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 on: Today at 12:45 am 
Started by sunwoosj - Last post by r0lf3cbn
You don't see a lot of pure chemistry openings because Technology Center 1600 (biotech and chemistry) has the fewest people of all the tech centers that handle utility patents. The design patent tech center has even fewer. I wouldn't say it's a crap shoot but the wait is longer.

 on: Yesterday at 11:36 pm 
Started by fb - Last post by fb
The situation is (a).

I did not think about claiming priority to #1. After all, it's been over a year. But I must have been thinking about other inventors, in which case this would have mattered.

 on: Yesterday at 06:57 pm 
Started by hokieExpress - Last post by mbison
I've seen people have success emphasizing work or research experience in more relevant areas when their degree name is not one of the ones typically considered for patent law hiring.

 on: Yesterday at 04:27 pm 
Started by hokieExpress - Last post by Confused Engineer
Yea, thats really what I am finding. Kinda sucks and wish I had known this tidbit while an undergrad

Ah, but when you decided to major in aerospace engineering, did you intend on going into patent law, rather than working as an aerospace engineer?  I personally haven't met anyone who got a degree in science or engineering with the express intent of becoming a patent agent or patent attorney.  Usually they became disenchanted with their original career path for some reason and patent law was Plan B.

I'm assuming during a job interview, when they ask you why you want to be a patent agent, saying that you became disenchanted with scientific research or engineering and this is plan B doesn't go over very well. 

For the few interviews I've had I always said that while doing lab work I enjoyed the part where you research and read about the science much more than toiling away with manual labor in the lab.  This is the best I could come up with, which is actually true.

I added a second major in EE toward the end of undergrad specifically to go into patent law. Found out about patent law around that time and realized my other major wasn't technical enough to likely get a job as it combined engineering and business (think industrial engineering). The good news was that major gave me a solid tech foundation and the EE major only took an extra year and a half.

I didn't say I added the major specifically for patent law in interviews. Had a similar answer to yours saying I enjoyed reading/learning/solving problems about the tech rather than design/lab work. Wasn't sure if that was a good answer but it was true for me as well.

 on: Yesterday at 03:25 am 
Started by drMidday - Last post by kevradfml
Yes, this forum is really great for its independent discussion on patent law. Hope you might get help from this forum

 on: 01-16-17 at 10:07 pm 
Started by bleedingpen - Last post by mbison
We have some clients with your billing ranges.  For those application rates, we typically get fairly detailed write-ups from inventors with figures and often even sketeched out claims.  For other clients where we have to do more of the legwork, we typically are charging more like $9K-$12K for applications.  We generally cut a lot more time on applications than OA responses.   

 on: 01-16-17 at 06:08 pm 
Started by bleedingpen - Last post by inventurous
Those numbers look low on the apps and borderline high on the responses. Also, billing 50%+ of the cost of drafting the application for a single response just doesn't sound right.

 on: 01-16-17 at 05:52 pm 
Started by fb - Last post by JV
If inventor filed Invention #1 more than a year ago but it has not published, and now has Invention #2 which is patentably distinct but somewhat obvious over #1, can #2 be filed by itself without needing to do a CIP ?
Yes, assuming that we are dealing with post-AIA and that either:
a) the second application does not include any inventors that are not in the first application OR
b) the same entity owns both application. 

If a) is true, then Invention #1 will not, when it eventually does publish, meet the requirements of prior art under 102(a)(2).  If b) is true, then even if Invention #1 does meet the requirements of 102(a)(2), the exception under 102(b)(2)(C) will apply to prevent Invention#1 from being considered prior art.

The tradeoff in claiming priority is the loss of some patent term in Invention #2 vs. the risk of intervening prior art between the filing dates of the two applications. 

 on: 01-16-17 at 03:16 pm 
Started by JEH4859 - Last post by Robert K S

Under 2-106 of the Uniform Commercial Code, a "sale" consists in the passing of title from the seller to the buyer for a price.

That "price" doesn't have to be money.  It can be anything the buyer agrees to give up.

Suppose I drove over my neighbor's driveway a few days ago.  Now my neighbor comes to me and says that now his driveway is cracked, and that I have to pay him for it, because my driving over it caused it to crack.  Suppose I disagree.  Maybe the driveway was cracked before I drove over it, or maybe it became cracked for some other reason after I drove over it.  Freeze-thaw cycle, the act of another driver, my neighbor's own car did it, etc.  Whatever the case, the neighbor may have a colorable claim to sue me for the damage he alleges.  Because I don't want the hassle of a lawsuit, I propose to settle the controversy by offering him a potted fruit tree in my possession that I know he's had his eye on.  In exchange, he agrees not to sue me over the driveway damage.

In the above example, a contract is made and a sale has taken place.  Title of the fruit tree has passed from me (seller) to neighbor (buyer).  The agreed-upon price was his relinquishing of his right to sue me.

Suppose, however, that instead of accepting my proposed settlement agreement, my neighbor indeed sues me, proves (somehow) that I damaged his driveway, and obtains a judgment in a court of law against me for the proven damages.  Suppose further that because my neighbor proves in court that I have no money to pay the damages, he gets the court to order me to hand over my fruit tree to him as compensation for the damaged driveway.  (This would be highly unlikely in real life, but just go along with it for the sake of example.)  After I have exhausted or waived all avenues for appeal, I give him the fruit tree.  Is this a sale?  No, because there has been no consideration from neighbor to me in exchange for the tree.  I owed him a legal debt, and paid it.  There was no contract between neighbor and I.  Neighbor did not have to give up any price--including any right he may have had--to get the tree from me.  This has consequences under contract law.  If the tree is defective--doesn't bear fruit or whatever--he can't sue me under a warranty theory, for example.

Lawyers go to law school and pass bar exams in order to understand consideration and similar concepts.  If you believe your rights as a patent owner have been infringed, the best advice anyone can give you is to see an attorney.  That you are not familiar with the basic legal concepts at issue is a signal that you are ill-equipped to help yourself in this situation.

 on: 01-16-17 at 03:07 pm 
Started by JEH4859 - Last post by MYK
It doesn't matter if he takes money, property, or services.  He is exchanging the infringing product for something of value.  Also, he is making the infringing product, or importing the infringing product.  So no, there is no "loophole" in what he is doing -- assuming that the product really does infringe in the first place, and his activities are taking place in the country that issued the patent to you.

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