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Author Topic: I have an invention that is selling really well. Any IP lawyer/agent want in?  (Read 562 times)

fortiz303

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Hello all!

I have a product that (I thought) was new to the market. It's been less than a year since I disclosed it to the public, and the product has sold EXTREMELY well with no competitors- BUT the problem is that the one year window to file the patent will close soon (another 3 more months) and I want to make the move now before it's too late.

The invention was discovered in the 70's although the inventor never placed the product on the market. What I am seeking now is somebody who is going to law school, somebody who is familiar with the patenting process or a patenting lawyer who would be open to an equity split of the product.

I would love to discuss this with you further if it is of any interest to you and mods, if this is not placed in the right place, please let me know.

Best!
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memekit

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I'm a pro se applicant but...from what I've heard...
If it was invented in the 1970s, that's prior art, and you cannot claim it as novel/useful/enabled...the novel part will fail.
Even if it's a version of the 1970s form you'd have to overcome inherency.
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still_learnin

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Hello all!

I have a product that (I thought) was new to the market. It's been less than a year since I disclosed it to the public, and the product has sold EXTREMELY well with no competitors- BUT the problem is that the one year window to file the patent will close soon (another 3 more months) and I want to make the move now before it's too late.

The invention was discovered in the 70's although the inventor never placed the product on the market.

If the invention was known to the public in the 1970's, then it's too late to obtain a patent on the invention.

Also, it's not clear that you invented anything, and if that's the case then you can't apply for a patent regardless of the timing.
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The above is not legal advice, and my participation in discussions on this forum does not create an attorney-client relationship.

Toot Aps Esroh

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Agree with above.  Now, if the inventor invented it in the 1970s but kept it secret all that time, then provided you (nowadays) the secret in some sort of confidential business relationship, the inventor may be able to file for patent application.
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EvilLost

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Hello all!

I have a product that (I thought) was new to the market. It's been less than a year since I disclosed it to the public, and the product has sold EXTREMELY well with no competitors- BUT the problem is that the one year window to file the patent will close soon (another 3 more months) and I want to make the move now before it's too late.

The invention was discovered in the 70's although the inventor never placed the product on the market. What I am seeking now is somebody who is going to law school, somebody who is familiar with the patenting process or a patenting lawyer who would be open to an equity split of the product.

I would love to discuss this with you further if it is of any interest to you and mods, if this is not placed in the right place, please let me know.

Best!

1) The POST-AIA 1-year grace period is quite different (and much more limited) than the pre-AIA grace period. I strongly advise all clients against relying on this.
2) The 1-year grace period in the US is only for the US. You have probably already precluded yourself from getting EU patent protection (assuming this is patentable at all).

For example, in the EU you have only a 6 month grace period and only if it is the result of abuse or display at a recognized trade fair (see EPC Art 55 http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar55.html).

I'd appreciate if someone with more EU experience could confirm my understanding here: specifically, what if the US application is allowable (under the US grace period), and a subsequent EU application seeks PPH? I assume the EU application is PPH eligible, but would still be rejected because the public presentation, although not prior art under US law, would be prior art under EU law.

3) Others have already commented on patentability issues based on a 1970s discovery (and whether you are even an inventor). This is fact specific, but unless you have provided some kind of improvement....otherwise the public knowledge from the 1970s will be prior art against your patent application.
« Last Edit: 07-20-18 at 01:06 pm by EvilLost »
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bartmans

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Quote
I'd appreciate if someone with more EU experience could confirm my understanding here: specifically, what if the US application is allowable (under the US grace period), and a subsequent EU application seeks PPH?

Your understanding is correct. PPH does not autmatically mean that what is patentable in one country would automatically also be granted a patent in another jurisdiction (think e.g. of patent eligibility considerations).

Further, you quote Art. 55 EPC as a limited 6-month grace period. Although this is formally correct, you should realize that the cases that would fall under Art. 55 are exceptional. Even the 'abuse' publications are only excused if the publication was made with an intent to harm the applicant or if it is a clear breach of confidentiality. It is safer to say (and probably in more than 99% of the cases correct) that the EPC does not recognize any grace period.
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