Re: Re: Re: Re: Re: Re: Re: Patent and multiple embodiments

Subject: Re: Re: Re: Re: Re: Re: Re: Re: Patent and multiple embodiments

Comments:
: : : : : : : : : : : : I disagree with your reply and in fact you did not even have the decency to answer my question. : : : : : : After looking at other replies you have posted on this forum, a common theme arises. That of discouraging inventors. : : : : : : I have several technical degrees, several years of coursework in mathematics and logic. I have been reading about the patent process. I can clearly see that it takes skill to produce a patent. But it is not impossible!!. I also know that a patent examiner can help an inventor with claims if it is apparent that the inventor is not represented by an attorney. : : : : : : Can someone help me out with my original question? Please do not try to discourage me. Several years ago, I was discouraged from patenting something, only later to see it patented by a corporation, consequently they : : : : : : made much money off of the idea I failed to patent. : : : : : Dear Bill, : : : : : There are more who are blind because they cannot see. Almost anyone can get a patent. There is a $100M a year getting patents for inventors. Only 1 in 10000 make more they they pay. : : : : : Go get as many patent as you want. The filing fee starts at several hundred dollars. : : : : : Just because you saw a corporation patent what you conceived of does not mean that you could have gotten the protection that you want or that you are deprived of your legal rights. : : : : : M. Arthur Auslander : : : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : : : 3008 Johnson Ave., New York, NY 10463 : : : : : 7185430266, aus@auslander.com : : : : : ELAINE's Workshop® : : : : : E arly L egal A dvice I s N ot E xpensive™ : : : : : Reality Check® : : : : Bill, Mr.A. is wrong in "just about anyone can get a patent". I hold a United States patent. I applied for an other decive and was denied. He is right that 1 in a 1000 make money from their envention. That is where marketing comes in. It has nothing to do with the legal aspects of a patent. Do not let anyone discourage you from moving forward in making a diference in people's lives. Do choose a patent attorney very carefully. In your case, you are writing the patent yourself, trust me when I tell you, the more knowledge you have of the patenting system the farther you will go. I bet if you hired Mr. A. he would tell you your invention is better than sliced bread. Just use common sense. Don't let anyone discouage you. Make sure your claims are broad enough that you can fight off infringers. Good Luck! : : : : "In the know", where are you? Can you help? : : : I think that Mr. A makes money via preventive measures. His Reality Check program is a means by which to tap into the finances of independent inventors whoa re thinking of getting an attny. Put it this way, you guys would pay him to tell you that your idea wont be marketable or patentable. Its pretty nifty little business plan he has (he is doing many inventors a favour and gets paid for doing the common sense thinking for some business clueless inventor. : : : The reality is this gentlemen, patents mean different thigns to different organizations. Some companies acquire patents for : : : product protection, other companies, so called "patent houses" develop technology and obtain patents solely to lisence them to larger companies. So what about the little indie inventor?? Well, stereotypically your indie inventor is a little crack pot who thinks he has the greatest thing since sliced bread, is stubborn and does not approach the IP system pragmatically. Patent attorneys would only be most helpful in telling such an inventor that their idea is patentable. This is of course just an innacurate stereotype. There are a number of ways players make money: inventors make money through licensing, selling there ideas out right, or starting companies to manufacture a viable product protected by a patent. IP attorneys ahve in interest in maintaining a client's optimism as it relates to recieving a patent. Common sense, duh? its a lawyers livelyhood. IP lawyers will still get paid if you dont get a patent. Yes, and there are scam operators who take advantage of uninformed inventors. yeah, they are able to get a patent, but claims are so limited the patent is all but useless, and may be a simple design patent. Then we have seaech firms: companies specializing in finding prior art for Applicant's to investigate the likelyhood of a patent Application's being allowed even before said application is filed. It works pretty well too since 75-80% of patent Applications are allowed at some point. Then you have organizations that will conduct a commercial feasibility study for you (getting paid some good money of course) to determine if your idea is worth patenting. : : : If and indie attny doesnt have the common sense or, forgive the blunt language, the foresight to see how their idea may be marketable, then Mr. A can be a solution. You pay him his fee and he finds out how your idea can be applicable in a financially viable manner. Just keep in mind of common scare tactics used by entities that conduct fee based patent feasibility studies: : : : 1 in 10000, scam operators 100,000,000 dollar business yata yata yata. Come to me and you will be safe. I'll tell ya'lls if you gots gold or lead I guarantee. : : "In The Know" You are back!!!! Thanks : Dear in the KNow, : How much have you spent on patent application and how much have you earned? : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 7185430266, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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