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

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

Comments:
: : : : : : : : : : : : : 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!? : : : Dear In The Know, : : : There is an ugly real world out there. Just because you even have a GOOD patent, is no assurance that it is going to be able to go anywhere. : : Ok, I agree 100%. Nothing is certain when it comes to buisness considerations regarding a patent's viability. Common sense. In fact, why do you think 80% of patent filers are large entity? They are in the best position to assess risk and have the deepest pockets. Small inventors do indeed have disadvantages in that they need to find an outlet for their technology onto the open market. I sometimes think for this those "seen it on TV" commercial for doodads are mighty handy. Rapid exposure to the intended end user. : : : The bigger the company the more likely they are to have an NIH policy. I't not the National Institute of Health, it's "Not Invented Here". : : Can't quite agree. The patent licensing field is huge. One medical device company I worked for bought the rights to a key technology patent and tweaked the technology they had rights to obtain a marketable product. It would have cost them hundreds of millions to have reverse engineered the technolgy to a form that did not infringe. This prodcut now generates 30% of the company's revenue. They bought the rights to the patent for a cool 30 milllion and just went from there. Companies will do what's efficient for them financially. If its cheaper for them to develop new technology for a product rather than licensing it from anotehr company, they will of course develop new tech. The reverse applies as well. : : : : : Some time ago I had an inventor with a very marketable invention. He urged me to call the CEO of the most likely big user. : : : I actually got him on the phone. He didn't budge. The essense of the conversation was that he had 50 engineers on his staff, why should he have to pay to go elsewhere to get something he needed. : : There are alot of details smissing that would have explained his position... : : : I don't believe that I was dealing with an exception but the rule. A CEO's jobs is to make his company profitable, if he has to reach out, to him it looks like a waste or money or a reflection in his ability to run his company. : : Ok, no offense, but that's plain BS. I worked in a Biotech lab at my university many years ago, and the PI obtained a grant to carry out research that ultimately led to a patent. The patent belongs to the company that payed for the research. Large companies routinely farm out their technology acquisition goals in an effort to be cost effective. : : It kind of sounds as though you are trying to say that a technology oriented company is considered mediocre if it has to buy technology from another source to incorporate into their products... Somehow you are completely skipping the whole patent licensing industry. I assure you it is alive and well, and generates more money than any other area in intellectual property. Are you familiar with the term "patent houses". Best examples are really small Biotech firms that develop new pioneering technologies, obtain patent rights then sell or license their technology to larger companies who can take care of the product manufacturing end. That't their business plan in a nutshell. I'm guessing you're trying to communicate the same thing but maybe not in the clearest way possible. : : In any event, I'm just tryign to point out that the reasons why a company may agree to or decline to purchase an inventor's patent is not a simple matter. Optimization economics at work. : : : : : M. Arthur Auslander : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 3008 Johnson Ave., New York, NY 10463 : : : 718-543-0266, aus@auslander.com : : : ELAINE's Workshop® : : : E arly L egal A dvice I s N ot E xpensive™ : : : Reality Check® : Dear In The Know, : You are really in the NO. You will pay for you dreams and wake up with a lower bank balance. Yes it is true that patents can make money but it is not easy for an independent inventor to make money. : Yes it happens but the cost is much more each time than buying a Sweepstakes ticket. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 718-543-0266, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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