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Author Topic: HELPING A BUSINESS ASSOCIATE WITH A PATENT APPLICATION  (Read 2942 times)

klaviernista

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Re: HELPING A BUSINESS ASSOCIATE WITH A PATENT APPLICATION
« Reply #30 on: 05-18-10 at 10:32 am »

I expect the bar association will say that a lawyer is needed.

Not a bad assumption, but if the question is asked correctly, then the OP should be able to get the information he needs, rather than the canned response.

E.g.,

Q1:  "Should a lawyer or patent agent prepare a patent application?"  Likely Answer:  "Absolutely."

Q2:  "Under the rules governing professional ethics in this state, am I, a non-lawyer, legally able to prepare a patent application for my friend, provided that my friend signs all the paper work and files the application himself?"  Possible answer (not saying this is correct): "Well, nothing in the state rules bars you from doing that, but it would be better if an attorney or agent did what you are proposing."

In sum, the question should be framed as "Can I legally do X?" not, "Should I do X, or should I get an attorney/agent to help me out?"



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DogDayPM 9er9er9er

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Re: HELPING A BUSINESS ASSOCIATE WITH A PATENT APPLICATION
« Reply #31 on: 05-18-10 at 01:38 pm »

Quote from: klaviernista
WITH SOME EDITS Q2:  "Under the rules governing professional ethics in this state, am I, a non-lawyer, legally able to be hired for pay to prepare a patent application for my friend, provided that my friend signs all the paper work and files the application himself?" 

I haven't looked for any case law to back this up, but I think they're going to be interested in the part about how the OP is getting paid for his patent work.
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klaviernista

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Re: HELPING A BUSINESS ASSOCIATE WITH A PATENT APPLICATION
« Reply #32 on: 05-18-10 at 01:52 pm »

Thanks DD.  How/Whether the OP will be compensated is definitely an important part of the question.
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