Re: Delaying a patent application...

Subject: Re: Re: Delaying a patent application...

Comments:
: : I have an idea for a business model that I would like to implement and patent. However, with no income right now, I cannot bear the cost of the patent app, so I thought I'd do the following, and would like some advice as to if there are any flaws in this logic... : : (1) Document idea and notarize (just proof that it's mine on a certain date). : : (2) Have attorney do patent search. : : Assuming that it is not patented (my search thru the uspto online database came up with nothing similar) from the search above... : : (3) Build/Implement. This is a dot-com based around my idea. : : (4) Release to public and sell like crazy. : : (5) I then have one year from date of initial public release to apply for a patent, so prior to one year, I can better determine if the idea is viable and make a more informed decision if to drop the cash for the patent. If things go as well as they did in my recent dreams, I would also have some income from this to easier afford the patent. : : In the meanwhile, if anyone decides to patent this idea, I can prove from the notarized docs and from the patent search that it was my idea. The only potential snag I see so far is that someone had a patent pending before me, and I would not have found out about it in the search. : : Is this a bad plan? : : Thanks, : : -Neil. : : : : : (4) I under : Dear Niel, : If you divulge or use an invention before the first patent application is filed, you lose all valid patent rights in most countries of the world. : Although you can publicly use an invention in the US for one year before filing a patent application, that us usually risky. : Just getting a patent may mean no more than spending money. : We looks into the clients needs and see if we can find solutions that will work. For instance using a trademark to identify a product, irrespective of a patent. Thus creating an identification the can live forever. : Provisional patent applications are another avenue for holding on to rights. : A patent search may clearly show that a patent is likely to be obtainable but the prospective scope of claims may not give a practical monopoly. In fact the inention may be perfect with unlimited parallel solutions. : We start with a Reality Check (sm) for the above reasons. : Notarization, as simple as it is, may not provide the protection that is intended. : 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 : : 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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Do not disclose any details of any patent idea. See a lawyer.
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