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Author Topic: Looking to sell a provisional patent...  (Read 3936 times)

dtpater

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Re: Looking to sell a provisional patent...
« Reply #15 on: 01-08-11 at 11:30 pm »


One of the biggest problem I see is the downside of many Inventors who have the burden of Patent Debit from the new product, and yes sometimes the old Patent is worth buck loads of money.

Here are some classic comments from an Inventor below who has proven different methods work!

I am looking forward to getting my hands on the new book Guerilla Inventing

http://www.rogerbrown.net/projects/

and I have possibly convinced the Author to also selling it as an E-Book using this system below

 http://www.ebook-security.com/index.html
 ;)




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dtpater

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Re: Looking to sell a provisional patent...
« Reply #16 on: 01-09-11 at 01:01 am »

There can also be great value in the manufacture having the assigned Patents, this method turns around the traditional License Agreement into real ownership for the manufacture and the Inventor covered by the contract, creating a working relationship, just like any other business  relationships are the key and the Level of Interest in your Invention, because without that you have nothing!,

just a Patent and lots of bills, so even with a Patent you need to achieve the high level of interest to achieve the License Agreement, because yes otherwise you will have to look at commercializing the new product yourself and bare all the costs, and yes this can work very well like with an Inventor friend, but he did pay a high personal price, wife left him and a mental breakdown due to the costs and stresses from the new product, it sold 600,000- units, about $1,000,000- profit for the Inventor after taxes.

This game is full of risks either way, by reducing your outlay, you will be closer to a profit every early when the royalties come in.

I know of Inventors who start with Patents and in the end have to Assign the Patent rights because it becomes to costly, due to the financial realities of new products.

Inventors also need to understand that it takes time to see your royalty return and you need to be patient, because of the time from License to market and minimum royalties or that type of stuff.
 
« Last Edit: 01-09-11 at 01:22 am by dtpater »
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Kaitlin

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Re: Looking to sell a provisional patent...
« Reply #17 on: 01-09-11 at 12:00 pm »

personally I am investing in domains as below to protect branding for my new products some info below.
Since the discussion seems to have wandered from patent to trademark, I think it's prudent to add a few comments about branding:

Be VERY WARY of plunging ahead to protect branding via domain name without first checking with a trademark attorney.  Just because you get approved for a domain name doesn't mean you're safe to use that domain name under the trademark laws.

There are many myths out there about what it means to brand a product. 

First, understand that your brand is your trademark, and the standard for infringement of trademarks is whether or not there will likely be consumer confusion between your brand and an existing one.  Also, trademarks do not have to be registered to exist, in the U.S.    So just because your proposed brand isn't registered as a trademark doesn't mean it's free to use.

Furthermore, trademarks do not have to be identical to infringe--just need to be similar enough to make confusion likely.  By the same token, brand names can be identical and not infringe, if the businesses are so different that relevant consumers aren't likely to think the products/services are from the same source.

And another important note re choice of brand name: Many people think it's advantageous to think up a clever name for their new product and use that both as the brand and the name of the product itself.  WRONG!  If the product is new, and there's no generic name for it, guess what happens to your clever name?  It can become the generic term for that product and LOSE it's ability to serve as a trademark.  ("Aspirin" used to be a brand name in the US owned by Bayer, now it's a generic term that any company can use.)

Before selecting a product name, a trademark, or a business name (trade name), hire a trademark attorney to consult or, if you can't afford one, spend some time reading and learning about trademarks.  Otherwise you risk wasting your time and money on a mark that won't fly or, worse, will involve you on the wrong end of an infringement suit.
« Last Edit: 01-09-11 at 12:07 pm by Kaitlin »
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This post is an off-the-cuff musing and should not be misconstrued as legal advice. THERE IS NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. Proper legal advice requires full disclosure of facts-not appropriate to a public forum-and attorney research time and effort which has not been expended here.

dtpater

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Re: Looking to sell a provisional patent...
« Reply #18 on: 01-09-11 at 03:35 pm »


Sorry I did not explain the Domain Brand better, and we do trademark searching and apply for trademarks

 ;)
« Last Edit: 01-09-11 at 03:45 pm by dtpater »
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