The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Oct 23rd, 2020, 4:34am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
I have an Invention ... Now What?
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Patent Idea, not sure how to go about starting it?
« Previous topic | Next topic »
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Patent Idea, not sure how to go about starting it?  (Read 1911 times)
M. Arthur Auslander
Full Member
***


I love YaBB 1G - SP1!

   
Email

Posts: 541
Re: Patent Idea, not sure how to go about starting
« Reply #5 on: Feb 12th, 2004, 5:30am »
Quote Quote Modify Modify

Dear PFuniciell,
 
Lawyers have over the millenia earned their bad reputation. That reputation does not USUALLY include, patent practicioners stealing clients inventions.
 
The biggest abuse is their being paid for the legitimately obtaining of patents which on there face have no value or practical use and or are avoidable.  
 
I cannot recall ever hearing of a registered practicioner ever stealing an invention.
 
Even, no good patents, are not cheap. They are going to cost several thousand dollars.  
 
Frankly that is why we start with a Reality Check®, to save time money and worry. Get straight answers as to what your chances are with or without a patent and if a patent is issued, "will it give you what you want?"
 
Just seeing an after product on the market does not mean that it was stolen and I am not aware of anything  
that has even been imputed to $100M a year industry that gets patent, where only one in 10,000 get back more than they pay.
« Last Edit: Feb 12th, 2004, 6:02am 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®
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: Patent Idea, not sure how to go about starting
« Reply #6 on: Feb 12th, 2004, 11:26am »
Quote Quote Modify Modify

I'll go ahead and toss in my 2 cents as well, though most of the ground has been covered already.
 
1.  Attorney/Firm stealing your idea.  It's more than an ethical obligation not to do so -- it's a legal obligation.  Violating a client's confidence, along with mixing their money with the attorneys, are grounds for "virtually automatic disbarment" (quoting my ethics professor).
 
Now, please don't take this the wrong way, but very few patent practitioners will *want* to steal your idea.  Not that it's not a great one, but keep in mind that patent practitioners have to pay their mortgage (or rent) every month for 30 years or more.  Stealing people's ideas is not a good way to meet that obligation long term.  Patent practitioners have spent many years developing a highly sought-after skill so that they can provide a service.  Most patent practitioners would much rather develop a long-term, rewarding relationship with a prolific inventor providing that highly sought-after service than steal one of her/his ideas and take a huge risk that it might not churn out the big bucks.  And ... you can only steal so many ideas before people stop bringing them to you. Wink
 
Given that context, I've never signed a client's NDA.  Not by always refusing, but by explaining this to them -- then they forget about the NDA and get down to business.
 
2.  How to get started.  Just a matter of semantics, you said you wanted a patent license.  I think you meant you wanted a patent that others might be able to license from you for a fee.  It might sound nit-picky, but I find it best to clear up exactly what the question is before proceeding.
 
Mr. Auslander's admonition that not all patent applications are worthwhile is appropriate here.  A patent practitioner can help you estimate the costs of going forward.  You'll have to figure out the benefits (potential market size, ability to preclude competitors, etc.) against which to balance the costs.
 
Mr. Stasik is correct about the US being first-to-invent rather than first-to-file.  However, I wouldn't rely on that too long -- especially since you perceive your market to be worldwide.  All other countries are first-to-file jurisdictions and you'll want a US application on file ASAP for those jurisdictions, just in case you want protection outside the US.  That's a decision you can generally defer up to one year after filing in the US.
 
Here's my take on the "Most Important Thing You Need to Know About Patents:"
http://www.iveylaw.com/index.php?option=articles&task=viewarticle&am p;artid=3&Itemid=3
 
In short, it's timing.  Things you may be doing now might preclude you from getting a patent in the future.  If you do the wrong thing now, the ability to get patent protection may be lost and the decision as to whether it's worthwhile to file an application then becomes moot.
 
Good luck!
IP Logged

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




   


Posts: 2
Re: Patent Idea, not sure how to go about starting
« Reply #7 on: Feb 12th, 2004, 12:14pm »
Quote Quote Modify Modify

I would like to extend my appreciation for your guys' input and information. I feel a little more level-headed as far as the legal parameters you have laid out in relation to someone stealing a potential idea. And yes, I am fully aware of the fact that so many people think they have the world's greatest invention, only to be shot-down and told it's not gonna happen. I could very well fall into that category as well, but I really see a market for this invention (it's economical, low-maintenance, low-cost, and profitable while it's operating, and it pertains to resorts. (Hence, the global market craze) Thanks again and if it's o.k. with you, I would like to ask if I can keep in contact vie e-mail for any further advice?  
 
PFuniciell
IP Logged
M. Arthur Auslander
Full Member
***


I love YaBB 1G - SP1!

   
Email

Posts: 541
Re: Patent Idea, not sure how to go about starting
« Reply #8 on: Feb 12th, 2004, 6:23pm »
Quote Quote Modify Modify

Dear PFuniciell,
 
The heartbreak in this business is when a really good invention gets patented and then goes nowhere.
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®
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: Patent Idea, not sure how to go about starting
« Reply #9 on: Feb 13th, 2004, 7:21pm »
Quote Quote Modify Modify

on Feb 12th, 2004, 12:14pm, PFuniciell wrote:
... and if it's o.k. with you, I would like to ask if I can keep in contact vie e-mail for any further advice?

 
It's fine with me, but don't use the address associated with my username -- it's heavily spammed (more than 1,000 per day) and heavily filtered.  Go through my website instead.
 
And, if your question is a general one (not specific to your facts), why not post it here so others can learn too?  And, you might search the archives in that a lot of issues seem to repeat.
 
And, there's a limit to how much time each of us can spend with an issue before we have to start charging for it.  In my case, it's not so much an issue of money as an issue of time, having a line of paying clients waiting for their patent applications.  I generally don't have enough time to do anything more than an ocassional tidbit of patent law off the top of my head.  I hope you'll understand.
 
Regards.
« Last Edit: Feb 13th, 2004, 7:22pm by JimIvey » IP Logged

--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Pages: 1 2  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