The Intellectual Property Forum

I guess I was a little confused in the patent docs because there is not a specific heading for "claims" as I seem to recall is pretty typical. 

Also, you did not really answer my question, would example above be "folding" as the key word regardless of "how" it folds?  I think I can come up with multiple examples where this would not really hold up as infringement but I could probably see it from both sides of the fence. 

I thought I might ask this OT question here because many here are attorneys and might have a just opinion on this matter. 

IN a nutshell, we have a property that we put up for auction and if it did not sell, the realty company lists it in the MLS.  During the auction, a neighbor comes over and tells the auction co that the whole place floods which is inaccurate.  The realty co blabs this to a "3" people that showed up for the auction.  The bid went to about 50% of FMV.  We did not sell and told the auction co NOT to list it until we address any drainage concerns due to any legal ramifications.  We later learn that the realty co lied to us in how long their contract was.  They said 90 days and it is actually 90 days "after" the auction "plus" the time before the auction, "plus" a 90 day protection period after the contract end...  I blame myself for not reading closer....

I have already asked for and received a contract termination with language that the "seller wants to fix drainage and NOT sell outside the terms of the agreement".  Honestly, the way I read it, they are not terminating anything, they are trying to baffle me with BS...

The term of the contract is up in late Nov and I planned to repair drainage issues on the property and relist as FSBO at that time.  I am concerned these guys will just come back and try to claim 6%.  I do not feel shady in what I am doing because the realty co has done us no favors and keep telling us the place IS worth 50% of FMV when I have people wanting to give me full FMV for it, but I cannot do the deal because of this stupid realty contract..  I have not advertised the property though and have told people it is NOT for sale at this time.. 

I want to fix some drainage issues, then list as FSBO but concerned these guys will want something for nothing...  Thoughts?

Guess your language to me did not clearly identify that the notch may need to be replaced with something else in another assembly to do it's job.  I am worried that some guys is going to say, " you use a notch, I use a bolt, so I am not infringing".  The notch it actually irrelevant anyway because the other features of the part are what define the innovative design. 

I am working on a draft for a provisional patent.  Per recommendations here and books, I am trying to put as much into the provisional as possible regarding details.  My invention is used in the automotive industry and the drawing is specific to only one design or one engine.  The part must be adapted to each engine.  Basically a certain notch or hole may be needed for one engine and not another.  I guess similar to considering a pulley patent in which the bore size of the shaft may need to be a different size or pitch to accommodate different applications.  Can this type of problem be worded in a manor to recognize the feature in the drawing but then go on to mention the feature is only for one application or what?  Hopefully I made sense here. 


Basically, "#9 depicts a notch in the outer aperture to fixate the component and resist rotation once affixed in the assembly, the notch may be replaced by other means of fixating the outer aperture to resist rotation once affixed."  Something to that affect.  I am just curious how you guys might word something like this? 

Thanks for the replied guys.  We will move forward with patenting ourselves.  Mostly because I want the experience under my belt, I need to know the laws if I were to have to deal with litigation later, and my first patent is not made of gold I do not believe.  We are a manufacturer so all R&D, and fab work will be kept here. 

I can appreciate the push to hire a patent atty and if we were a large corporation, I might do that.  Being an engineer, I really feel by learning to write my own technical patents could be a very useful tool in the future.  If I maintain my "small fry" status, I would seek to litigate my own suits as well.  Probably seems rather dumb for other attorney's but if I am ever in the scenario mentioned above and have no funds to litigate, I need to represent myself to better protect what is rightfully mine. 

I have heard 100s of times about large companies bulldozing small patent holders based solely on fund resources.  They know they can drag them (their atty) through court until the money runs out.  Then the atty moves on to the next guy with money and the patent holder is left with nothing.  That is really not justice if you ask me.  I only seek to accept my pro-se right and keep the ball in play. 

I probably come off rather dumb but I promise, I am learning.  Last month, I did not even know how to contact the patent office..... 



I did not get any clarification on the 18mo rule above.  Do I understand it correctly that one can claim compensation up to 18mo back from when the patent issues as long as an infringer is notified in writing that they are in violation? 

Per my previous posts, I am looking to file a patent.  I want to file a PPA at near the same time as commercialize my invention.  I would like to better understand the Foreign laws.  Do I still have 1 year from my PPA filing to file for a foreign RPA patent? 

I would also like to better understand the "18mo rule" as I am expecting someone to step in my idea and I will have to act swiftly to send a certified letter of acknowledgment that the idea is under PPA and will infringe.  I would also like to be able to legally say that once the patent issues, I may wish to sue for royalties after the date of letter. 

My invention is far from a multi million dollar part but will not do me much good once others have made copies of it. 


Also, I would like to learn the laws regarding labeling an item "patented" when it is not?  I know of one right off.  Does it just take a call to the PTO, and you end up in sudden legal troubles? 

Per my other posts, we would like to file for a utility patent for a product.  The product is basically a combination of two other patented ideas.  One of which is already expired, and the other patent has been abandoned.  Despite the one patent not totally being expired yet, we feel our design offers enough innovation and improvement to be granted a new patent and should not infringe upon other patents. 

Our plan right now is to file provisional patent app so as to get our idea on the books and hopefully block others from at least being able to patent our product.  We understand this will not prevent anyone from duplicating our products but hoping the "patent pending" wording ALL OVER the packaging would help deter the honest ones.  We plan to manufacture our product and market it by spring.  If the item proves a good seller and other configurations of the product are needed, indicating success, we would file for an non-provisional app within one year. 

The plan is to file for the patent by ourselves, without a lawyer.  We have deal with other legal matters on a solo basis and proved we can generally get the job done.  We would like the experience because it will be much easier for us to do this than a lawyer that does not know our product and also to learn the methods for any future patents. 

We want to file for our provisional soon but do not have any idea what is entailed in that just yet.  maybe I could put that more in the form of a question? I have one book coming  called "Patent Yourself".  I do not have a book yet on provisionals yet but plan to. 


So does this plan seem viable? 

What glitches can I expect when/if we apply for a non-provisional? 

Is it just normal for the examiner to kick out an app and you have to appeal and support your claim? 

I was just curious if one was asking about certain patents, does all this get logged or whatnot?  Why do they want a full name and number?