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I have an Invention ... Now What?
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   PatentPro Plus
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   Author  Topic: PatentPro Plus  (Read 1890 times)
Jay
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PatentPro Plus
« on: Nov 22nd, 2003, 7:53am »
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If anyone is interested, I'm selling on eBay my copy of the latest version of PatentPro Plus software.  This is software that steps you through the preparation and filing of a patent application. It also includes the latest edition of the book "Patent It Yourself" by David Pressman (in PDF format).
 
Here is the link to the auction:
 
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=3639951186&ss PageName=ADME:B:LC:US:1
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M. Arthur Auslander
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Re: PatentPro Plus
« Reply #1 on: Nov 23rd, 2003, 10:35am »
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Next to the scam operators, doing it yourself, is probablly almost as ineffective, only much less expensive.
 
JUST GETTING A PATENT can not only be a A BIG WASTE, it may also give away good invention improperly claimed.
 
The important thing is to know what you have and IF anyting can be done with it. What is more even GOOD patents may not may not see the commercial light of day.
 
My woe is the patent I got for a friend that not taken by the company that won a $50,000,000 prize, for turning out something not as good without 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®  
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Jay
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Re: PatentPro Plus
« Reply #2 on: Nov 23rd, 2003, 2:29pm »
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It's quite true that, if you don't know what you're doing, you can obtain a patent that is so flawed as to be worthless.  However, though learning patent law is not easy, it's also not rocket science.  If you do your homework, I believe you can produce your own high-quality patents.  In fact, I believe there is no one better suited to write a patent that an inventor who is knowledgeable with respect to patent law, as nobody knows the technology and the invention as well as the inventor.
Plus, there's so much pleasure in saving yourself so many thousands of dollars that would otherwise subsidize the mahogany furniture and expensive downtown office of an attorney.  No offense to attorneys, but there's no reason that producing a 25-page document should cost upwards of $10,000.
 
on Nov 23rd, 2003, 10:35am, M. Arthur Auslander wrote:
Next to the scam operators, doing it yourself, is probablly almost as ineffective, only much less expensive.
 
JUST GETTING A PATENT can not only be a A BIG WASTE, it may also give away good invention improperly claimed.
 
The important thing is to know what you have and IF anyting can be done with it. What is more even GOOD patents may not may not see the commercial light of day.
 
My woe is the patent I got for a friend that not taken by the company that won a $50,000,000 prize, for turning out something not as good without 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®  

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Z
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Posts: 2
Re: PatentPro Plus
« Reply #3 on: Nov 23rd, 2003, 11:08pm »
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Just a word of logic here to any potential inventors out there who are contemplating writing their own patent. Why risk it? A patent attorney brings more to the table than simply drafting a document. Some say that a patent is the most compex legal document out there, and as such it requires more than just writing skills, knowing the invention, and some knowledge of patent law. A patent attorney brings at least two invaluable things to the table that most inventors lack - experience in dealing with the patent office to get claims allowed over prior art rejections and litigation awareness (i.e. writing patents with an eye to how patent case law may affect the patent and patentee's rights). So at the very least, please consider what you may save in $$ now versus what you may be giving up later.
 
There are also patent attoneys out there that do know the technology as well as or better than the inventors. For instance, the firm I'm with and I'm sure many others do many patents from the same companies, and in doing so know those fields very very well.
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JimIvey
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  jamesdivey  
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Re: PatentPro Plus and self-help
« Reply #4 on: Nov 24th, 2003, 12:27pm »
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First, a note about PatentPro Plus.  I surfed the web briefly to see if it's the same one I'm mildly familiar with.  I can't tell, but I think it is.  I heard an interview with the author of this (or a similar) program.  From what I can tell, the people who wrote it are from a fairly respectable firm and know what they're doing.  However, I still have my doubts given the complexity of writing a patent application.
 
Second, a note about self help (DIY patent application drafting).  Sure, it's not rocket science (although rocket science itself isn't quite as incomprehensible as many think).  However, I've been writing patent applications and papers to file in association with patent applications for 12 years full time.  I worked for two years before I was allowed to sign my own papers.  I worked for another year before the partners stopped reviewing my work.  That's 3 years full time before being considered competent.  I've had associates work under my supervision and I see why it takes so long.  Mistakes made by people who haven't "been around the block" are quite embarrassing to people who know better.  
 
I'm not saying attorneys are better than regular folk.  I'm just saying this is a skill that takes time to develop.  It takes years of experience, study, and learning to get it right.  And, if you think you can pick up the skill in a long weekend, go for it.  But I have to warn you, it's one thing to write a patent application.  It's another thing entirely to write a patent application that has a good chance of issuing as a patent.  It's still another thing to write a patent application that is likely to issue as a patent that will cover a useful range of feasible workarounds.  And, it's still another thing entirely to write a patent application that has a good chance of issuing as a patent which covers a useful range of feasible workarounds and is likely to withstand challenges in court.
 
Having said that, if you still want to avoid attorneys as if they have a plague, use patent agents.  And, you can write your own application to save money, but I still strongly recommend that you have someone who knows what they're doing look at it before you file it.
 
It may not be rocket science, but it was easier to learn how to fly an airplane than it was to learn to write a good patent application.
 
One last note about Mr. A's frequently expressed opinion on the matter.  I didn't quite get the gist of his woe; however, Mr. A has on ocassion challenged me to identify specific patents, specific clients, and amounts of money made from the patents.  I won't do that because confidentiality laws won't allow me to.  However, I'll go ahead and state that one client sold its patent portfolio (that I built) for $7million.  The vast majority of my clients had revenues much greater than their costs in obtaining patents.  Perhaps the main difference is that most of my clients (corporations or individuals) were obtaining patents as part of a bigger business they were developing.  The portfolios I've built have helped attract funding, attract mergers and/or acquisitions as exit strategies, have been enforced successfully again competitors, etc.  In short, they bring real, quantifiable value.  However, if you're sitting at home hoping to collect royalty checks for your patent and not really developing the product/service yourself, you're fighting an uphill battle and could probably use a reality check of some sort.  Of course, it's not impossible to generate income having only a patent and no business built around it.  In fact, I have one client who's been quite successful doing exactly that.  But he works hard at it.
 
I realize this is quite long and touches on quite a few topics.  Each of these could easily be its own thread.  However, I hope my comments were helpful or at least interesting to some.
 
Regards.
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James D. Ivey
Law Offices of James D. Ivey
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