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Is it Patentable?
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   I need opinions
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   Author  Topic: I need opinions  (Read 2316 times)
Designer
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I need opinions
« on: Oct 28th, 2007, 10:48pm »
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I would like an opinion about this. I am a specialized consultant in my business segment and I developed a graphic product for industrial application.
 
I commented in very general way the idea with an important scientist researcher of a recognized high-tech multinational company manufacturer of equipments in where this development can be installed. This researcher are very interested.
 
On the other hand, I have investigated about this and I discovered that it is not possible to patent my graphic product and nor to apply copyrigth. Therefore, If not exist some legal way to protect this product but the company are interested, how I can negotiate with the company? Because in addition this product must be customized for each specific client, is not a generic product.
 
Perhaps to propose that the company contracts my services like an employee?  Or what advise me? Exist other options to negotiate?
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Smarty Pants
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Re: I need opinions
« Reply #1 on: Oct 29th, 2007, 12:35pm »
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Regarding:
 
"Or what advise me? Exist other options to negotiate?"
 
In my opinion, you are Yoda and should stick to training Jedi.
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DJoshEsq
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Posts: 104
Re: I need opinions
« Reply #2 on: Oct 29th, 2007, 3:14pm »
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You need to contact an attorney, because you will need to disclose the details of the invention so that the attorney can advise you the best way to protect this "invention".  
 
Please remember that you have only 1 year from the date of disclosure to file a U.S. Patent application.  It sounds like you already lost your foriegn rights!
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D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
Smarty Pants
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Re: I need opinions
« Reply #3 on: Oct 29th, 2007, 4:41pm »
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Regarding:
"Please remember that you have only 1 year from the date of disclosure to file a U.S. Patent application."
 
Boy have I battled that one over and over. It seems like every layman that has dabbled briefly in patent education has latched onto the belief that disclosure prevents patentability. Can the person who posted that statement please expound? Can that person point out a relevant U.S. statute? Is there anything in 35 U.S.C. 102 that supports that statement? Is this 35 U.S.C. 102(c) if genuine vigorous development was on-going throughout said 1 year?
 
Ok, I started out being a Smarty Pants, but now I'd genuinely like to find out if the above statement can be supported. I retract any disrespect toward little green alien martial arts gurus and humbly beg an explanation.
 
I don't see that the O.P. has asserted that public use, publication, or an offer for sale has occured. Disclosure can occur without such activities. I think the public interprets, to their peril, that the activities listed in 35 U.S.C. 102(b) can be summed up as "disclosure."
 
Can anybody expound on this?
 
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Designer
Guest
Re: I need opinions
« Reply #4 on: Oct 29th, 2007, 5:41pm »
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In my commentary I specified that the graphic product that I developed is not patentable and it is not possible either to be protected with copyrigth, due to its graphic nature and format (mainly the format). But the company are interested.
 
 
Nevertheless their applications are very interesting and with a very high potential. Is something that already exists, but I modified it to other new industrial applications.  
 
For that reason I would like an opinion.
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