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I have an Invention ... Now What?
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   Technology that is beyond me
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   Author  Topic: Technology that is beyond me  (Read 1691 times)
Eve Delahooke
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Technology that is beyond me
« on: Feb 12th, 2007, 10:25am »
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I have had an idea and to the best of my knowledge and research there is nothing like it currently on the market.  
The trouble is that creating a prototype or even thinking about how it might actually work is beyond me because I have no knowledge of the technology needed to invent it.
Does anyone have any suggestions?  To keep you on the right track we are thinking along the sames lines at Sat Navigation and radar sensor/detectors.
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Bill Richards
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Re: Technology that is beyond me
« Reply #1 on: Feb 14th, 2007, 9:25am »
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As one who has been involved in, and studied, inventorship issues over the years, I can tell you that you have described a very tricky situation.  Unfortunately, you should not disclose on this Forum the details necessary to receive the proper advice.  Inventorship is a very fact-intensive issue and not one that can be addressed in the abstract.  Your best bet would be to contact an attorney (there are several on this Forum, including myself, who could help) who can help you understand the issues.  At the very least, you will probably need a Non-Disclosure Agreement (NDA) which includes IP rights clauses to protect yourself.
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William B. Richards, P.E.
The Richards Law Firm
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mypatentcounsel
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Re: Technology that is beyond me
« Reply #2 on: Feb 14th, 2007, 2:40pm »
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As a patent attorney I can tell you that you do not need to have a prototype in order to file for a patent. I would advise you to do a search to find out if some one made your invention before you spend any more money. Based on the result of your search, you can file a patent application.  
 
Regards,
 
Martin Jerisat
 
mjerisat@tmlawusa.com
  www.mypatentcounsel.com or www.tmlawusa.com
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Bill Richards
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Re: Technology that is beyond me
« Reply #3 on: Feb 16th, 2007, 6:11am »
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on Feb 14th, 2007, 2:40pm, mypatentcounsel wrote:
[Y]ou do not need to have a prototype in order to file for a patent.

Martin is quite correct that one does not need a prototype to file for a patent.  However, I believe the keys to Eve's post are (1) "I have an idea", (2) "[H]ow it might actually work is beyond me", and (3) "I have no knowledge of the technology needed to invent it".  What this means to me is that she has not completed her invention.  In inventorship parlance, conception, "the complete performance of the mental part of the inventive act" and "the formation in the mind of the inventor of a definite and permanent idea of the complete and operative invention as it is thereafter to be applied in practice" has not happened.  (Townsend v. Smith)
Based upon what she wrote, if she were to proceed and file a patent application she may well receive a 112 rejection and be dead in the water.  The problem I addressed, and I think it's the elephant in the living room, is that if she has not completed conception of her invention and goes to others who do complete it (take the idea and figure out how to make it work) without a firm NDA and IP rights agreement, she could be left out in the cold.
As I said before, this is a very fact-intensive situation and cannot be adequately addressed in a public forum.
« Last Edit: Feb 16th, 2007, 6:15am by Bill Richards » IP Logged

William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
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franlorin
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Re: Technology that is beyond me
« Reply #4 on: Mar 5th, 2007, 8:17am »
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on Feb 12th, 2007, 10:25am, Eve Delahooke wrote:
I have had an idea and to the best of my knowledge and research there is nothing like it currently on the market.  
The trouble is that creating a prototype or even thinking about how it might actually work is beyond me because I have no knowledge of the technology needed to invent it.
Does anyone have any suggestions?  To keep you on the right track we are thinking along the sames lines at Sat Navigation and radar sensor/detectors.

 
Eve, if you want to "learn" the technology, simply perform a PATENT SEARCH for your concept, concentrating on classifications, e.g., US Classification System
 
then read over the "state-of-the-art" disclosures in the documents you uncover, and, thereby,"learn" the technology - this is an excellent starting point for any inventor who is "new" to any technological field
 
Fran Lorin
siberkhem.com
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Fran Lorin
www.siberkhem.com
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