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Re: Patent
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Posted by M. Arthur Auslander on March 11, 1999 at 04:36:33:
In Reply to: Patent posted by Lee Rennacker on March 10, 1999 at 20:19:18:
: From some attorneys I have talked to, it seems like getting a patent yourself is foolish, yet is does not seem difficult? : I want to get patent myself, quickly and cheaply, ideas welcome. I have a simple drawing, but no prototype. : Thanks
Getting a patent does not mean that you get the protection that you need. What is worse you can spend thousands and get a patent whose claims do not give any breadth of coverage. A prototype is not need in order to get a patent. The application itself establishes the reduction to practice.
We conduct a "Reality Check" which goes into what can be done, alternatives, promotion and economy.
In the many years that I have practiced before the Patent and Trademark Office I have only met one or two inventors with the knowledge and skill to know how to get a good patent. Jerry Lemelson, one of the most prolific inventors who ever lived used to try to write his own applications. The news reports recently showed that he finally made over 200m on his inventions. The money only came after he found competent counsel and the climate in the courts changed. Years ago Lemelson turned over to me some of the applications he had written at a time when he had written more applications than I had. I was shocked to see how little he know about getting good patents even though he was one of the worlds greatest inventors.
One must be careful with professionals. It is so easy for them to look out for themselves and disregard the need of the client. The advise you have gotten seems correct so far. The question is whether a patent is the solution.
You get what you pay for.
M. Arthur Auslander
ELAINE's Workshop: Early Legal Advice Is Not Expensive (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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