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I have an Invention ... Now What?
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   Start production without a patent
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JSonnabend
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Re: Start production without a patent
« Reply #5 on: Jan 5th, 2005, 9:28am »
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Once you have released the techonology to the public, even if it is contained in a copy protected chip, you're risk of being barred from obtaining patent protection is very high unless you file your application within a year of that initial release to the public.
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SonnabendLaw
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JSonnabend@SonnabendLaw.com
Alex
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Re: Start production without a patent
« Reply #6 on: Jan 5th, 2005, 12:24pm »
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Thanks, Jeff.
 
Sure, I very understand that everything should be done in one year from the public disclosure. The main point is to hold some secrets for a while up to I'll be really need to open it and applying for the patent.
 
My other question, how long does USPTO hold the application before it goes to the public?
 
Thanks,
Alex
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Patent
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Re: Start production without a patent
« Reply #7 on: Jan 5th, 2005, 12:25pm »
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One of the things a good patent attorney/agent would do is to write the claims in the most broadest meaning. If you work with a good patent attorney (assuming you are granted a patent), it should in theory cover more than what you are trying to hide.  It would be written in such broad language that changing a nut or bolt would not prevent someone from infringing the patent.  That can be done only when the claims themselves are pretty narrow to begin with.
 
One draw back of patents is that it is for a defined period of time and hence if you think the technology you developed is such that no one can reverse engineer for next 20 years or so, then there might be some advantage in not disclosing the technology. But, as a scientist myself, with highly competitive world, I would not count that myself.  
 
Another scenario, that it might not be good to patent is that if you have developed a "scientific principle" which is not patentable. Then you would be giving away the principle by filling an application but end up without a patent protection to the "scientific principle".
 
Remember, that this is not a legal advise and only my opinion.
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Alex
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Re: Start production without a patent
« Reply #8 on: Jan 5th, 2005, 2:04pm »
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Thanks, Patent.
 
You are right. I called all these things as the technology because there is not an idea only or some simple mechanism. If take it apart, there are scientific principle (calculus, experiments, theory) which is not patentable, and hardware algorithm (electronic device) which allows to realize this principle in practical way. On the other hand, the device contains secured chip with most of control algorithms, and external circuit accessible for everybody who has the device. Even you have it opened you'll be far from replicating this without understanding the details (theory and controls) because the system is very dynamic.
 
The only my concern is those external electronic algorithm, it is for sure patentable, and can be used even for different purposes. It is what I actually want to patent, but no more, maybe for a while. I don't worry if somebody will use it, I worry if this somebody is going to make a patent to infringe on me.
 
And again, what is my risk if I start the production without a patent, let say for half a year, and then apply for it. Is it possible that somebody can get a patent for device that is not widely advertised, but in public production starting much earlyHuh
 
Thanks,
Alex
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JSonnabend
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Re: Start production without a patent
« Reply #9 on: Jan 6th, 2005, 7:30am »
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Alex, unfortunately Patent is wrong in just about everything he said.  
 
A good patent attorney will draft claims beginning with very broad claims and gradually narrowing to narrower claims.  The reason for this is simple: broad claims stop more potential infringers but are more succeptible to invalidity attacks.  The inverse is true for narrower claims.  
 
As for "holding back" secrets from a patent disclosure, doing so is a recipe for disaster.   The quid-pro-quo for the patent monopoly grant is that the inventor advances the state of the art by fully disclosing his invention.  This principal is codified in section 112 in the enablement and best mode requirements.
 
As for "developing" a "scientific principle", scientific principles are not "developed", they are discovered.  If your invention applies a newly discovered scientific principle to achieve some useful result, then your invention is protectable subject matter.
 
To be blunt, if you're serious about protecting your invention, either through trade secret or patent law, you need to speak with an attorney.  If you've done that already, I'm not sure why your seeking a second opinion (or opinions) here.  One opinion from an attorney you trust is all you need.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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