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Is it Patentable?
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Public Disclosure?
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   Author  Topic: Public Disclosure?  (Read 1472 times)
JimIvey
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Re: Public Disclosure?
« Reply #5 on: Jun 28th, 2005, 2:01pm »
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Normally, I'll let good advice stand unless I think I can add a little something to it.  However, I'm seeing a flurry of posts here about this on-line registration system and I have to say that I agree whole-heartedly with Messrs. Clark and Sonnabend here.  The advice given is sufficiently important to justify adding nothing more than a little additional weight of concurrence.
 
Regards.
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James D. Ivey
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JSonnabend
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Re: Public Disclosure?
« Reply #6 on: Jun 29th, 2005, 8:31am »
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on Jun 28th, 2005, 2:01pm, JimIvey wrote:
Normally, I'll let good advice stand unless I think I can add a little something to it.  However, I'm seeing a flurry of posts here about this on-line registration system and I have to say that I agree whole-heartedly with Messrs. Clark and Sonnabend here.  The advice given is sufficiently important to justify adding nothing more than a little additional weight of concurrence.
 
Regards.

 
First of all, Jim, no attorney can ever "let good advice stand" when that advice comes from another attorney.
 
Second, I am not a "mess"  (you clearly had a typo there.  You wrote "messrs" when I'm sure you meant to say "messes").
 
Wink
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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JSonnabend@SonnabendLaw.com
JimIvey
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Re: Public Disclosure?
« Reply #7 on: Jun 29th, 2005, 12:12pm »
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As for letting things stand:  I appreciate your point.  In a public forum (like this one), I don't have to respond to every comment.  It's tempting sometimes, but I do have some paid work that needs my attention, and I don't want to be annoying.  Hopefully, I'm having some success in the latter.  Wink
 
Isn't "Messrs." the plural of "Mr."?  Thought it was.  I'm pretty sure the plural isn't "Mrs."  Wink  No "mess" intended.
 
Regards.
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James D. Ivey
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Re: Public Disclosure?
« Reply #8 on: Jun 30th, 2005, 1:04pm »
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Just a few comments:
 
Firstly, IIRC, an NDA will not protect you from the "on sale" bar in the U.S..  If you are commercializing your "idea" before you file a patent you may be barred from patent protection, regardless of the the NDA.
 
Secondly, the disclosure must be enabling.  Depending on how you reveal your product idea, it may or may not be a public disclosure.
 
Lastly, regarding the online registry; since most countries are first to file systems (with the U.S. to follow suite) conception date is not all that important.  If a third party files an application for your invention in Canada, for example, you will have an uphill battle to prove that they stole your invention.
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ringo
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Re: Public Disclosure?
« Reply #9 on: Aug 29th, 2005, 3:26pm »
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On the site of the online registry it says clearly:
__________________________________
Patent / Trademark
 
Registrations with File-Reg provide proof of evidence but does not imply Patent or Trademark registration. One of the benefits of File-Reg is that you can prove you have actually carried out the research and development in developing your product. File-Reg does offer you links to copyright, trademark and patent offices worldwide.
__________________________________
So there is no implication that a registration can replace a patent!!
 
But a 'digital notary' can provide electronic evidence that a file/text/concept..... whatever (as long as it is digital) existed at a certain moment in time and can be proved in a court of law.  
 
Try typing in 'digital notary' in Google - and a bright new electronic world will light up your mind. I did, and it saved me (and dad) a fortune on legal costs.  Grin
 
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