Intellectual Property Forums (http://www.intelproplaw.com/Forum/Forum.cgi)

(Message started by: DJoshEsq on Nov 2nd, 2007, 1:11pm)

Title: Take Advice With Caution
Post by DJoshEsq on Nov 2nd, 2007, 1:11pm
Although I have only been posting on this forum for a few months, I have noticed many things that all should be aware of while using htis site.

First, there are many attorneys, or people claiming to be attorneys on this site that give wrong/bad advice.  Even if the advice comes from a "moderator" on this forum, it is not necessarily correct.  

Second, there are non-attorneys that give wrong/bad advice.

Please take all advice with caution.  You should always consult a REGISTERED patent attorney, preferably one that practices with a reputable firm, to ensure sound legal advice.  Also, there is no supplement for using the MPEP that is published online at uspto.gov.

Title: Re: Take Advice With Caution
Post by Jonathan on Nov 2nd, 2007, 2:16pm

That's all good advice.

People just about invariably do correct others, though, when they are wrong, on this site.

Title: Re: Take Advice With Caution
Post by Bill Richards on Nov 2nd, 2007, 7:51pm
Remember, none of what's posted here is "advice", but for informational purposes only.

Title: Re: Take Advice With Caution
Post by Agent_Orange on Nov 2nd, 2007, 9:06pm
And remember, anyone...I mean anyone who says,

"You should always consult a REGISTERED patent attorney, preferably one that practices with a reputable firm, to ensure sound legal advice."

is com-pleeeeetely full of sh!t.

Title: Re: Take Advice With Caution
Post by Bill Richards on Nov 4th, 2007, 3:29pm

on 11/02/07 at 21:06:34, Agent_Orange wrote:
And remember, anyone...I mean anyone who says,

"You should always consult a REGISTERED patent attorney, preferably one that practices with a reputable firm, to ensure sound legal advice."

is com-pleeeeetely full of sh!t.

Just to perhaps clarify Mr. Orange's pithy comment, one may nor may not be an attorney to be licensed to practice before the PTO.  Consulting someone licensed to practice with the PTO is always good advice.  Choosing someone who's reputable is, likewise, a good idea.  (Why choose someone with poor reputation?)  Having said that, there are some issues with which a non-attorney cannot deal.  Licensing is just one example, but I'm sure others can add to that.

Title: Re: Take Advice With Caution
Post by patag2001 on Nov 5th, 2007, 1:25pm
I read reputable firm to mean law firm.  I like to think the best practitioners work for companies that are using and developing the art.  However, this is likely an inaccurate generalization.  As I, both of the patent attorneys that trained me worked for a large semiconductor company.  Further, I’ve seen some patent agents that do a better job than some patent attorneys.  

Accepting generalizations can also be bad advice.  

Title: Re: Take Advice With Caution
Post by Agent_Orange on Nov 5th, 2007, 5:23pm
Right.

That's also not to say that private practitioners aren't, or could not be, every bit as competent.

Just to clarify any confusion about licensing, an attorney is no more entitled to administer a license agreement than someone off the street.  That aside, naturally you'd want to seek someone who could yield results for you.  But, that goes without saying.

It's rather ironic that someone, who starts a thread cautioning readers against dubious advice, would be so quick to give it.


Title: Re: Take Advice With Caution
Post by DJoshEsq on Nov 12th, 2007, 2:23pm

on 11/05/07 at 17:23:31, Agent_Orange wrote:
Right.

That's also not to say that private practitioners aren't, or could not be, every bit as competent.

Just to clarify any confusion about licensing, an attorney is no more entitled to administer a license agreement than someone off the street.  That aside, naturally you'd want to seek someone who could yield results for you.  But, that goes without saying.

It's rather ironic that someone, who starts a thread cautioning readers against dubious advice, would be so quick to give it.

Not worth a response.

Title: Re: Take Advice With Caution
Post by Jonathan on Nov 12th, 2007, 6:34pm
Seems like you did respond..  :)

Not trying to start a flame thread.

Other people's viewpoints are always welcome in these forums.

Welcome to this site.

Title: Re: Take Advice With Caution
Post by DJoshEsq on Nov 29th, 2007, 9:40pm
One of the primary reasons that I participate in this forum is because I witness so many people receiving improper advice.  


Title: Re: Take Advice With Caution
Post by Bill Richards on Dec 6th, 2007, 5:18pm

on 11/05/07 at 17:23:31, Agent_Orange wrote:
Just to clarify any confusion about licensing, an attorney is no more entitled to administer a license agreement than someone off the street.

I'm not clear what is meant by "administer" a license.  If it's to take it up after it's been drafted and agreed to, then I agree with Orange.  If it's to draft the agreement and hold it out as being legally sufficient, that's the practice of law.

Title: Re: Take Advice With Caution
Post by reputablefirm on Dec 15th, 2007, 7:56am

on 11/02/07 at 13:11:00, DJoshEsq wrote:
Although I have only been posting on this forum for a few months, I have noticed many things that all should be aware of while using htis site.

First, there are many attorneys, or people claiming to be attorneys on this site that give wrong/bad advice.  Even if the advice comes from a "moderator" on this forum, it is not necessarily correct.  

Second, there are non-attorneys that give wrong/bad advice.

Please take all advice with caution.  You should always consult a REGISTERED patent attorney, preferably one that practices with a reputable firm, to ensure sound legal advice.  Also, there is no supplement for using the MPEP that is published online at uspto.gov.



While that is good advice, are you suggesting that the firm you work for is reputable?  What is reputable?  Would the attorneys have to have gone to a top 10 school?  What about their science backgrounds?  Should they have gone to a top 10 school as well?  Is your undergrad a top 10?  What about your law school?  What about the spelling errors in your post?

You are right, advice should be taken with caution, but I am not sure what you are suggesting is all that true.  I think you are also insulting the solos and patent agents by your post.

Title: Re: Take Advice With Caution
Post by Wiscagent on Dec 15th, 2007, 9:16am
“... there is no supplement for using the MPEP that is published online at uspto.gov.”

Actually there are many supplements, including other information available from the USPTO, case law, text books, and advice from practitioners and examiners, just to name a few.



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