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I have an Invention ... Now What?
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   Can I start now?
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JimIvey
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Re: Can I start now?
« Reply #10 on: Dec 6th, 2004, 5:43pm »
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on Dec 3rd, 2004, 12:53pm, Bruce Tackett wrote:
"If your business will be helped a little with a patent but will do fine without it, it may be fine to write it yourself."
 
Helped a little bit by a patent? Isn't the idea of having a patent so that someone else can't start producing the same item?  And I'm not sure what you mean by, it would be fine to write a patent myself if my business would do fine without a patent. Why would I write a patent if I intend not to get a patent?

 
Thanks, Jeff, for helping clarify this point.  There are many approaches to using patents to help a business.  They range from just getting a patent and hoping someone infringes some day to simply trying to protect an idea you're going to make & sell yourself anyway in your own business.  And, there are many variations in between.
 
The way I tend to say it is that patents are most often essential but almost never sufficient.  Stated another way, patents are just one piece of the puzzle in the effort to profit from a clever idea.
 
So, what you have to ask yourself is, just how important is the patent to you in your particular plan to profit from your clever idea?  
 
For some people, they won't even try to commercialize the idea without a patent.  In that case, don't even attempt to protect it yourself without some professional help.  The help can range from just the essentials to doing everything for you.  Or, if you do write it yourself, take as much care in doing so as that guy that gave himself a root-canal using a power drill, a mirror and some epoxy.  Be very very careful.
 
For other people, they say they'll bring their idea to market no matter what it takes -- patent or no patent.  For what it's worth, those people seem to perservere and generally "make it" one way or another -- if not this idea, then the next one.  If you're one of those, then it's less crucial that this particular patent is done right and actually results in enforceable rights.  Then, you might try writing it yourself.  However, most people of this type really appreciate the value added in having professional help.
 
I hope that clarifies.
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James D. Ivey
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Ladislao_Warcok
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Re: Can I start now?
« Reply #11 on: Dec 7th, 2004, 7:04am »
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on Dec 6th, 2004, 7:24am, JSonnabend wrote:
Regarding the "mid term patent" issue, I'm not sure where that arose, but Ladislao_Warcok's post is completely off base as I understand it.  A patent may protect aspects of your product without covering the product as a whole.  Indeed, most commercial patents, I believe, do just that.  Thus, depending on what aspects of your product the patent covers, it may be of great commercial value, no commercial value, or anything inbetween.- Jeff

Maybe the expression "mid term patent" was not very well applied. But my point of view is that from experience every time an inventor tries to start a case of infringement, once we get to the patent drafted by him, we see that his invention and what really is protected in his patent have little in common. Therefore there is nothing or lil that can be done but to let the infringer get away with that. I've seen it happen not only with self inventors but also with small entities.
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Re: Can I start now?
« Reply #12 on: Dec 12th, 2004, 8:39pm »
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I believe you can use the phrase "Patent Pending" after filing a provisional, too.  Please correct me if this is wrong.  
  www.patentsavers.com
« Last Edit: Dec 12th, 2004, 8:40pm by Patent_Writer » IP Logged
Rafe
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Re: Can I start now?
« Reply #13 on: Aug 16th, 2005, 10:58am »
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Are you Bruce Tackett formerly of San Francisco?
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gregm170
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Re: Can I start now?
« Reply #14 on: Sep 18th, 2005, 2:56am »
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I believe you can use the phrase "Patent Pending" after filing a provisional, too.  Please correct me if this is wrong.    
 
Greg L. Martinez
solidstateip www.solidstateip.com
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Greg L. Martinez
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