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Re: Re: Re: Earning potential of a patent?


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Posted by M. Arthur Auslander on August 10, 2001 at 23:20:05:

In Reply to: Re: Re: Earning potential of a patent? posted by Michael on August 10, 2001 at 04:49:35:

: So patenting a business idea through a patent attorney who has been practicing for over 20 years and was recommended to me by my financial advisor would be a waste of time and money?

: What exactly is a "Reality Check(tm)?"

: -Michael

: : Dear Michael,

: : Just getting a patent is usually a waste of money even in many instances when the invention is meritorious.

: : It is thinking like yours that feed a $100M+ a year scam in soliciting hopeful inventors to file patent application. In the scam only 1 in 10000 make more than they pay.

: : We start with a Reality Check™ to save time money and worry.

: : 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™
: : E arly L egal A dvice I s N ot E xpensive™

Dear Micheal,

"So patenting a business idea through a patent attorney who has been practicing for over 20 years and was recommended to me by my financial advisor would be a waste of time and money?"

The patent attorneys 20 years of experience, does not relate to the feasabilty of your goal. The suggestion of the financial advisor, does not in itself relate to the feasabilty of the goal.

I am not for an instance saying that you are are on the wrong path. I am saying that the path is much more than just getting a patent.

What I have been saying is that not every good idea is patentable and not every patent is going to give the protection that you need.

We start with the Reality Check™ which examines what you have, what you want and what are the chances of obtaining your goals with a patent. In some instances there are alternatives such as trade secret, or trademarks.

We do not even necessarily conduct a patent search where the disclosure looks patentanble if the assesment looks negative. We try to do an assesment rather than impose an opinion.

Just the other day a person with great selling skills came to me with and idea. I suggested that there was not chance of getting a patent of value but that the product could be marketed, particularly with a trademark.

The client insisted on a patent search and was stunned to see that there were so many patents showing what the client wanted to do. The patents were all avoidable so the product was not threatened.

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™
E arly L egal A dvice I s N ot E xpensive™

M. Arthur Auslander


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