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Re: Re: Re: Re: Re: Re: Re: novelty/unobvious

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Posted by jld on March 24, 2003 at 15:36:50:

In Reply to: Re: Re: Re: Re: Re: Re: novelty/unobvious posted by in the know on March 24, 2003 at 07:11:00:

: : :
: : : : Dear Will,
: : : : There may be patentability in the form of the shatterability. Then there is the question of avoidance. If you just want a patent, there ought to be a way of getting it.
: : : : If you want patent protection, then it will take some thought.
: : : : There may be value in weak patents and trademarks in commercial use.

: : : : M. Arthur Auslander
: : : : Auslander & Thomas-Intellectual Property Law Since 1909
: : : : 3008 Johnson Ave., New York, NY 10463
: : : : 718-548-0592, aus@auslander.com
: : : : ELAINE's Workshop®
: : : : E arly L egal A dvice I s N ot E xpensive™
: : : : Reality Check®

: : : I really dont understand what your point is with your cryptic useless posts Auslander... You have a clever knack for pointing out the obvious but dont seem interested in actually helping people here. Doesn't seem like you know all that much. I deal with IP attorneys everyday and very few are smart. I am examiner, but I am a hell of alot smarter than many of these attorneys. Many are incompetent. I've read a great portion of your posts here and you sound like you just want customers. How about establishing some street credibility here?? If a person asks a question, they deserve an answer, not you BS.

: : Dear In the Know,
: : If you are a patent examiner you may not be acquainted with the real outside world. I wasn't bein cryptic. As I recall from what you said, you were referring to something that had the potential for patentability.
: : Just having a patent does not mean you have anything of value.
: : There is a $100M a year plus industry getting patents for inventors. Only one in 10000 get back more than they pay.
: : The question is not whether you can get a patent but whether it is even worth your while trying.
: : The CLAIMS of any patent you get must be both broad enough to cover and also not be avoidable by minor variations.
: : I can't write a treatise hers. The first thing I would do is to do a patent search and evaluate the search art. The I would evaluate what I see against the facts. Patents are expensive, even worthless patents.
: : I can't solve you problems with generalites. We patented the folded metal polarized electric plug blade. It was shown on the 200th anniverdary Poster for the Patent Statute.

:
: : M. Arthur Auslander
: : Auslander & Thomas-Intellectual Property Law Since 1909
: : 3008 Johnson Ave., New York, NY 10463
: : 718-548-0592, aus@auslander.com
: : ELAINE's Workshop®
: : E arly L egal A dvice I s N ot E xpensive™
: : Reality Check®

: Mr. Auslander, alot of what you say is simply common sense. I know for a fact that many independent inventors tend to be a smart bunch that often times do not consider the economics of getting a patent. Obviously some ideas are useless and some are good. I am not a sheltered goverment employee as you might think. I have worked in R&D with a medical device company before I came here to PTO. I am all about the business end of IP law even though my job is to just examine. I'm just doing my time in this hole until I can finish law school. Then I'm outta here. Basically what your trying to point out to people here in a very cryptic and ineffective way is this:

: inventor, you have an idea... so what. How is it useful? Will it actually sell? Is there anything like it out there? Is Your idea an improvement rather than just a variation. A variation on a shaving razor without any performance improvement is only useful if you are attempting to enter a market having a monopolist by introducing a product variation thus defeating the monopoly. Can you afford to pay patent maintanence fees? Do you have manufacturing facilities set up or planned for? Distribution? Marketing/advertising?

: This, in my opinion is all just common sense. You are sounding a bit like an all in one business advisor. Maybe you should say this very simple thing: my goal is to help you, the inventor see if your invention is even worth pursuing a patent for. I think this is what you mean by your signature, but repeat this everytime you post, and you get boring prety quick. I think you know this so you throw in these fancy cryptic explanations just wetting an inventor's appetite to the point where they will come to your for help. Like one fella here said: this is an open forum, not your private advertising arena. There is plenty of business to go around that you dont have to troll around here pointing out how difficult the process is all the while your sig screams "solution". Like I said, and I will repeat: this is an open forum and people post to get concrete answers, not fluff. I really wish you would see that. You wouldnt dilute your marketability by showing off your knowlede a bit, but you would gain a rep here as someone who is knowledgable and competent. In short, someone who might be a good person to contact. You're an IP attorney, you're obviously a smart one, but you can def optimize the manner by which you approach the posts of users here.


: PEOPLE!!!!! Stop and critically ask yourself: is your invention just an ego boost clouding your ability to acertain whether or not it will be a commercially viable product? Big corporations that that apply for patents go through the process of figuring out the economic costs/benifits of getting patent protection. They factor in costs of the final product, as well as the manufacture, distribution, marketing, etc..
: think coldly: will this make me rich!?

Mr.A. you are right about the claims of a patent. However, for the sake of new technology, an inventor should not be scared of the system of IP law. We should have faith in the system. When a patent is granted by the laws and rules of the United States, that should say it all.
"We the people" should demand it be the final decision. I have researched many lawsuits on IP and it seems the courts rule in favor of the patent owners 80% of the time. In a perfect world, the US should protect a patent that "we the people" pay for, and believe in a system that granted a patent according to the rules and laws of our patenting system. What I am trying to say is; if the Great United States grants a patent, they should not allow infringment of a patent they have researched and signed off on and granted. My only hope is; the US does not let "we the people" down through the court system. When the US grants a patent, they should stand behind their decision and protect the patent they granted. I truly believe the US should be held responsible for what they grant. As a holder of a United States Patent, should I be faced with an infringer, I would hold the US responsible for the protection of my patent and I would hope that all patent holders would do the same. We need to change the way the US takes responsibility for what they grant. When reading title 35 of the U.S.C., much of it is left to interpatation and opinion. I guess that is just the law. I know what your response will be to this: GOOD LUCK. "IN THE KNOW" what is your opinion?



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