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(Message started by: laminar-flow on Jan 21st, 2007, 7:19pm)

Title: Can I bypass a patent if I have a potential buyer?
Post by laminar-flow on Jan 21st, 2007, 7:19pm
I have a concept of a device/system that will enhance an already made product.  This device/system is definately something that I would not want or be able to market because I do not think it wise to get into competition with the core product.  I could proceed with a patent and approach potential customers.  But is there a way to approach a potential customer with suitable protection but without getting a patent?  Thanks for looking!

Title: Re: Can I bypass a patent if I have a potential bu
Post by kchuah on Jan 23rd, 2007, 1:45pm
First ask yourself what's the meaning of having patent?
A wall hanger or something to protect your right?

Your question is similar to ...
Can I visit Europe without a Passport?
Yes, probaby you can but facing the huge risk/consequence (deported by immigration office if caught)

I heard about manufacturers do pay royalties to
Non-patentable idea. However, these are extremely rare cases ...

Title: Re: Can I bypass a patent if I have a potential bu
Post by SoCalAttny on Jan 29th, 2007, 8:21pm
Without a patent it is difficult to say what your invention is as it relates to other similar inventions. Your rights to exclude others from making and using your invention derive from a patent. No patent, no protection. Any decent patent attorney can design around your invention and you lose. Who would pay for that?

Title: Re: Can I bypass a patent if I have a potential bu
Post by Wiscagent on Jan 30th, 2007, 9:31am
"Without a patent ... Any decent patent attorney can design around your invention and you lose."

Huh???

SoCalAttny - Please explain what you mean.
1)  Why would anyone need to design around a non-existant patent?  Let alone hire a patent attorney.  (Decent or otherwise.)
2)  Many, perhaps most, products on the market today are not patented.   Are you saying that anyone selling a product that is not patented somehow loses?

Title: Re: Can I bypass a patent if I have a potential bu
Post by laminar-flow on Jan 30th, 2007, 8:05pm
Thanks for replying.

Let me describe in more detail.  I have an idea that might be valuable to Company A, B, & C.  Is there a way to approach one of these companies with the idea, offer it to them to patent, produce, even help develop it for them, with some level of protection, all without going through a patent?  The reason is cost but also time.

On another note, if I were to go ahead with a patent, how long before some level of protection is attained?

Also, what is a reasonable price I should expect to pay for a patent?

Is working with a local attorney better than working via internet?

Title: Re: Can I bypass a patent if I have a potential bu
Post by Wiscagent on Jan 30th, 2007, 10:19pm
"Is there a way to approach one of these companies with the idea, offer it to them to ... without going through a patent?"

You can approach the companies, giving them a broad, general idea of what your invention can do for them.  Then, if they are willing to sign a non-disclosure agreement, reveal more details.  Assuming that they honor the non-disclosure agreement, your patent rights would be intact.

"...if I were to go ahead with a patent, how long before some level of protection is attained?"

When you first file your patent application that helps establish that you developed the invention as of that date.  But you do not have the right to sue anyone for infringing your patent until the patent actually issues - and that typically takes 2-5 years.  Note that only about 2/3rds of all patent applications actually are granted as patents.

"what is a reasonable price I should expect to pay for a patent?"

Patent office fees are about $1000.  Legal fees are typically $5000 to $15,000.

"Is working with a local attorney better than working via internet?"

It generally doesn't make much of a difference.  Note that only a patent attorney or a patent agent can represent you before the patent office.  Most attorneys are not patent attorneys.

Title: Re: Can I bypass a patent if I have a potential bu
Post by kennethc on Jan 31st, 2007, 8:31am
if you have less understanding of patent. I believe, you're probably not familiar with licensing as well.

Licensing is one of the toughest processes

Our invention is in National pending & PCT stage. The manufacturers who interest to our product (consumer gadgets) are playing games and throwing hard balls during the negotiation...



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