About Patenting

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Comments

  • JanetFJanetF subscriber Posts: 4
    I do agree that it is "ideal" to learn to do things yourself. I do have the ability to do many things myself, but the way I see it is that I can`t be an expert at everything. If I spend all my time trying to be an expert at everything, I will miss the big picture. I`m not even going to attempt to be an expert at patenting or anything to do with law. I am not a law student - I`m actually a marketing student. I am reading up on the basics of patenting, but that is probably as far as I will go with it. I plan to focus my efforts and "do-it-myself" attitude on the marketing aspects since I have experience in that area.
    I truly believe that I have a winner of an idea and I don`t want to risk getting sued because I just had to be cheap and do the patent application myself. If I have to pay the lawyer with a credit card then I will. All my credit cards have 0% interest for at least a year anyway.  On the bright side, GrillCharmer (Leslie) might be able to refer me to the patent attorney she used. The price is VERY reasonable and I will be willing to spend it if it is indeed the price she told me she paid.
    I do change my own oil, though.  Fully synthetic oil even! JanetF2007-5-25 15:3:14
  • Innovator7Innovator7 subscriber Posts: 9
    Experienced inventors put their resources on sales&marketing first - see Inventnet.com for different articles.  When one starts with a patent application the clock will start ticking.  Therefore it`s usually best to start with a provisional patent application (pro se is a good option) to establish priority date at $100, or to have one`s invention witnessed @ zero dollar.A shoe design can be "protected" by design patent, utility patent or copyright (for its look).  The best protection is market success.  Once a product sells, there`s money to hire all kinds of experts, and then there`s the brand name which is worth a lot in consumer products.A patent attorney is useful for litigation. Patent search can be done by patent agents who may even have an assistant doing it for him/her.  A useful hint: do patent search by classification.  That`s what I do all the times.
  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    Once a product sells, it`s too late for foreign patent protection and usually too late for US patent protection if we are talking significant sales. 
  • JanetFJanetF subscriber Posts: 4
    Yes I was planning on doing the provisional patent application. I guess I should have mentioned that.
  • JanetFJanetF subscriber Posts: 4
    Once a product sells, it`s too late for foreign patent protection and usually too late for US patent protection if we are talking significant sales. 
    Agreed.
  • drvagdrvag subscriber Posts: 5
    Innovator, Just to be clear on your advice on filing "provisional patent application".
    There`s no such thing as a "provisional patent" -- only a provisional application.  The distinction is crucial -- an application gives one absolutely no rights to exclude others from making, selling, or importing an invention.  A provisional application does allow you to postpone filing of a real patent application by up to 12 months -- but only if the provisional application describes your invention at least as fully as a non-provisional application would.  There is absolutely no relaxed standard for provisional applications relative to real applications.  So, unless your provisional application meets the legal standard for a real application, it doesn`t even buy you the 12 months.  And, you won`t know it`s not good enough until it`s too late to do anything about it.
    I`m no patent attorney, so if I am in-correct, I`m sure a "real" patent attorney will correct me.
     
     drvag2007-5-25 22:33:45
  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    that is well put.  there are a lot of myths about provisionals out there - including it`s ok to do a provisional yourself, then have the lawyer do the "real" utility application later if there are enough sales.  The lawyer CAN`T fix problems in the provisional - nobody can. patentandtrademark2007-5-26 6:9:1
  • JanetFJanetF subscriber Posts: 4
    I am SO glad I`m finding this out now...
  • Innovator7Innovator7 subscriber Posts: 9
    that is well put.  there are a lot of myths about provisionals out there - including it`s ok to do a provisional yourself, then have the lawyer to the "real" utility application later is there are enough sales.  The lawyer CAN`T fix problems in the provisional - nobody can.No disagreement from yours truly.  I never mentioned provisional patent in all my posts (@drvag).To me, drafting the PPA is when I do the real inventing.  That`s when one has the need and opportunity to figure out the essence of the invention.  Non-inventors can hardly do that.  Patent pros are wordsmiths.  They craft claims but can hardly craft the invention.  Lemelson was a big exception.  He was a patent agent turned IP generator.  I worked with many seasoned patent attorneys in the past.  They always came to me for the technical details.  On the other hand I learned from their patent litigation experience.Another example is most of my inventions involve topology and topological manipulation of electronic circuits.  Very few engineers and mathematicians know in depth about topology, leave alone patent pros.  Thus these can`t possibly figure out the topological essence of my inventions.Bottom line: knowledge is power. Learn as much as one can.
  • Innovator7Innovator7 subscriber Posts: 9
    Just to clarify, I didn`t elaborate many points on purpose, lest I spoil the pleasure of learning from some.  Marketing is not selling.  Public disclosure (via academic papers) and sales (retail) are different from marketing the product concept (embodiment of the invention) to companies or investors, so that one can get funded and get the ball rolling.To say "I invent a new energy-restoring shoe" is different from disclosing "I claim a shoe comprising a sole made of energy-absorbing material, a xxxx for transfering a chemical from the hoof to the skin, etc....."
  • drvagdrvag subscriber Posts: 5
    When one starts with a patent application the clock will start ticking.  Therefore it`s usually best to start with a provisional patent application (pro se is a good option) to establish priority date at $100, or to have one`s invention witnessed @ zero dollar. 
    Innovator7, most people do not understand anything about patent law, that if they attempted it, they could likely ruin their ONE AND ONLY shot.  I know enough to be dangerous so I would never attempt it.  I do what my strengths are and this ain`t it.  I do however agree with you that one should educate themselves and try to understand as much as possible.
    I`m glad you`re having success.  Thanks for the debate!
     
     drvag2007-5-25 21:37:56
  • drvagdrvag subscriber Posts: 5
    Hi Janet. On a local news show here this morning they did a segment on a new type of shoe.  Wished I would`ve been involved with this idea.  I thought it was a pretty good one.  Although, not being a woman myself, what do I know.
    I thought of your post and thought I would share it with you.  Hope this isn`t yours.  You can see it at www.onesole.com</A>
    Best of success with yours.
     
     
  • JanetFJanetF subscriber Posts: 4
     Nope it isn`t mine, but it IS a good idea. You scared me there for a second...
    Here is another awesome shoe I ran into lately. I saw it when browsing through SkyMall magazine on an airplane. http://www.earth.us/index.asp</A> Apparently these have been around since the 70`s, but I`ve never heard of them until now.
  • ReesecupReesecup subscriber Posts: 0
    Have you heard anything negative about Invention Home? They are registered in good standing with the Better Business Bureau.
    How reliable is the Better Business Bureau regarding the integrity of companies?
    Is there anyone out there who has had success with these companies?
  • Innovator7Innovator7 subscriber Posts: 9
    The best proof is whether Invention Home ask for up front money or not.I would only work with invention-related companies that take a cut of the resulted profit.  I`m still looking for one of those.
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