The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Oct 27th, 2020, 2:45pm

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)
   Patent IDEA
« Previous topic | Next topic »
Pages: 1 2 3  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Patent IDEA  (Read 2665 times)
Joseph
Guest
Patent IDEA
« on: Oct 21st, 2006, 9:09am »
Quote Quote Modify Modify Remove Remove

I am a father of 4 and child-support is kicking my butt.  They can take everything, but they can't take my IDEAs.  I have come across a GREAT one that I need to patent.  I have no money, but I do have a proto-type.  This is something that EVERY business person will easily adopt.  I am going to WAL-Mart if I don't get a response from anyone.  I will either sell the idea for a lump sum up front with a fair royality or work out some other arrangement.  Sign a NDA and Non-compete and we can talk.
IP Logged
Sudhir Aswal
Newbie
*




  sudhiraswal  
WWW Email

Posts: 38
Re: Patent IDEA
« Reply #1 on: Oct 27th, 2006, 3:56am »
Quote Quote Modify Modify

Yes in your situtation assigning (full/part) rights of the patent will be advisable. To get better monetary benefits you must file the patent in your home country on your own and then assign or license it to someone.
IP Logged

Sudhir Kumar Aswal
Patent Attorney, India
Aswal Associates
www.aswalassociates.com
JSonnabend
Moderator
Senior Member
*****




   
Email

Posts: 2251
Re: Patent IDEA
« Reply #2 on: Oct 27th, 2006, 7:39am »
Quote Quote Modify Modify

on Oct 27th, 2006, 3:56am, Sudhir Kumar Aswal wrote:
Yes in your situtation assigning (full/part) rights of the patent will be advisable. To get better monetary benefits you must file the patent in your home country on your own and then assign or license it to someone.

 
That might be good advice, Sudhir, but the OP didn't say anything about having a patent, only an "idea".  
 
While pitching unpatented "ideas" can be beneficial, doing so is dangerous.  NDA's can help, to the extent that you can convince an entity like WalMart to sign one, but they're far from bullet-proof.
 
If your idea is as good as you believe, you may want to explore obtaining patent protection, or at least filing a well drafted provisional.
 
- Jeff
IP Logged

SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
Hear hear
Guest
Re: Patent IDEA
« Reply #3 on: Nov 7th, 2006, 7:52pm »
Quote Quote Modify Modify Remove Remove

from what I under stand a provisional patent is merely a pirioty date. It has no legal implications what-so-ever. Even a blank piece of paper has more value than a provisional patent.
 
I guess unless you signed a NDA you might run into some legal repercussions.
 
But other than that is nothing. And I don't think you can take nothing from someone.. Smiley
 
And also an idea of the mind is yours unless your a employee then it belongs to the company.
IP Logged
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: Patent IDEA
« Reply #4 on: Nov 7th, 2006, 8:20pm »
Quote Quote Modify Modify

on Nov 7th, 2006, 7:52pm, Hear hear wrote:
from what I under stand a provisional patent is merely a pirioty date.

And, it's not even that if it's not written as well as a real application.
 
Regards.
IP Logged

--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Pages: 1 2 3  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