The Intellectual Property Forum

Is it possible to find trustable patent attorney who would work in advance for share of royalties, or just to sell idea without patenting.

It's possible, particularly if the patent attorney is inexperienced and hasn't tried that already.  However, experienced patent attorneys realize that patents and investments are two entirely different things.  It's much better to find an investor to cover patent expenses -- leave investing to the professional investors.

Regards.

Plants are patentable in the US as well.  I have absolutely no experience with plant patents though, so I can't say much more about them.

Regards.

Or will JimIvey say that the CRM claim doesn't require all the code elements to be resident in memory at the same time? I would have to admit there is no temporal aspect to a CRM claim.

Nah, I won't go that far yet.  And, I'll admit that I wasn't sure how big the buffers would be.  But I do believe that such buffers are CRM; they're media and can be read by a computer. 

At the very least, the server is making a copy on the client.  To say that the server has no responsibility for what happens to the data once it leaves the server is to say I have no responsibility for a rock I've thrown once it leaves my hand.

As for nodes along the way, I guess I was thinking more about e-mail protocols that store and forward.  But, some inventions might be small enough for nodes to infringe too.  In fact, some of the technologies I work on can be implemented in a web page with some javascript -- just a few KB.

And, consider that McAgoo serializes each copy of SVirus Finder such that the .exe you download (assuming you use a crappy OS, sorry -- otherwise you wouldn't need a virus finder nearly as much and would just use a good open source one) is different from the .exe the another would download.  McAgoo would make a new copy, with a different serial number, for each download.

Lastly, isn't each sending of the SVirus Finder through the NIC for download a separate "use" of the master copy?  It's been a very long time since I've looked into that, but I think using a patented item for any purpose (even as just a doorstop) is impermissible use.  So, advertising availability of SVirus Finder, taking money, and allowing download of a copy is certainly availing McAgoo of the advantages provided by SVirus Finder.

Is this an act of "use" or "make" under Sect 271?  And which actor commits the act -- McAgoo? Or the content provider that McAgoo has contracted with to serve up its downloads? Or does it depend on whether the act is make vs use?

I believe it's at least a "use" for the reasons I gave above.  I think it's also a "make" -- at least on the client for the reasons I gave above.  And, if it's a "make", it's also a "sell".  In fact, I think it must be a "sell".  What are you paying for when you buy SVirus Finder?  You're paying to have a copy made by McAgoo or it's agent on your hard drive or some other persistent CRM.  If anything less happens such that you don't end up with your very own copy on some persistent (non-volatile) CRM, you'd demand your money back.  I don't see any reasonable argument that such is not a sale of a making.

As for McAgoo vs. content provider (host service?), I don't think McAgoo can contract away its liability.  It'd be like getting a postal carrier for patent infringement when an infringing device is shipped C.O.D.  It'd be way too easy for McAgoo to set up a corporation to handle all distribution and to funnel all profits back to McAgoo.  If the distribution corporation were the only infringer, damages would be limited to its assets and McAgoo could easily escape all liability.

Quote from: JimIvey on 05-23-13 at 01:27 pm

once I get CRM and/or system claims allowed, I can go back and get my method claims.  Since they're all being lumped together, 101 might be res judica (or at least treated like it) for the subsequent method claims. 

I know enough about res judicata to recognize it might be an issue here, but not nearly enough to opine on the answer.

CLS and similar opinions tend to start with the method claims, then say that the CRM and system claims are similar and therefore fail 101 for the same reasons.  What if I get the CRM claims allowed first?  Can I argue (persuasively) that the method claims are similar and therefore pass 101 for the same reasons?  I know the PTO doesn't feel bound by anything, let alone it's own decisions.  So, I don't expect the PTO to recognize any res judicata in any formal sense, but the way the law is evolving seems to support the reasoning.

Regards.

I didn't fill it in in my country before and especially will not after I left it.

Is contingency just has 'exceptional case' meaning, or kind of termin related to inter-state patent filling?
Will getting entry visa in other country, ie India, will be usefull for?

Your information is incorrect.
Plants, if novel and inventive and if not confined to one specific variety, are patentable. There are numerous examples of such patents.
A method for producing plants, if such a method only relates to normal breeding is not patentable (this is a so-called 'essentially biological process' and is excluded under Art. 53b EPC).

Fruit plants, e.g. tomatoes are patentable and currently the case whetehr a toamto plant that is obtained through normal breeding is patentable subject matter is pending before the Enlarged Board of Appeal (case G2/12, see http://documents.epo.org/projects/babylon/eponet.nsf/0/A66F2F3B869C5EFCC1257A15002A9A68/$File/g2_12_T1242_06.pdf

I thought they broke some of those files up, like separating the claims out from the main specification.  It seems that I tend to see claims by themselves in the "file wrapper" area.  But the spec and claims are often sent in together, as one PDF (at least that's what I was instructed to do by the patent advisors at the USPTO).  Maybe I haven't looked around Public Pair enough yet either. 

In IFW, individual documents are listed separately.  But, if you check multiple boxes, all the selected documents are downloaded as a single PDF.  If you select all, you download the entire history as a single PDF. 

Filing is different.  You identify individual documents.  If a single PDF represents multiple documents, there's a check box where you so indicate.  A form pops up to let you specify page ranges for each document in the single PDF.

In creating the PDF for my "marked up" version of the spec, for this response, I noticed that the maroon color I had set for "mark ups" came through to the PDF file.  But I want to make sure that PDF's sent to the USPTO should be only black and white...is that correct?  If so, then I need to change the color of the "mark ups/track changes" to black, right?  Thanks!

I'm not sure color in the specification is a problem.  I've filed documents in which URLs were automatically recognized and blue and underlined without any problems.  However, black is better. 

But the thing that really matters is that deleted text is struck through and added text is underlined.  That's in the rules.

Regards.

Finding a US patent attorney (based in the US) willing to work on contingency, let alone contingency with a non-US resident, is going to be much, much (much) harder than finding one that you can trust.

To improve your chances of success, you should try to find a US patent agent/attorney who is based in your own country. This way, any kind of contract/contingency/trust can be worked out in person and under the laws of your country. It will be easier for you and the attorney to arrive at some kind of deal.

Use this page, and select your country:

https://oedci.uspto.gov/OEDCI/query.jsp

Best of luck.

That is a good order to do it.

Best of luck.

Hello,

I have analogue circuit design, which has big marketing potential, as has many applications, and can make many existing technologies cheaper.
There is a lot of work for patent attorney here, to patent it properly or to patent many possible applications to achieve good profit from it.
I also think it is better to patent in US or other country with strong legislation.

The problem is that for me it is difficult to even get visa to that countries and I have very poor finances.

Is it possible to find trustable patent attorney who would work in advance for share of royalties, or just to sell idea without patenting.
What kind of NDA we should make before details disclosure, does it have any meaning, if made by email with foreign citizen?

I know that, at least in Europe, a plant, for example obtained by interbreeding, is not patentable.
However, I was wondering whether the fruit of such a plant can be patented in Europe?
Thank you for your answer.