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Re: ePave for old application


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Posted by M Arthur Auslander on October 19, 2002 at 01:04:06:

In Reply to: ePave for old application posted by Art on October 18, 2002 at 01:32:37:

: I have a year 2000 patent application that has received its first office action. I want to do the rest myself now that the USPTO allows internet applications since the lawyer costs are so high to continue this application.

: What is the best strategy? Should I abandon the existing application and file a new ePave application? Is there a way to switch my paper application to electronic?

: I know how to write patent specs and claims and don't need technical/legal advice from an attorney.

Dear Art,

It is easy to get a patent. It is not easy to get a patent that will get the protection that you need.

It is not the cost of the lawyer that is the concern, Should the application have been filed, even if you use a Registered Patent Lawyer?
You can do it yourself by revoking the lawyers power.

What do you known about claim BREADTH?

I had client that came to me with a patent he had gotten using a qualified Registered Patent Lawyer, telling me he saw his invention in use.

The claims of that patent were so narrow that he had given away the concept, gotten the patent and could not stop the use of the idea.

You cannot always get the breadth of protection that you need. If you understand that from the outset it might not even have been worth filing in the first place.

That is why we start with the Reality Check®, to sasve time money and worry.

If you think that just filing a patent application and getting a patent is going to make you money, that is wrong. It take a lot more that just getting the patent, even with a lawyer you can trust, and are able to pay.

Do you know the consequences of abandonment? Even if you can write a sophisticated claim?

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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