The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Oct 23rd, 2020, 5:08am

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)
   how to patent
« Previous topic | Next topic »
Pages: 1 2 3 4 5 6  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: how to patent  (Read 3135 times)
peanut
Newbie
*


I love YaBB 1G - SP1!

   


Posts: 1
how to patent
« on: Dec 18th, 2003, 3:32pm »
Quote Quote Modify Modify

i have recently made an idea for a product but do not know how to patent it, might i add that i am canadian im rather new to business can someone help me. thanks
IP Logged
M. Arthur Auslander
Guest
Re: how to patent
« Reply #1 on: Dec 18th, 2003, 7:09pm »
Quote Quote Modify Modify Remove Remove

Dear Peanut,
Patent bedamned. The big question is how to deal with the idea if it has any value and to keep yourself from spending a fortune before you find out.
 
That is why we have the Reality Check®.  There are scams and even patent practitioners that can get a lot of money out of you for ideas that have no possibility of making money.
 
M. Arthur Auslander  
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
ELAINE's Workshop®
E arly L egal A dvice I s N ot E xpensive™
Reality Check®
 
 
IP Logged
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: how to patent
« Reply #2 on: Dec 19th, 2003, 11:34am »
Quote Quote Modify Modify

Hi Peanut,
 
Here's a little article I call, "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, Timing!  You need to know what sort of activities in which you may engage can damage your patent rights.
 
There's a book on the patent process generally by David Pressman called "Patent It Yourself" (Nolo Press).  A lot of people get started there.
 
In essence, you add to the aggregate body of public world knowledge and you can prevent others from exploiting what you've added for a period of time.  The patent will (i) add your knowledge in the form of a detailed description and (ii) will define, in legal terms, exactly what you're entitled to prevent others from making, using, selling, importing.  Of course, the knowledge you add has to actually be added (not there before) and be more than an obvious variant of what's already in the public knowledge.
 
Are you interested in filing in the US first, or in Canada?  I'm CTO of a startup based in Calgary and I have a number of Canadian clients and contacts, so I can help you get going in the right direction however you'd like to proceed.
 
Regards.
IP Logged

--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
M. Arthur Auslander
Guest
Re: how to patent
« Reply #3 on: Dec 22nd, 2003, 6:48pm »
Quote Quote Modify Modify Remove Remove

Dear Mr. Ivey,
 
Is it not true that the claims of a patent define the invention? Thus just getting a patent could be a waste of time, money and worry?
 
Now as weak patent to a commercial client may have fighting value and publicity value. But JUST getting patents can be a waste of time money and worry. There are questions more than the law itself and the patent that don't seem to be dealt with here.
 
There are non lawyer operators that make $100M a year and get patents. Only one in ten thousand get back more than they pay.
 
I think the realities of the law as well as the law itself has to be presented to the client. One of the best patents I have ever gotten was shown to a company that rejected it.
 
Within three years the industry offered a $50,000,000 prize for a device such as that patent. The company we showed it to got the $50,000,000 turning out an invention not as good as the patent and not infringing the patent.
 
M. Arthur Auslander  
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
ELAINE's Workshop®
E arly L egal A dvice I s N ot E xpensive™
Reality Check®
IP Logged
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: how to patent
« Reply #4 on: Dec 23rd, 2003, 11:46am »
Quote Quote Modify Modify

Dear Mr. Auslander,
 
I'm sure by now we all know about your services and your perspective on value of patents.
 
However, I think you overlook the obvious.  The value of patents generally cannot be determined adequately by patent attorneys or agents.  The value of a patent is the total sum of the market value of all embodiments which infringe any of the claims less any difficulties with enforceability of the claims.
 
What we, as patent attorneys/agents, can do is minimize any problems with enforceability by complying with the prevailing applicable patent laws as best we can and by writing and getting allowance of claims as broad as possible.  
 
Thus, the claims should encompass as many embodiments as possible.  However, not all embodiments have equal value.  What we generally cannot do is assess the market value of embodiments which do infringe.  A broad claim can be less valuable than a narrow claim, depending on what is precisely covered by the claims.  
 
Consider this as an example:  suppose on one hand we have a very broad claim for treatment of a non-fatal disease which afflicts less than 10 people every year, and suppose on the other hand we have a very narrow claim which is infringed by Microsoft's Internet Explorer.  Which would you rather own?
 
Unless you include a detailed financial model and market analysis in your service for evaluating a patent prior to filing, I would suggest your service is an incomplete analysis at best.
 
Personally, I don't do market analysis.  I tell my clients what the patent will cost them (roughly) and highlight any pitfalls I might see which might compromise the ultimate value.  But the utlimate value and the weighing of that value vs. the costs is somebody else's job.  And, in my opinion, it must be the job of someone familiar with the economics of the market to which the invention pertains and familiar with economics generally and business plan evaluation.  That person is typically not a patent attorney.  If you have full competence in the economics of all the markets in which your clients are (or might become) involved and in patent law, you're a rather impressive person indeed.
 
Regards.
IP Logged

--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Pages: 1 2 3 4 5 6  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