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I have an Invention ... Now What?
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   how to patent
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   Author  Topic: how to patent  (Read 3248 times)
M. Arthur Auslander
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Posts: 541
Re: how to patent
« Reply #10 on: Jan 13th, 2004, 5:37am »
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Dear Mr. Ivey,
If I could get my secretary to answer posts to this forum, there would be no spelling or gramatical errors. I wouldn't type, I"d proof read and corrrect.
My typing is self taught.
« Last Edit: Jan 21st, 2004, 7:28am by M. Arthur Auslander » IP Logged

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
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Re: how to patent
« Reply #11 on: Jan 13th, 2004, 8:12am »
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Although the attorneys here seem to be good at pitching their products and insulting one another, no one has really answered the question, which is simply "How do I patent my idea?".  Well, here is my no b.s. answer:
First you should find a "good" patent attorney.  What I think that means is a patent attorney who is honest, experienced, and not interested in making a quick buck from your ignorance of patent law.  Of course, you can patent it yourself, but there is always the danger of getting bogged down in the paper quagmire of the U.S. PTO, and wind up spending alot of money with no results.  If you choose this route, the U.S. PTO website has a pretty good section on how to get a patent, and provides all the necessary forms.
Second, you should get a patentability search done.  How good of a search depends on how much you are willing to spend, but you can do a quick search on your own at the U.S. PTO website.  Your attorney should be able to help you out with the search, but he will charge you, of course.    There are also search firms that do nothing but perform patentability searches for you.
Third, determine if spending the money on drafting an application is worth it.  Most attorneys will charge you between $4,000 to $8,000 depending on the complexity of the invention, plus prosecution fees, which could all add up to over $15,000 by the time you get a patent (if you actually ever do get a patent).  What determines whether it is "worth it" depends on a number of factors, including marketability, of course, the results of the patentability search, etc.  Once again, your patent attorney should help you with this, but definintely do some reasearch on your own.  After all, its your investment.  For example, I would recommend going to tradeshows and seeing what's out there in your field, and see if there really is a need for your idea.
Since you are a Canadian citizen, you can file an international application (called a PCT application) and then seek patent protection in a number of countries.
This is the quick and dirty answer.  Of course, there are many other aspects to consider in seeking a patent.   Good luck.  
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Posts: 2584
Re: how to patent
« Reply #12 on: Jan 13th, 2004, 10:30am »
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Regarding "attorneys insulting each other," my most recent post here was intended as a good natured jab at Mr. Auslander who is normally close to perfect in his spelling and grammar.  No insult was intended.  My other intent was to support Ms. Ballou whom I know through this and other forums as someone who has something of value to contribute.
I suppose a significant difficulty with the original question is that it's far too complex to answer here.  In essence, the question is asking us to briefly summarize everything that's been posted in this forum already.  Most of our web sites, a good many other web sites, the USPTO web site, the Canandian web site identified by Penny, and the FAQ on this site all provide answers to the question.
As for your range of costs, I believe it's too narrow.  My own personal range is $700-$100,000.  Eliminate the outliers and my range is closer to $2,000-20,000.
As for the pre-filing search, it's not best for everybody.  But I suspect it's appropriate for the original poster so I'll leave it at that.
As for the PCT note, the premise " Since you are a Canadian citizen" seems inappropriate in suggesting that the PCT is reserved for Canadian citizens or is otherwise unavailable to US citizens.  Anybody in the world can file in the PCT.
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James D. Ivey
Law Offices of James D. Ivey
Re: how to patent
« Reply #13 on: Jan 13th, 2004, 1:05pm »
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yeah, sure, whatever you say Mr. Ivey, you the boss.
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Penny Ballou
Re: how to patent
« Reply #14 on: Jan 13th, 2004, 1:59pm »
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ORIGINAL Q FROM A CANADIAN INVENTOR: 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  
MS. BALLOU'S REPLY: See s=e_pat  
MR. AUSLANDER RESPONDS TO BALLOU: I frankly resent doctors because they can be so superior with the claim of knowin g mor than you. Well that does not mean that in either case doctor or lawyer that just because you can read the statutes and the case law, that when push comes to shove you can avoid the use of a doctor or lawyer you can trust. You can make a complete fool of your self know and reciting statute and case law. That is why the medicical profession and legal profession have survived even though there will always be abusers.  
======================================================================== ========
*** Dear Mr. Auslander; Sir,  
I am not entirely sure where you are headed with the above response to me. I suspect it is founded on false data therefore flawed. I am not in the habit of providing Statutes or Case Law to newbie inventors. By providing a Canadian primer written at a level a newbie inventor can understand, I fail to find your response has merit.  
With the above in mind, listed below is brief outline of each category under that CIPO link. You'll note in one of the categories a link in how to find Canadian legal counsel.  
1. GETTING STARTED. A guide to patenting (explains Canadian patent procedures at a novice level) : What is a patent; How To Get One; CIPO, Who Are We; Cost; What Does 'protection' mean; What is Marketing and Licensing; How can patent rights be abused; and so forth and so on.  
Technical Know-How (Patent Searching and your R&D Partner)
4. PUBLICATIONS (PCT and foreign filings explained in simple terms).
7. LEGISLATION: Patent Act and Rules and Canadian/International links
All the above categories are very, very basic issues Sir designed to educate newbie Canadian inventors thereby answer the original poster's Q. Nothing in them remotely relates to "reciting statues and case law." Sir, by your failure to review the link it is my contention you arrived at a faulty conclusion.  
On the other hand, I realize your time is limited and you certainly are not in a position to review every link any Tom, Dick, and Harry posts. Consequently, I appreciate your forthrightness and merely seek to set the record straight while reiterating that I am not in the habit of making a fool of myself let alone reciting statutes or case law.
I apologize for offending you and greatly appreciate and indeed admire you for providing this resource which appeals to such a wide audience.  
Penny Ballou  
Member, Licensing Executives Society(  
Founder, Inventors' Society of Southern Nevada (a registered nonprofit).
President, Advisory Board (a registerd non profit).
Registered FDA Agent, medical devices
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