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I have an Invention ... Now What?
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Bill Richards
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Re: patent lawyer search
« Reply #15 on: Jul 9th, 2006, 8:40am »
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First, I don't think an $80 initial consultation fee is so bad.  As Abraham Lincoln said, a lawyer's time is his stock in trade.  But, if you're uneasy with this attorney's demeanor and professionalism, why use him at all?  You're going to be uncertain throughout the process and, in the end, not trust him.
Next, I think you're expectation is you'll get a "quick-and-dirty" freedom-to-operate " opinion for $80!  I don't care that it's only one patent, I think to spend that small amount of time and give an FTO opinion is an invitation to malpractice.
Finally, if $80 is a problem, what are the $000s for prep/pros and maintenance fees going to look like?
« Last Edit: Jul 9th, 2006, 8:42am by Bill Richards » IP Logged

William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
wallflower
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Re: patent lawyer search
« Reply #16 on: Jul 9th, 2006, 2:35pm »
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Quote:
i just want to ask a lawyer whether or not if my idea violates/infringes on a current patent.  i have the patent number as well.  so that way i know whether or not to go further into the process.  and i dont think it should 80 bucks to do that.  but i have no choice.

It seems like you're looking for a noninfringement opinion over the patent you mention. Depending on your situtation, I might also suggest a freedom to operate opinion.  Both can easily reach the thousands of dollars depending on the number of patents and the number of claims to be analyzed.  I'd be very surprised if the lawyer could give you an opinion of noninfringement based only on a short consultation.
« Last Edit: Jul 9th, 2006, 2:38pm by wallflower » IP Logged
Bill Richards
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Re: patent lawyer search
« Reply #17 on: Jul 9th, 2006, 7:35pm »
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What's the distinction between an FTO and non-infringement opinion??
« Last Edit: Jul 9th, 2006, 7:35pm by Bill Richards » IP Logged

William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
Isaac
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Re: patent lawyer search
« Reply #18 on: Jul 9th, 2006, 8:05pm »
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The primary difference is that a non infringement opinion is directed to particular identified patent or patents.   For an FTO part of the process is to identify problem patents.
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Isaac
Bill Richards
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Re: patent lawyer search
« Reply #19 on: Jul 10th, 2006, 4:30am »
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Interesting.  The law firm I used to practice with and the organization I was with until recently as in-house counsel never made such a distinction.  I guess it makes sense, though; thanks.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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