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Topic: How do you get inventor to disclose his invention? (Read 3745 times) |
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yahsureyoubetcha
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How do you get inventor to disclose his invention?
« on: Nov 14th, 2007, 11:28pm » |
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I'm dealing with an inventor who just doesn't understand what needs to be disclosed in a patent application. Is there anything online that I can show him to try to explain what needs to be disclosed in order to write an application?
He is talking about a software system to (do X). His "disclosure" is that he has this software system that "does X". That's it. No explanation of how X is done. Zero enablement. Right now, if I were to do a drawing, it would be a big cumulus cloud labeled "and then a miracle occurs".
Anyone have an algorithm thesis online that I can send to him and say, "look, here's a master's thesis on a highly complex algorithm, with half a dozen diagrams, a discussion of alternatives, and a full explanation of why this is better than everything that's gone before, this is what you're supposed to send me."
I've been going back and forth with him for nearly three weeks and the most I've gotten is three sentences explaining that yes, the thing "does X" but it doesn't do it "that way" because "that way" was listed in a patent he sent me as the prior art he wants to avoid. I don't know whether he's afraid I'm going to steal his invention or if he's trying to make me his research department.
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TataBoxInhibitor
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Re: How do you get inventor to disclose his invent
« Reply #1 on: Nov 15th, 2007, 6:48am » |
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It must enable a person ordinarily skilled in the art, which in your case is a software engineer/computer science type? If you can describe, after viewing the software, how it does something to accomplish some result, then that should be sufficient. I do not think the algorithm comes into play here. You need to ask exactly what steps are involved to "do X."
Sometimes it helps if you take a perspective of a user, in using the system in which the software is installed on.
You should make sure you cover all "forms" of software in your claims, including its use on a computer, being present on a disk etc etc. Others here may have more.
Regards,
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yourbrotherinthetrench
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Re: How do you get inventor to disclose his invent
« Reply #2 on: Nov 15th, 2007, 8:41am » |
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Dear yahsureyoubetcha,
I hereby commiserate with you.
I've walked that walk many a time.
Each time the scenario you described unfolds again, I get a little more comfortable with the bamboozle aspects of this job we call patent prep and pros.
Just start writing a smoke and mirrors patent application my friend. Get out the egg beater and whip up some meringue.
Your client ain't worried you're gonna steal his invention ... he possesses no invention! There is nothing to steal brother!
Take his money and write!
Take as much of his money as you can!
He wants to extort the world with a flimsy patent and if you don't write it ... sheeeit ... then I WILL!!
Start drawing boxes with arrows between them ... let's see there's gotta be an input and an output ... right? ... Ok ... there's gotta be a module or something between the input and the output ... right? ... ok ... we're up to three boxes in the figure ... look for action verbs anywhere in the disclosure ... how many you got? ... two ... okay, break that middle module up into two boxes and bam ... we're up to four boxes. Now surely those two middle boxes need an intermediary box ... you know, storing some intermediary data or cross talk among the two boxes or something ... work some kind of loop into the drawing ... aren't we up to five boxes by now .... I could write ten pages on five boxes easy ... I may could write ten pages on what little I know already and I don't have the disclosure in front of me.
Go take a morning yoga class ... pick one with a hot instructor ... then grab a latte on the way into the office ... and write brother!
This is what we do.
Welcome to the jungle.
Love and Kisses,
yourbrotherinthetrench
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yourbrotherinthetrench
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Re: How do you get inventor to disclose his invent
« Reply #3 on: Nov 15th, 2007, 9:11am » |
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On second thought ... my conscience consumed me after I posted that message ... I retract my recommendation .
I now recommend you needle the "inventor" for more information. I recommend you tell the inventor, and your boss, and the inventors boss, and the inventors investors, and all the kings horses and all the kings men, that you are a crusader of truth and fairness and all that is good. I recommend you take a stand, here and now. I recommend that you assume that you are indeed that one of reasonable skill in all arts, that you will unilaterally determine when a disclosure is sufficiently enabling, and I recommend you not taint yourself with the kind of compromising fluffery that I previously recommended. Be strong, an army of one. You don't need your job ... do you? You can stand out in your firm as difficult ... can't you?
Oh ... wait ... what was that? ... my conscience just blinked ... like the pilot in the helicopter Decepticon in the first battle scene in the Transformers movie ... maybe the pilot isn't real .... maybe my conscience is ... intangible ... maybe, I wanna get paid more than I wanna be a crusader ... can it be? ... can I be? ... can I transform into .... an evil Decepticon? .... YES! ... I can! ... I can and I will write that patent application! ... Wa-Ha-Ha-Ha-Ha!
All Hail Megatron!
ok ... too much latte.
gotta go.
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DJoshEsq
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Re: How do you get inventor to disclose his invent
« Reply #4 on: Nov 15th, 2007, 5:13pm » |
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request a flow chart or step by step process of accomplishing X. Alternatively, request that the inventor draft at least a one page description of the invention. That is all I got!
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D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
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