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   lawyer vs. govt. in patents
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   Author  Topic: lawyer vs. govt. in patents  (Read 1732 times)
S
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lawyer vs. govt. in patents
« on: Jul 22nd, 2006, 3:09pm »
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if a patent lawyer does your patent search and finds it OK to continue with the patent process but then the govt. finds an error and claims that the patent violates an existing patent and is therefore no good, can you maybe ask for some of the search fees back since the lawyer was wrong? you pay him/her to search for a patent but the govt. finds one that violates it, isnt that incompetency on the lawyer's part? if the laywer doesnt think the idea violates an existing patent, and the govt. does, then this is where the lawer has to argue and claim that it is different right?  
 
but wouldnt all lawyers basically say its OK to continue with the process after the search because that way the lawyer can collect the fees of filling out the patent application (which is thouands of dollars for most)? if they said "no, its not OK since your idea violates an existing patent," then they wouldnt be able to collect the thousands in fees they charge of filling out the application.  
 
thanks.
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wallflower
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Re: lawyer vs. govt. in patents
« Reply #1 on: Jul 22nd, 2006, 4:08pm »
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Patent attorneys perform searches regularly for a variety of purposes.  I'm not aware of any attorney that guarantees his searches as the end-all-be-all.  Many attorneys include disclaimers stating such.  What you paid for was likely for the service of the search, and not for any guarantee.
 
Also, what do you mean that the government has found "an error and claims that the patent violates an existing patent and is therefore no good"?  If you are referring to a rejection in an office action, typically that is not an indication that your patent application cannot be allowed.
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Bill Richards
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Re: lawyer vs. govt. in patents
« Reply #2 on: Jul 22nd, 2006, 4:43pm »
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I'm sorry, I'm not going to let this go!
sdahd83 said:  "but wouldnt all lawyers basically say its OK to continue with the process after the search because that way the lawyer can collect the fees of filling out the patent application (which is thouands of dollars for most)? if they said "no, its not OK since your idea violates an existing patent," then they wouldnt be able to collect the thousands in fees they charge of filling out the application."
This has got to be one of the most offensive posts I've seen on this Forum.  OK, sdahd83, so you're disappointed things didn't work out as expected.  It's your expectations that are the problem.  Nothing is ever certain!  But to accuse your patent attorney of such conduct as knowingly preparing a false search report to garner extra fees goes beyond the bounds of decency.  If you have any proof, let's see it.  Otherwise, stop the potentially libelous comments.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
Isaac
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Re: lawyer vs. govt. in patents
« Reply #3 on: Jul 22nd, 2006, 5:21pm »
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on Jul 22nd, 2006, 4:43pm, Bill Richards wrote:
I'm sorry, I'm not going to let this go!
sdahd83 said: "but wouldnt all lawyers basically say its OK to continue with the process after the search because that way the lawyer can collect the fees of filling out the patent application (which is thouands of dollars for most)? if they said "no, its not OK since your idea violates an existing patent," then they wouldnt be able to collect the thousands in fees they charge of filling out the application."

 
I don't have a problem with people asking questions about the practitioner ethics.  IMO sdahd83 posts falls into the asking rather than the accusing category.
 
It would of course be unethical to indicate that an invention had a high likelihood of being meaningfully patented when the opposite was true.    Unethical practitioners are at risk of losing their registration/license to practice and that is worth more than any single fee they can receive from a client.   I've never had any inclination to deceive a client, and I have on any number of occasions told clients and prospective clients that their money might be better spent on their next invention/idea.
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Isaac
Bill Richards
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Re: lawyer vs. govt. in patents
« Reply #4 on: Jul 22nd, 2006, 6:11pm »
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I don't see it as Isaac does, but I have enough respect for him I can agree to disagree.   Smiley
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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