Can Physics Forums Help with Patent Infringement Issues?

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Discussion Overview

The discussion revolves around the complexities and challenges of the patenting process, particularly in relation to experiences of patent infringement. Participants explore the legal implications of patents, the necessity of hiring attorneys, and the potential pitfalls of relying on informal advice from non-lawyers.

Discussion Character

  • Debate/contested
  • Technical explanation
  • Conceptual clarification

Main Points Raised

  • One participant shares a story about an individual who faced issues with patent infringement after filing a patent, suggesting that companies copied his work without compensation.
  • Some participants argue that legal advice from qualified attorneys is essential, emphasizing that scientists should not provide legal opinions due to potential liability.
  • It is noted that a patent only provides grounds for a lawsuit and that the process of obtaining a patent involves filing an application that may or may not be granted.
  • Participants discuss the high costs associated with pursuing patent infringement cases, including potential legal fees and the financial viability of taking a case to court.
  • Concerns are raised about the possibility of scams related to patenting, with some participants suggesting that the individual may be setting up for a scam.
  • There is a caution against overly broad or narrow patent applications, highlighting the importance of strategic filing for effective protection.

Areas of Agreement / Disagreement

Participants generally agree on the necessity of hiring a lawyer for patent-related issues, but there is disagreement regarding the implications of the individual's story and the potential for scams. The discussion remains unresolved regarding the best approach for the individual seeking help.

Contextual Notes

Participants express uncertainty about the legal process and the effectiveness of patents in protecting intellectual property, noting that patent protection is jurisdiction-specific and may not cover international infringements.

hagopbul
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Hello :

i created a thread here a few weeks ago about or better say related to patenting , i start after that to look up the process on the internet and meet some one online who had a very bad experience with US patenting system , he claims after he filed the patent , some companies like apple , sun ,... etc copied his patent and did not compensate him or some thing like that .

after hearing his sad story i wondered that maybe he can find some helping hand from physics forums as they are also interested in patentingBest Regards
Hagop

[Moderator's note: edited to remove contact information.]
 
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Even assuming everything you say this person claims is true, he needs an attorney, not scientists moonlighting as attorneys.
 
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All a patent gives you is grounds for a lawsuit. If your case is strong enough you can hope to get a lawyer on contingency.
 
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scientists also knows a lot of patent troubleshooting , know good lawyers , and even have very good experience filling them , some would know because of experience a lot of cases that new patent applicant may benefit from ... etc
 
Hornbein said:
All a patent gives you is grounds for a lawsuit. If your case is strong enough you can hope to get a lawyer on contingency.
...and you might be able to find one to review the case for free or for a few hours consulting.
 
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russ_watters said:
...and you might be able to find one to review the case for free or for a few hours consulting.
Um Russ...are you out of your mind? :wink:

There is no way I would, as a scientist and non-lawyer render a legal opinion. Not only is there a huge potential for liability, not only am I not remotely qualified, why do I want to open the door to a parade of inventors and wanna-be inventors who want my time (for free).?

If he wants legal advice - and I think he does - he shpouldn't mess around. He should hire a lawyer and be prepared to pay for it.
 
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hagopbul said:
he claims after he filed the patent , some companies like apple , sun ,... etc copied his patent and did not compensate him or some thing like that .
I have had a number of conversations with patent attorneys on exactly this subject. A person does not "file a patent", they file a patent application. That application goes through a review process, after which a patent may or may not issue. Patent protection starts when a patent issues. Patent protection only applies in the country in which the patent issues. A US patent does not protect against a European company making and selling the product in Europe.

One of my patents was infringed on twice. In both cases, our patent attorney wrote a cease and desist letter, after which the infringement stopped. In both cases, the patent attorney warned us that if we had to take the case to court, we should budget $1,000,000 for the case. The patent would need to be worth several times that much for a qualified patent attorney to be willing to take the case on a contingency basis.

It may be possible to get an initial consultation with a patent attorney at no or minimal cost. After that, expect that a qualified attorney will have an hourly rate on the order of $500 per hour. Or more.
 
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Vanadium 50 said:
Um Russ...are you out of your mind? :wink:

There is no way I would, as a scientist adn non-lawyer render a legal opinion.
Lawyer! Paid! That's what I was responding to!
 
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I think it's time to take the advice of that great mind of the 20th century, Chico Marx. "If you got trouble, the first thing you need is to get a lawyer. Then you got more trouble, but at least you got a lawyer."
 
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  • #10
Thread closed temporarily for Moderation...

Thread reopened.
 
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hagopbul said:
i start after that to look up the process on the internet and meet some one online who had a very bad experience with US patenting system , he claims after he filed the patent , some companies like apple , sun ,... etc copied his patent and did not compensate him or some thing like that .
Sounds like he is setting you up for a scam...

hagopbul said:
after hearing his sad story i wondered that maybe he can find some helping hand from physics forums as they are also interested in patenting
Sure. He/she can join PF and post reasonable questions. If they try to scam us, we are happy to deal with that too. :wink:
 
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  • #12
berkeman said:
Sounds like he is setting you up for a scam..
I agree.

@jrmichler wrote a good message. A patent is a license to sue if it is infringed. Actually getting money out of it is non-trivial and not guaranteed.

Applying for a a patent can benefit from advice. You don't want it too broad ("I wish to patent an idea called a 'machine'") or so narrow that it can be infringed by making a trivial change ("But this one is blue!") As mentioned, you need to know where to file it if you want worldwide protection.

Finally, your description sounds a lot like a perpetual motion machine. A LOT.
 
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  • #13
can i post his personal page ?
no not a perpetual motion at all if you read in the post his domain is related to computer science
 
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