zxcvb1234

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  • in reply to: Patents and licensing #753068
    zxcvb1234
    Member

    A Patent grants the right to exclude others from making, using, offering for sale or selling the invention throughout the United States or importing the invention into the United States. If you want protection in other countries, you have to file in other countries. You can file a PCT application, which allows you to file in one country and then pick countries that you would also like rights in. This delays some of the costs; however, you will still have to prosecute the patent in those countries if you want protection. You can pick and chose countries (ie pick the ones that would most likely infringe) but if you want protection, you need to actual get the protection.

    in reply to: Patents and licensing #753064
    zxcvb1234
    Member

    I meant 60,000s means newer attorneys or agents.

    in reply to: Patents and licensing #753062
    zxcvb1234
    Member

    Here is another idea. Google has a lot of patents. http://www.google.com/patents (Moderators, I know that you don’t post links, but if you can’t post this, then just post Google Patents). Obviously, I would not rely on this as a search, but you can search google for keywords that have to do with your invention to get a sense of inventions already out there. Again, I would not rely on this as your only search. There are many more things that you have to look for.

    You can also find a list of agents and attorneys by searching: https://oedci.uspto.gov/OEDCI/query.jsp (or if Moderators do not let that link go through type patent agents into google and click on the first link (should be the OED of the USPTO)). The higher registration numbers (60,000s mean newer attorneys are agents). Some of the lower numbers may have retired. Maybe finding a 40 or 50,000 registeration number would be good. You can also search by geographical area.

    in reply to: Patents and licensing #753060
    zxcvb1234
    Member

    Tons of patents are modifications of other devices/inventions. It is very rare to have a truly new invention. Without knowing the invention (and I do not advise you to disclose it to the coffee room), I can’t really tell you if it is obvious or not. The one nice thing about obviousness is hindsight is impermissible. Yes, it may be obvious after you see it, but the point is that it has to be obivious at the time of the invention given the state of the art at that time. Also, you can use secondary considerations to argue against a finding of obviousness: things like the (1) The invention’s commercial success, (2) Long felt but unresolved needs, and (3) The failure of others might apply in this case.

    My recommendation would be to go to an attorney or patent agent. The difference between an attorney and an agent is that an attorney has a law degree. A patent agent is someone who took the patent bar and can prosecute patents before the USPTO. They are functionally equivalent and there is no distinction when you are prosecuting (ie getting) a patent. The only difference is the agent cannot represent you in litigation (ie in a court). Since an agent does not have a law degree, he is probably going to be cheaper.

    in reply to: Patents and licensing #753057
    zxcvb1234
    Member

    For something to be patentable, you have to have your application approved by the patent office (USPTO). To do this, you need to use a registered patent attorney or agent. I’m assuming rates are approximately a few thousand dollars; however, maybe if you can find an agent (who is not a lawyer), it might be cheaper. Nobody is going to be out to invalidate your patent now. What you have to do is convince the patent examiner that your application should be allowed (ie approved). The patent examiner will conduct searches and see if your invention is patentable subject matter (35 USC 101), if anything is out there that anticipates your invention (35 USC 102), or if your invention is obvious (35 USC 103). As Homeowner discussed, there are many cases out there that elucidate these standards. For something to be patentable, it has to be patentable subject matter. Since it sounds like you made an appartus (some kind of machine), then you shouldn’t have to worry about it. Anticipation is complicated, but basically you (meaning your patent agent) should conduct a search to make sure there are no patents or publications out there that disclose your invention. There are other things that might disqualify you under teh statute, such as public use, sale, etc. You don’t have to conduct a search before submitting an application, but is a very good idea, as patent applications are expensive. You also will need to make sure it is not obvious. There are also many court decisions on this: including KSR. However, the basic idea is that someone who is ordinary skill in your art (ie inventing simple household inventions) would not think it was obvious based on other inventions. While filing your patent, the main thing you have to do (or your patent agent has to do) is to convince the examiner that these sections do not apply and write up the patent in such as way that it is enabled. The only way companies get involved is if they chose to infringe your patent and then you chose to sue them or if they initiate a reexamination of your patent. Assuming you don’t have an invention worth millions, these scenarios are not likely.

    You can probably use the internet to find patent agents/attorneys. You do need one if you chose to pursue a patent.

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