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- Path: sparky!uunet!mcsun!uknet!edcastle!edcogsci!chrisbr
- From: chrisbr@cogsci.ed.ac.uk (Chris Brew)
- Newsgroups: misc.int-property
- Subject: Re: What to do with a patent?
- Message-ID: <12439@blair.ed.ac.uk>
- Date: 21 Jan 93 09:48:42 GMT
- References: <C141pH.DK1@news.cso.uiuc.edu>
- Organization: Centre for Cognitive Science, Edinburgh, UK
- Lines: 65
-
- jem21176@uxa.cso.uiuc.edu (Jon E. Meyer) writes:
-
- >Ok. Say I have a new product that is patentable. Assume it has
- >a market. I see a few directions this can go:
-
- >* Get a patent. This is expensive for me right now. My partner
- > (for lack of a better word) in this thinks that once a working
- > prototype is done, we will miraculously receive funding and support.
-
- > Do we try to start this on our own? Or approach a company that uses
- > similar technology? What about patent infringement? We would have
- > no way to do battle in court.
-
- >Is a patent the only constant here? What likely problems would we hit?
-
- >Are these questions too case specific to be asked?
- I don't think there's a useful general answer, but sure, you
- can ask. The important thing to realize is that you are in
- quite a weak position relative to a company with lawyers.
- >I've heard that a working model isn't necessary for a patent.
- >Technically that may be true, but approaching a company with a
- >physical working machine may make the difference.
-
- >How do similar cases like this turn out? What am I going to be up
- >against? How do we protect against foreign companies taking the
- >idea? Apply for a patent in every other country?
- >
- Yes, at least if you have a really good idea which will be useful
- everywhere and easy for people to imitate once they have seen the
- idea (.e.g. Walkman(TM) and a thing called a Workmate(probably TM) which
- is incredibly useful but basically only two planks of wood next to
- each other to make a big vise). For both of these inventors claimed
- to have invented. The Walkman guy had a patent (of sorts) but lost, the
- Workmate person didn't have a patent, so he didn't have any chance
- when somebody made it anyway. [All hearsay, but you get the idea, even
- if the details are wrong].
-
- >Like I stated before, my partner thinks the prototype is our ticket
- >to success. What might I tell him so he understands how important
- >the patent is, and that we should be working on that as much?
-
- In practice this may be OK, but make sure you get the firm to
- sign a non-disclosure agreement before you show them enough info
- to allow them to build it without your help. Most firms are in it for the
- money, and if they can get away with ripping you off they very likely will.
-
- >Yes, I am asking for free advice. If you don't want to offer it,
- >that's perfectly fine. It can be as specific/general as you'd like.
- >This is my last semester in college, and the last chance I'll have to
- >start something up without having to live off our profits, if any.
-
- >So we get a patent. Should it be for the entire design, or should
- >we try to break it up into smaller pieces? Which way would protect
- >us more? i.e. would we be better off just patenting the new part
- >of the design, and not the entire thing put together or both?
-
- If you do go for a patent, you will need expensive professional help,
- and basically you should apply for everything which could possibly be
- new. This is deep water, talk to an expert.
-
- >Any hints on how this might turn out would be great. Thanks.
- >And thanks to Gary for helping me find this group.
-
- >Jon Meyer
- >University of Illinois
-