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I need to get something patented before I sell a prototype to a manufacturer, for production and distribution. I am a business woman with more experience in finance. If you don't mind to please advise me, maybe we can become friends in the process. I can hire a intellectual property lawyer if no one answers me here. It is not a problem. This is just the quickest solution I have.

2007-05-14 06:38:48 · 7 answers · asked by JessesGirl 1 in Politics & Government Law & Ethics

7 answers

Well, first, patents take YEARS to acquire, as the examination process can be quite lengthy and require amendments and additional proof. You may file for a patent before you sell the prototype (in fact, due to a concept called the "on sale bar" you HAVE to file a patent within so many months of selling your product, or otherwise your patent is deemed invalid and available in the public domain) but that process may take weeks as well, as the patent attorney has to investigate the "prior art," have drawings made up, draft the patent, etc.

One thing you can do when you're setlling your prototype is to get a confidentiality / nondisclosure agreement, that essentially requires the manufacturer not to disclose any confidential information (i.e. your not-yet-filed patentable invention) to anyone nor to make profits from it by dropping you as a client and just making the dang thing themselves. Attorneys do this work all of the time.

Unlike copyright and some trademark registrations, a patent application really requires a patent attorney. They're expensive, but if your invention is going to make money, it's just an essential part of the business.

Sorry to break the news to you, but (a) see a patent attorney and (b) see perhaps even a different attorney to have a confidentiality and nondisclosure agreement, or whatever other agreements the attorney deems best drawn up before you go too far with this manufacturer! Don't loose your very valuable IP rights!

2007-05-14 11:46:09 · answer #1 · answered by Perdendosi 7 · 0 0

I do not know, but here is how you can prove that your idea was the original. If you wrote it down, then DATE AND SIGN IN INK. Make a couple of copies. Even mail one to yourself. The mailed one will have a postmark on it. This is called Poor-mans Patent. I've done this myself on my designs, and I'm only 15. If your dates come before theirs, then yours was obviously the original. Now if you never met or had any contact with the other person, then it is just a coincidence that they had the same idea as you.

2016-05-17 23:29:47 · answer #2 · answered by ? 4 · 0 0

Whoah before you go off trusting the legal advice of anonymous internet users or wasting your money on a lawyer, I would take a look at the website of the United States Patent and Trademark office http://www.uspto.gov/

2007-05-14 06:42:48 · answer #3 · answered by Roman Soldier 5 · 0 0

Try Martin-Dale, it's basically the most reliable source of finding an attorney online. There is peer to peer ratings it let's you know what their peers think of them. Also you can try the ABA website and look for attorney's in your state.

I would recommend that you make a list of which attorneys you plan to contact then you look up your state's Bar Association website and look up the attorney by name and see if they have any disciplinary action. That way you can see before you talk to an attorney you can what kind of reputation they have.

I would do a quick online search to see if there isn't a patent out there already.

http://www.uspto.gov/patft/index.html

http://www.martindale.com/

http://www.abanet.org/lawyerlocator/searchlawyer.html

2007-05-14 06:51:32 · answer #4 · answered by Lili 2 · 0 0

Either way, you will still have to hire a patent attorney. There are several decent ones in each state. I suggest you contact your state's Bar Association. They can direct you to a patent attorney near you.

2007-05-14 06:41:35 · answer #5 · answered by cyanne2ak 7 · 1 0

Try contacting adampers@sgs.com he was a guy i chatted to on match for a while. Hes not a lawyer but would appear to deal in intellectual property well he said he did. He might be of some help.

2007-05-14 06:45:13 · answer #6 · answered by D 7 · 0 1

www.youinventit.com
This will put you where you want to go.

2007-05-14 06:45:11 · answer #7 · answered by Linda G 6 · 0 1

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