Patent not an option

Mikee386Mikee386 Posts: 1subscriber
edited January 2008 in Protecting Your Ideas
I came up with an excellent idea/product.  I wrote a patent application myself and submitted it.  It was denied.  I then hired a patent attorney to review the office action (denial) and resubmit.  Unfortunately he explained that there was a recent Supreme Court case that narrowed the idea of "Novel" and since my invention is the combination of two existing products, it was not very patentable.  
However, this is a really excellent idea.  So my question is; how good is my prospect of making the product and selling a bunch of them before someone else catches on?
 
-M

Comments

  • GrillCharmerGrillCharmer Posts: 7subscriber
    Hello Mikee386!
    This is just one gals opinion, but most of the products on the shelves are not patented (or at least patented anymore).  This is most certainly not the kiss of death by any means.  If someone actually does copy your idea, you must have a pretty good one and by the time they catch on, you will probably have a good business going.  Think of a really good name, trademark it, get to market first, and brand the heck out of yourself!  Kleenex is by no means the only tissue, Q-Tip isn`t the only cotton swab, very few companies actually go for very long without competition.  It`s the American way!  Don`t let fear of being copied stop you from pursing your passion.  You should be so lucky to have such a wildly successful and fantastic idea that someone else would want to copy you  Again, that`s just my humble little opinion.  Your other option would be to go to your death with a wonderful idea that didn`t make you or anyone else any money...
     
    Keep us posted!
  • Innovator7Innovator7 Posts: 9subscriber
    I know of at least two important cases where the patent attorneys blew the applications and they were unjustly rejected.  How do I know? They are my competitors and I looked at the file wrappers.
    There`re ways to write an application and to prosecute it that the "pros" are not capable because they`re more wordsmiths than creative people or inventors.
    As your application has already been rejected, you risk nothing by letting me have a look at the specification and claims.  As an inventor with too many patents and a business to run, my financial interest in your product is zero but I may be able to help.  Send me an PM and I`ll tell you who I`m if you haven`t figured it out by some researching yet.  It`s just a mind game for me.  But hey, no guarantee that I could do miracle.Innovator71/27/2008 4:45 AM
  • Mikee386Mikee386 Posts: 1subscriber

    Innovator7; I agree.  I really have nothing to lose at this point.  The office action deadline is Feb 7th (that is original deadline + 90 days) after which the patent becomes abandoned.  I will contact you directly, and if you would still like to review what I have, I will send it to you.



     




     

  • Innovator7Innovator7 Posts: 9subscriber
  • Mikee386Mikee386 Posts: 1subscriber
    Innovator7; Sorry, I was waiting on you to reply to the message I sent you this morning.  If you`ll send me a message to [email protected] then I`ll reply with the information.
     
    -Michael
     
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