The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Oct 31st, 2020, 12:11pm

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
I have an Invention ... Now What?
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Can I start now?
« Previous topic | Next topic »
Pages: 1 2 3  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Can I start now?  (Read 2728 times)
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: Can I start now?
« Reply #5 on: Dec 3rd, 2004, 10:34am »
Quote Quote Modify Modify

on Dec 2nd, 2004, 8:44am, Bruce Tackett wrote:
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?

Acceptable in what sense?  Will the patent office accept it as an application entitled to pending status?  Yes.  Will it eventually be acceptable as an issued patent?  Maybe.  Will it result in a patent which is enforceable and generate revenue?  Possibly, but unlikely.
 
Consider that you may eventually be required to substitute line drawings for your photographs.  Photographs can be acceptable for issued patents (i.e., as "formal" drawings), but there are others with more figure drafting experience than I have.  If you have to include line drawings, you may be required to draw all features of the photograph (or hire someone to do it for you).  That can be expensive down the road.
 
Here's what I'd do (without any computer drawing skills).  I'd use tracing paper over the photos to draw the figures by hand in pencil.  Then, make a clean photocopy for filing in the patent office.  It will effectively be a nice "ink" drawing.  
 
on Dec 2nd, 2004, 8:44am, Bruce Tackett wrote:
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?

Short term, it may be cheaper.  Long term, it will likely be more expensive.  It often takes more attorney time to fix a home-grown patent application than to write one entirely.  And, due to acts of publication (uses, disclosures, offers to sell, etc.), many of the defects of a home-grown patent application are simply not fixable.
 
Remember, an ounce of prevention is worth a pound of cure.  That's why patents (application through issuance) typically cost 5 figures and litigation of the same patent typically costs 7 figures.
 
The important thing to consider is exactly how crucial is a patent to your business model.  If your business goes nowhere without the patent, it's worthwhile making sure it's done right.  It's also worthwhile doing a search (which you appear to have done).  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.  
 
Now, you probably have the same problem every new inventor has: great idea, no patent, no money.  The solution is convincing an investor that your idea is worthwhile and a good investment.  Be careful what you tell the investor without an NDA (non-disclosure agreement); it could affect your patent rights.
 
Sooner or later, you're going to have to convince someone else to believe in your idea -- an investor, a licensee, and eventually the marketplace.
 
Good luck.
IP Logged

--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Bruce Tackett
Guest
Re: Can I start now?
« Reply #6 on: Dec 3rd, 2004, 12:53pm »
Quote Quote Modify Modify Remove Remove

Wow, Jim! You are a wealth of information! I certainly do appreciate your help.
 
Now I'm a little confused, here...........
 
"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?
IP Logged
Ladislao_Warcok
Newbie
*




   
WWW

Posts: 6
Re: Can I start now?
« Reply #7 on: Dec 3rd, 2004, 2:37pm »
Quote Quote Modify Modify

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."

 
There is no such thing as a mid term patent, either your patent protects your invention or it does not.  I believe what  Mr. Ivey tried to explain to you is that 99% of patent appliactions drafted by their own inventors are useless in a case of infringement, and thats where you need a good patent. Besides if you happen to bump into some big corporation which is interested in your invention and maybe licensing your patent, they will have their own patent experts to analyze it and they will tell the big corporation that such patent is useless. So think abou it.
IP Logged
Bruce Tackett
Guest
Re: Can I start now?
« Reply #8 on: Dec 3rd, 2004, 7:44pm »
Quote Quote Modify Modify Remove Remove

oh.
IP Logged
JSonnabend
Moderator
Senior Member
*****




   
Email

Posts: 2251
Re: Can I start now?
« Reply #9 on: Dec 6th, 2004, 7:24am »
Quote Quote Modify Modify

on Dec 3rd, 2004, 10:34am, JimIvey wrote:
The important thing to consider is exactly how crucial is a patent to your business model.

I just wanted to echo this point.  This is some of the most important advice a patent attorney can give a client.  Stated differently, one shouldn't believe that getting a patent is some sort of holy grail, or that once one receives a patent, everything else takes care of itself somehow.  Instead, a patent is merely another business tool at one's disposal, and product commercialization still needs to be seriously addressed.
 
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
IP Logged

SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
Pages: 1 2 3  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board