Need a Patent Attorney

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Evo

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It's not "someone." There are companies out there which are patent holding companies that consist of patents and some lawyers and they go an basically try to shakedown big companies for money. You aren't going to be able to do this unless you have several dozen patents and a team of lawyers.
Actually, it was a tiny unknown company and it was some small thing, and Blackberry dismissed it, thinking that they had no chance. The tiny company won.

I guess I will have to dig it up.
 

Astronuc

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Lawyers cost money. I am pretty sure that the big corporation will not hire lawyers if that demands more money than just buying my patent from me.

Patent Office itself looks for the prior art.
One's application should include a review of prior art. Please read a patent in the class of one's invention.

The Patent Office will not do your work for you. They look to see if it has been done before, if it infringes on existing patents, meets the three criteria, and is technically sound.
 

chemisttree

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Sounds like you need to swim in the http://abc.go.com/shows/shark-tank/" [Broken]

I had a patent atty that wanted to help me develop my various ideas for a piece of the action. I don't use him anymore... too many chances to blow up my life. In my experience it helps to have a patent track record and products in market to entice a patent atty to do this with you. Still, it is an explosive mix of entrepreneurship and ego. I'd avoid it at all costs.
 
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I am not arguing that i don't need a lawyer.
I am getting one.
The way it works is: provisional patenting ->marketing ->hiring a lawyer and getting a full patent.

Requirements for provisional patents are pretty low compared to full patents.

Prior art is essential for filing a full patent.
Caveman, it's easy to see that you are a great believer in the power of the Patent. Many people think that once they get a Patent their worries are over. I have quite a few Patents. Most of my Patents are machine related. The average time it took to get a Patent was from 3 to 4 years. My last Patent was issued in the 1970's and the cost was about $7K.

Now the part you don't want to hear.

Only one of my Patents had any real value. It involved a plastic packaging concept and another company decided to manufacture and sell products that infringed on my Patent. My Patent had been assigned to the company I was working for. I called my Patent Attorney and told him of the situation. The Attorney's made lots of money (about $50 per page) arguing by registered mail. After about a year of that, we ended up in Federal Court. My Patent was very strong and the Judge (Judge Kennedy now on the U.S. Supreme Court) said that the infringement was clear to her and we could not waste her time with this matter. She told the lawyers to go in the other room and prepare the necessary papers that would admit fault and promise not to do it again. Each side was represented by 3 lawyers that day. The company I was working for paid the Patent Attorney fees and I never saw how much $$$$$$ was involved.

My Patent had been "Tested" in Federal Court. My Patent now had a real value on the open market.

There are two types of Patents. Broad Coverage and narrow Coverage. Narrow coverage is easy to get and usually not worth getting. Somebody copies your invention and makes a few slight changes and you can't do anything to stop what is happening. Broad Coverage is the best, and most difficult to get. If you have Broad Coverage for your invention, AND a good Patent Attorney, you have a pretty good chance of "defending" your Patent in Court.

About 20 years ago, I had a meeting with my Patent Attorney regarding a deposition. While we were waiting for something I asked him. "What's the standard fee for defending a Patent these days?" After I reminded him of how much business we had done over the years and I thought he could answer my question, he finally said "If it goes to Court, plan on starting around $100K"

IF you manage to get a Patent, it is very unlikely that anybody will pay anything for it unless it has been "tested". If you do not defend your Patent in Federal Court, the whole effort will have been for nothing.
 

chemisttree

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Wow. What are the odds that someone would resurrect a thread exactly 1 year to the date of the last posting?
 

lisab

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Wow. What are the odds that someone would resurrect a thread exactly 1 year to the date of the last posting?
It's not exactly 1 year in my time zone :tongue2:.
 
I read a lot. I write very little. I have seen the topic of Patents discussed many times over the years. It's obvious that very few people have any first hand experience with Patents. I expect that the author of this thread has long since moved on, however there are many others who have interest in the subject matter. The Patent Office has transferred enforcement (which includes authentication) over to the Federal Court System. For at least the past 20 years, Patents are considered less than valid until they are "tested" in Court. If somebody has a really good (high value) Patent, it's possible for somebody else to simply outspend them with attorney fees until the owner of the Patent just gives up. Most people, when confronted with the facts, are far less thrilled with the prospect of getting their very own patent.
 

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