey,  
 
You and I both know an inventor should get to a patent lawyer they can trust ASAP.
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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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JimIvey
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  jamesdivey  
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Re: What do I do first...after the thought?
« Reply #13 on: Mar 10th, 2004, 2:34pm »
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Dear Mr. Auslander,
 
I'm a bit baffled here.  I see post after post by you that inventing and patenting can be a total and complete waste of time and money.  It seems rather contradictory to send them running to a patent attorney immediately after the flash of brilliance by which the invention is conceived if the invention and patent process is likely to be a big waste of time and money.
 
My FAQ quoted above is an attempt to educate clients sufficiently to avoid losing whatever rights they might have had while doing their due diligence to make sure it's not a waste of time.
 
So, I may have to respectfully disagree -- I don't *know* that the first thing any inventor should do is see a patent attorney.  I'm not even sure I *think* that.  But, if the invention appears to have legs (potential to go somewhere), I think seeing a patent attorney very early is a really good idea.
 
Regards.
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M. Arthur Auslander
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Re: What do I do first...after the thought?
« Reply #14 on: Mar 11th, 2004, 8:21am »
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Dear Mr. Ivey,
 
Do you believe your job is to JUST get patents or to help clients? Are you telling me that you cannot look at a disclosure, before or after a patent search, and not know that even a patent on it cannot make money because of narrow claims?
 
What is the value of an avoidable patent with narrow claims or a patent that is dominated by patents not owned by the inventor or the assignee or for that matter, what is the value of an application finally rejected?
 
Do you counsel the commercial client as to alternatives such as trademarks or the combination of patent and trademark or even trade secrets?  
 
I counsel clients to examine both their rights and best interest. A well protected trade secret can last forever. Over the millenia the law has never been certain but there are still sign posts that cleints can be taught to read to get as far as they can or early on take a better road.
 
I don't make decisions for the client but present a big picture as early and realistically as possible.
 
The seeing the patent lawyer early is particularly important for those that have no experience. There may be exponential value for the experienced client to act quickly to make sure that as many options that are available can be quickly considered.
 
« Last Edit: Mar 11th, 2004, 8:24am 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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