Re: Re: Another "Pirates of Silicon Valley" Situation I need Help with ASAP

Subject: Re: Re: Re: Another "Pirates of Silicon Valley" Situation I need Help with ASAP

Comments:
: : I do not give advice. But IF I were you, I would immediately goto the PTO site at: : : http://www.uspto.gov/web/forms/index.html : : and locate form # PTO/SB/95. : : You will need adobe reader to open it. Open the form, print it out, and fill it in. Attach as complete a detailed description as possible to the form, including as many pictures as you can. Also attach a MONEY ORDER made out to Commissioner for Patents for 10.00 USD and mail it to the address on the form. Make sure you also include a post card itemizing EVERYTHING in the package you are mailing. Put you return address on the post card, along with a stamp for first class mail. : : This establishes date of conception for the invention in the PTO files which will be very tough for anyone to say otherwise (e.g. your friend). Then you need to file a patent application, as the disclosure document does not give you a "priority date" or any patent protection, and is useless to provide any level of protection outside the US. The US is on a first to invent system. That is why the date of conception is so important, and the disclosure document helps you. : : The PTO will keep the document you mailed for 2 years and then the PTO will trash it UNLESS you refer to it in a patent application. : : You need to file a non-provisional patent application in view of the hostile actions your friend is doing. Skip the provisional which cannot turn into a patent. In the US it is a crime to claim to be an inventor on a patent application when you are not. At the same web site open form PTO/SB/01 and look in the middle of page 2. Your friend needs to sign that form or an equivilent. If he lies, he could goto to jail. Title 18 of the US Code is the criminal code. You can also overturn his patent under Title 35, section 102(f). : Dear Get him! : Looks very insightful. Unfortunately you can't depend on a Federal prosecutor to act even if there is a crime. I have usually regarded the disclosure program to be worthless. : 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™ : Reality Check®

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Do not disclose any details of any patent idea. See a lawyer.
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