The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Oct 27th, 2020, 11:29pm

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)
   Do IP Attorneys/Agents make good Inventors?
« Previous topic | Next topic »
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Do IP Attorneys/Agents make good Inventors?  (Read 1333 times)
Tommy
Guest
Do IP Attorneys/Agents make good Inventors?
« on: Sep 16th, 2005, 2:58pm »
Quote Quote Modify Modify Remove Remove

When looking at prior art all day, do patent attorneys/agents come up with their own patentable ideas.  The fact that the idea came from prior art does not make it automatically obvious.  I was just curious what people though, since I still readily believe that I am going to invent something great and blow this popsicle stand!
 
It is a true question though.
IP Logged
Isaac
Senior Member
****




   


Posts: 3472
Re: Do IP Attorneys/Agents make good Inventors?
« Reply #1 on: Sep 16th, 2005, 4:40pm »
Quote Quote Modify Modify

Is a good inventor someone who comes up with something new, or someone who comes up with something new, and worthwhile to himself or others.
 
I would tend to think the latter is a better criteria to judge by.  I don't see why patent practioners looking at the prior art would be particularly good at the latter.
IP Logged

Isaac
Greg L. Martinez
Guest
Re: Do IP Attorneys/Agents make good Inventors?
« Reply #2 on: Sep 17th, 2005, 2:39am »
Quote Quote Modify Modify Remove Remove

My experience is that patent writers come up with their own ideas because they are trained to ask "what if I do this" or "what if I change that".  Often, they will see something that is overlooked by others.  I know this for a fact because I almost always ask these questions of my clients and get the feeling that they don't know.  I ask because I try to protect my client from someone else coming up with an easy design around.  
 
If I was going to file my own patent, it would be in an area that is totally different from any of my clients so there are no conflicts.  Sometimes I feel like looking up an issued patent and seeing if I can improve on it.  The answer is often yes, but its probably not worth the filing fee.  
 
Greg L. Martinez
SolidStateIP  
 
IP Logged
Wiscagent
Full Member
***




   


Posts: 843
Re: Do IP Attorneys/Agents make good Inventors?
« Reply #3 on: Sep 18th, 2005, 5:48am »
Quote Quote Modify Modify

    “When looking at prior art all day, do patent attorneys/
     agents come up with their own patentable ideas?”
 
Yes, some patent practitioners come up with their own patentable inventions; and practitioners represent some fraction of inventors.  Probably the more interesting question is – “Does being a patent practitioner enhance a person’s likelihood to be an inventor.”
 
I’ll guess that no more than about ¼ of patent attorneys and patent agents have spent a significant time (more than a couple of years) as scientists or engineers in an industrial setting.  Your question would really just apply to that sub-set of patent practitioners.  To answer your question you’d need to compare rates of invention for individuals before v. after registering as a patent practitioner.  
 
Based on a sample size of one – me – the answer is no.  Before becoming a patent agent I regularly would read patents, journal articles, attend meetings, dissect competitive products and generally do my best to be familiar with the state of the art in a narrow technology.  Since becoming a patent agent I spend more time reading patents, but I have less in-depth familiarity with the latest developments in any particular niche.  My production of (internal corporate) invention disclosures has decreased since spending less time in the lab.
 
Also for many practioners, Mr. Marinez's concerns about conflict of interest would apply, reducing the number of patent applications.  But for most in-house attorneys and agents the conflict of interest concern is not a factor - the assignee is the corporation.  
 
 
Richard Tanzer
IP Logged

Richard Tanzer
Patent Agent
errantinventor
Newbie
*


patent pending...

   


Posts: 22
Re: Do IP Attorneys/Agents make good Inventors?
« Reply #4 on: Dec 7th, 2005, 4:45pm »
Quote Quote Modify Modify

personally, i don't think that patent attorneys/agents are any better at inventing that anyone else.  the ones that do invent are probably better at defining and protecting their invention.  also, because they are used to thinking about design arounds (as somone previously mentioned) they would probably claim a greater breadth than they initially might have planned, while at the same time realizing that too much breadth can be a liability during prosecution.
 
personally, i am aware of only one attorney who is also an active inventor.
IP Logged

If ya read it on a forum, it must be true.
Pages: 1 2  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