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I have an Invention ... Now What?
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   Should I get a patent?
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   Author  Topic: Should I get a patent?  (Read 756 times)
Should I get a patent?
« on: Nov 9th, 2004, 3:57pm »
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I have an invention that entails me sewing it, but I don't know how to sew.  I have sketches of it, and I want to take it to a seamstress or Pattern design/prototype company for them to make the physical item.
Do I need to pursue a patent at this stage or is having them sign a confidentiality agreement enough?
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Re: Should I get a patent?
« Reply #1 on: Nov 10th, 2004, 11:06am »
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An NDA would be good, but not strictly necessary.  Once you have disclosed the idea to the seamstress, it would be advisable to get to the PTO at your earliest convenience, preferably within a year of the disclosure.
- Jeff
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Intellectual Property and Technology Law
Brooklyn, USA

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Re: Should I get a patent?
« Reply #2 on: Dec 12th, 2004, 8:56pm »
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Why not just file the patent before having it made?  That way you have a constructive reduction to practice.  A provisional is an option, too, but file the full patent if you can.  
By disclosing the idea to someone (even under an NDA), you risk having them improve upon it.  Your NDA will presumably cover the idea and not necessarily the improvements.  File a patent which claims the invention as broadly as possible so it will be more difficult to improve upon.
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