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I have an Invention ... Now What?
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Ideas, Inventions,Programs no help, no money
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   Author  Topic: Ideas, Inventions,Programs no help, no money  (Read 1323 times)
JimIvey
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  jamesdivey  
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Re: Ideas, Inventions,Programs no help, no money
« Reply #5 on: Jun 4th, 2006, 1:03pm »
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Hmmm...  Let's see.  What was asked?
 
on May 24th, 2006, 1:16pm, Sandra Roberson wrote:
1. Should a furniture type invention be patented?  
2. Would it be safe to make a model, develop a brochure and market it. without a patent?

Is the invention the actual furniture design and/or construction?  Maybe trade secret would be challenging.  Is the invention a method of constructing otherwise conventional furniture so as to dramatically reduce manufacturing costs or to achieve levels of durability and/or stain-resistance in the fabric previously unachievable?  If so, trade secret can be a viable alternative to patent protection and defensive publication may be unwise.  
 
So, I stand with my prior statement -- I will not agree that, even in the furniture industry, defensive publication is always the next best thing to a patent application.
 
Regards.
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James D. Ivey
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RMissimer
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Re: Ideas, Inventions,Programs no help, no money
« Reply #6 on: Jun 4th, 2006, 5:31pm »
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Issues should be this complicated.
 
Can we agree that if this is a design patent for an appearance for furniture and the inventor doesn't want to file (and pay for a patent) that publication is the best solution.
 
I will agree that publishing anything that would be covered by trade secret protection would be a very bad idea.
 
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RS Missimer
Patents Penned, Inc.
PO Box 486
Butler, WI 53007-0486
(262) 565-8200
JimIvey
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  jamesdivey  
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Re: Ideas, Inventions,Programs no help, no money
« Reply #7 on: Jun 4th, 2006, 7:32pm »
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A long time ago, we had a thread about giving simple answers or giving correct answers.  I opted for correct answers.
 
As for design patents, that's a new twist here.  I was assuming the OP meant utility patents.
 
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
RMissimer
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Re: Ideas, Inventions,Programs no help, no money
« Reply #8 on: Jun 4th, 2006, 10:06pm »
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Sorry Jim,  but there are not absolutely correct answers,  otherwise there would be no need for the courts or the number of attorneys out there.
 
Both sides think their right with the limited information they have.  The reason you and I differ on our answers, is because we don't have a complete set of the facts.  Unfortunately, that is what causes legal disputes in the first place.
 
But that is what makes it interesting, and hopefully informative.  Maybe we need to start stating the assumptions before giving our answers.   No harm no fowl.
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RS Missimer
Patents Penned, Inc.
PO Box 486
Butler, WI 53007-0486
(262) 565-8200
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