Re: How to patent an idea?


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Posted by M. Arthur Auslander on February 17, 1999 at 11:54:26:

In Reply to: How to patent an idea? posted by Andrea Taylor on February 17, 1999 at 09:16:05:

: Several friends and myself have ideas we'd like to work on getting patented but we have no idea as to where to begin. If there is anyone out there that could help us we'd appreciate it.
Ideas are not patentable. A new useful, unobvious, structure or method is patentable. Not every patent is going give you what you want. It is easy to get patents. It is not easy to get good patents or have a fair chance of earning from the patent. I conduct a reality check. The Reality Check considers what can be done with a patent, without a patent and goes into the alternatives including design patents, copyrights, and trademarks. It even shows how to do it yourself and/or to market. As part of the Reality Check even if we feel certain that a patent can be obtained we may recommend against proceeding if the risk seem greater than the possible rewards.
If you divulge or use your invention before a first patent application is filed you lose right to foreign patents even though there are treaties which would ordinarily protect you.
One must be careful with doctors or lawyers or any professional because it is so easy for them to have a primary interest in the money or their ego to the ultimate detriment of their client or patient.
M. Arthur Auslander
ELAINE's Workshop: E arly L egal A dvice I s N ot E xpensive (sm)
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com




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