My head hurts from reading this thread.
My head hurts from reading this thread.
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Bradley SaintJohn
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"Call unto me, and I will answer thee, and show you great and mighty things . . ." Jeremiah 33:3
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There is currently pending a change in US Patent law to make us a "first to file" jurisdiction.
I actually practice law, but NOT PATENT LAW, which is a recognized specialty. So any advice I give you is worth every penny you pay for it.
Even if you do obtain a patent, you might still find yourself out in the cold if someone with more re$ource$ makes an improvement and then gets a patent on the improved product.
I suggest you talk to Dutch and see what he is doing to protect his ideas. Maybe he can refer you to someone that can help you out for a reasonable fee.
There is a lot of idea borrowing happening on this board. That is actually one of the great things about this resource. You can do the same thing several different ways, and many of us use some of this and a little of that. But for those who are selling, the cottage industrialists, the members here support them pretty well.
Yes. Those places are a ripoff scam. That is why using a patent lawyer is the best route to take. What you divulge to your attorney is privileged and cannot be disclosed to third parties without specific authorization. What you discuss with your lawyer is not, and cannot ever be, considered to constitute information in the public realm.
When it seems like the night will last forever
And there's nothing left to do but count the years
When the strings of my heart start to sever
And stones fall from my eyes instead of tears
I will walk alone by the black muddy river
And dream me a dream of my own
-Jerry
I'm also not a lawyer, but don't let that stop me from offering advice...
There's a old trick known as a "poor man's patent."
Basically, you make a copy of all the details and drawings and notes and pics of protypes and everything else related to the development of your gizmo, seal them in an envelope and mail it to yourself via USPS registered mail. (Not FedEx). When you get it back in the mail - LEAVE IT SEALED and file it away where you can find it years later. The seal and the cancellation dates "prove" when you had the idea.
I don't know how well this trick would stand up against a high powered law firm that's defending the dirt bag who got rich on your idea. In short, you pay a lawyer up front to keep you out of trouble, or in the end to get you out of trouble. Or you just give up and give out.
Good luck! I hope whatever you're up to works out well for you.
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So many trees, so little time...
Much to my disappointment, almost everything I've read says that getting a patent is pretty useless for small scale producers.
I've posted ideas and things I've developed online. In some cases others have contacted me and asked about using my idea for something they would be selling. In other cases they've just incorporated my idea without asking.
Best I can tell nothing legally prevents people from using the ideas but it's nice when they ask.
Knotty
"Don't speak unless it improves the silence." -proverb
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I can save you the hassle and tell you that this does not hold up in court what so ever. People used the same technique to get basically a free copy-write and tried to take publishers to court when their work was printed without compensation or attribution. The court stated that since it was never registered then the creation date could not be verified.
Short answer, if you want any say in how the product is eventually used/produced, whether privately or placed in public domain, then talk with a patent lawyer.
*Heaven best have trees, because I plan to lounge for eternity.
Good judgement is the result of experience and experience the result of bad judgement. - Mark Twain
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However good your idea and however good the implementation, before resenting that someone else profited from it before you did, be certain the idea was original, never before presented. That's a tough standard.
Try just going for a copyright instead? The idea of mailing yourself a registered letter and saving it is a great way to prove the time frame that you had the idea. I hope you get some better help than I can offer, and that you make a million dollars with your idea! :-)
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