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I have an Invention ... Now What?
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   Can I start now?
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   Author  Topic: Can I start now?  (Read 2724 times)
Bruce Tackett
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Can I start now?
« on: Dec 1st, 2004, 8:25pm »
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I have a document with pictures and descriptions of my invention signed by two witnesses and notarized. I have a working prototype of my invention. I have the results of a search conducted by a Patent Searcher, and my invention is unique.
 
Can I now begin marketing it? Can I say that it is patent pending while I go through the next step in obtaining a patent? While I begin the process of applying for a patent, am I still protected?
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JimIvey
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  jamesdivey  
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Re: Can I start now?
« Reply #1 on: Dec 1st, 2004, 9:04pm »
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You can't say "patent pending" until you've actually filed an application for a patent.
 
Whether filing the application "protects" you depends on what you mean by "protect".  
 
Does filing an application give you rights that you can enforce against others?  No.
 
Can you market, display, sell, and show off your invention without jeopardizing your pending patent application?  Yes.
 
Can you market, display, sell, and show off your invention without a pending application and still avoid jeopardizing your rights to patents later?  No.
 
So, having a patent application on file gives you some protection, but not as much as many people think.
 
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Bruce Tackett
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Re: Can I start now?
« Reply #2 on: Dec 1st, 2004, 9:24pm »
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Thank you, James.
 
Are you a patent attorney?
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JimIvey
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  jamesdivey  
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Re: Can I start now?
« Reply #3 on: Dec 2nd, 2004, 12:09am »
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You're welcome.  Yes.  You can read about what I do at the link in my signature below.
 
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Bruce Tackett
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Re: Can I start now?
« Reply #4 on: Dec 2nd, 2004, 8:44am »
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ok. Thanks again. I sort of realized that my being legally protected at this point was wishful.
 
So, I now have two questions....................
 
1. At this point I now have a working model and the results of a search. It would seem to me that the next step would be to write a patent. I believe I can write a patent myself using the written patents I recieved from the search as a guide. I envision scanning photographs of my invention into a word document, pointing to each component of my invention, and assigning a number to each of those components to be used in a list of materials. Am I right in assuming this to be my next step and will writing the patent as I have described be acceptable?
 
2. I suspect that at some point I will have to hire a patent attorney. Would I be correct in assuming that the more I do myself, such as having a search conducted and writing my own patent, the less an attorney's fee would be for such work that would remain for him to do?
 
I would greatly appreciate any input here.
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