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I have an Invention ... Now What?
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   what is the cheapest avenue for a patent?
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   Author  Topic: what is the cheapest avenue for a patent?  (Read 12634 times)
kellie
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Re: what is the cheapest avenue for a patent?
« Reply #20 on: Aug 29th, 2007, 4:12pm »
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Of course you people are going to tell inventors to pay you alot of money. You are the patent agents and attorneys wanting the $5000 up front and recieve the 10% of all royalties for the length of the licenseing agreement. If it wasn't for inventors you people would not have a job.  I did get a provisional patent and I am now in the process of obtaining a licensing agreement, and guess what!? I did it on my own. You can disagree with me all you want, but don't mislead anyone on what they can do when the information is out there for them.
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pele1212
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Re: what is the cheapest avenue for a patent?
« Reply #21 on: Aug 29th, 2007, 7:34pm »
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"You can disagree with me all you want, but don't mislead anyone on what they can do when the information is out there for them."
 
You are LICENSING a PROVISIONAL PATENT?  Please explain.
 
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TataBoxInhibitor
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Re: what is the cheapest avenue for a patent?
« Reply #22 on: Aug 29th, 2007, 7:41pm »
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This thread is an interesting read.  
 
Kellie, I think that is fantastic that you are negotiating a licensing agreement by yourself.  I also think that is amazing that you received a "provisional patent."  I am not sure what that is, but that sounds great.  I thought there were just provisional, non-provisional applications, and granted patents.  How did you get the company to negotiate based on the "provisional patent?"
 
Can I ask what resources you used to learn about drafting patent applications and licensing?  Practitioners spend years trying to figure this stuff out, learning from those with more experience and reading case law, and you did it by yourself, probably in record time too.  
 
 
Regards,
 
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JimIvey
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Re: what is the cheapest avenue for a patent?
« Reply #23 on: Aug 29th, 2007, 10:11pm »
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on Aug 29th, 2007, 4:12pm, kellie wrote:
I did get a provisional patent and I am now in the process of obtaining a licensing agreement, and guess what!? I did it on my own.

Sorry, can't leave this one alone.  You have a provisional patent.  Your patent is something (enforceable?) provided ... what?  What's the provision that you must satisfy before your "patent" can loose that pesky qualifier, "provisional"?
 
Oh, I think I see.  You've filed something (perhaps a napkin or a photocopy of a napkin and a USPTO PDF form with various boxes checked and a check for $100).  You have a receipt that proves you filed it.
 
You've also asked someone for money.
 
And you did that all by yourself.  
 
Well, I guess that's all there is.  Congrats!  Except, what happens if your "licensee" decides to use your idea and not pay you?  Now what?  I will post a picture of myself naked (that's right, the full Monte!) in these forums if you can find one single registered practitioner, patent examiner, IP litigator, IP professor, or judicial clerk to state unequivocally and in writing that a provisional patent application without more gives you the power to stop anyone from using your idea under US patent law.
 
Frankly, I don't give a rat's ... ummm.... posterior portions if anyone decides to do their own patent work instead of hiring me or one of my colleagues.  But I will not lie and say it's easy and anyone can do it properly.  It's just not.
 
This topic always reminds me of the guy that did his own root canal with a hand drill, a mirror, and epoxy.  I really wish I could find a link to the news story about that.  Yes, you can do it on your own -- and Kellie hasn't yet despite her proclamation to the contrary.  Whether you ought to do it on your own is a different question entirely.
 
Regards.
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James D. Ivey
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Whoa Kellie!
« Reply #24 on: Aug 30th, 2007, 8:11am »
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Hi Kellie,
 
I and perhaps others can understand your skepticism over typical fees for hiring a patent agent or attorney. The patent world is tough to embrace for an independent inventor. Most of my clients (I work for a big firm) are medium to large companies. $5000, whether up front or later paid, is not a lot of money to a large company. It takes money to make money.
 
Have you discussed your situation with a patent attorney? You may could get a free initial session with a local patent attorney. When I worked for a small firm, we gave an initial session, which lasted for an hour to 90 minutes, for free. We weren't trying to trick anybody. After the first session, we and the potential clients would be better informed as to whether a good match was found. Some firms actually turn clients away for various reasons. I assure you, most patent attorneys and agents don't want to mislead you. But of course, they want to make as much money as they reasonably can ... don't we all?
 
Here's why I'm posting:
Your statement about a provisional patent sounds strange to patent attorneys and agents. There actually is no such thing as a provisional patent in the U.S., if we stick strictly to legal terms and their meanings. So, no one here understands what you've said. You may could get a free initial session with a local patent attorney. At least check it out. If you do, they hopefully will make clear how they will charge you for more time. If you don't like what they have to say ... just walk away. If you're actually in the process of negotiating a licensing agreement ... you probably should talk to an attorney, a patent agent (like myself) can generally only help you get a patent. Licensing agreements are more in the realm of attorney work than patent agent work. Some firms have both patent attorneys and patent agents.
 
In any event, there is no such thing as a provisional patent in the U.S. (if we're using terms in their strictly legally accepted way). You might be about to give away your invention to a company ... for free. What if you're negotiating with a company that is trying to mislead you? For example, if you offer to sell them your invention, and then you delay filing a non-provisional patent application for a year, you could be forever blocked from getting a U.S. patent . Then maybe they will walk away from you and go market your invention without giving you a penny. For example, if you enter into a licensing agreement that refers to a patented invention, then the agreement may be worth nothing without a real patent ... the licensing agreement may be smoke and mirrors.
 
Look, here's how it is:
Anybody that told you that you have a "provisional patent," using exactly those terms, is either misinformed themselves or is trying to trick you!
 
One thing I can say for sure:
You DO NOT have a provisional patent in the United States.
 
Good luck!
Be careful!
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