Re: Should I complete this patent?

Subject: Re: Re: Should I complete this patent?

Comments:
: : Nearly a year ago, I filed for a provisional patent on a technology process for my company. The patent would protect our fundamental way we do business. Unforutnately a few competitors entered the market before I could get funding, so I dropped the business. These competitors would be infringing upon my patent were I to complete the full patnent application and it were accepted by the US Patent Office. These companies who are infringing have revenues of almost $100 million. My questions are: Is it worth it for me to complete the patent and pursue the infringers for percentage of revenue? What percentage of cases are won when there is a clear infringement? Also, could I sell the patent to the competitor who wants to pay the most for it? : : Thanks, : : Aaron Roberts : : Dear Mr. Roberts, : Patents are not something that can be gotten out of a form book. It would appear, from what you say that you prepared the application. : I hate the supercilous attitude of many doctors, who seem to suggest that because they are doctors that they are right and know what you don't. : Well, at the risk of appearing supercilous, I believe that it is very difficult for even a patent lawyer to write a GOOD patent application, with GOOD claims. Without the GOOD claims, that will stand up in court, just having a patent may not be worth the filing fee. : Do you have a patent search to validate the patentabiltiy? : If you had a GOOD patent or even an application you might have something of value. The provisional application MUST be able to support the GOOD patentable claims. Just writing out what a layperson thinks is an invention may not be good enough. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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