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Jan 10th, 2023
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Joined: Apr 2011
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OP
Joined: Apr 2011
Posts: 36 |
Are there any patent attorneys in the Pond Boss family?
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Joined: Aug 2006
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Moderator Ambassador Field Correspondent  Lunker
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Moderator Ambassador Field Correspondent Lunker
Joined: Aug 2006
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Not that I am aware of.
I'm sure there are more, but I am aware of only two active attorneys in the active Pond Boss family.
EWEST is a natural resources attorney based in Mississippi. Todd3138 is a top DUI/DWI and criminal defense lawyer here in WV -- although, from personal experience, I know he will take on other special non-criminal cases for close friends.
Both are close personal and trusted friends, and both are great Pond Boss friends and contributors. Possibly one of them could refer you to a patent attorney in your area.
Ken
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Hall of Fame 2015 Lunker
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Hall of Fame 2015 Lunker
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Not that I have seen either.
When dealing with patents. I doubt you will find a single lawyer that messes with this.
They usually school in firms with plenty of PE's.
Expect to pay quite dearly!
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Joined: Nov 2011
Posts: 2,182 Likes: 29
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Joined: Nov 2011
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If you are looking for patenting something, go find yourself a "Patent Angel" which is an investor who could stand to profit by your patent. It is a mutual advantage with the right person.
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Joined: Mar 2005
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Moderator Hall of Fame 2014 Lunker
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Moderator Hall of Fame 2014 Lunker
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Dr. Terry send me a PM with what you are doing. liquidsquid has described one method of realizing on an idea (patentable idea ). There are others. In every instance you have to be careful to protect your position.
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Joined: Jul 2011
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Joined: Jul 2011
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I have a family member who invented and patented the breakaway basketball rim.(Arthur Ehrat for the enquiring minds). He informed me the most difficult problem is the cost of legal battles, when you catch someone infringing on your patent. Kinda like a Bass trying to protect the nest.
Give a man a fish, and he will eat for a day. Teach a man to fish and he will sit in a boat and drink beer.
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Joined: Dec 2009
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Hall of Fame 2015 Lunker
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Hall of Fame 2015 Lunker
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Also keep in mind, that when you are granted a patent, you are telling the world what you did and how you did it. If your butt is not covered really well in the patent, quite often it's rather easy for some people to make improvements to your idea and get their own patent. Your patent will be referenced in their patent. That's not infringement.
I don't like messing with patents. They give me a headache!
About Patent Angles. I've seen some well intentioned investors, but there are usually a few with hidden horns in the group.
You can also file your own patent, but they can be very time consuming and you could miss something.
Good Luck!
Last edited by JKB; 10/13/13 08:06 AM.
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Joined: May 2009
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Lunker
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Lunker
Joined: May 2009
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Just a point of clarity. Improving on an invention is patentable, but that does not mean that you lose your temporary monopoly. They cannot infringe your patent with the improvement and then go to market. Of course you do have defend your patent if you find someone infringing, and this can lead to court cases. If you do not have familiarity with patent law and how to write patent claims, you will likely need to have someone help you. One possibility is to partner with a company that makes similar items and get a secrecy agreement in place to see if they might be willing to share costs (and of course profits).
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Ambassador Hall of Fame 2014 Lunker
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Ambassador Hall of Fame 2014 Lunker
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Two weeks after all of your hard work with the product and the patent, you'll see a Chinese "knock off" on the shelves of Walmart for half price. 
Just do it...
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Joined: Apr 2011
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OP
Joined: Apr 2011
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My friend has an idea to improve on automatic fish feeders but doesn't have a PB membership so I told him I would ask the forum for him. Thanks for your help anyway.
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Joined: Oct 2013
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Joined: Oct 2013
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Yeah if you want to patent something you can do it for yourself. The only thing you can try on a DIY basis is filing provisional patent application.
Last edited by johnvellis; 10/14/13 05:13 AM.
Its hard to define software patent but the one everyone knows is that it is an applicant duty to disclose information relevant to his or her patent application. Click here
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Joined: Jun 2012
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Joined: Jun 2012
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Well I have had much experience in the last ten years with patents and business deals.
First and for most is everyone and anyone you talk to about your idea have them sign an NDA. A none disclosure agreement. File it and hold it for future possible legal battles.
Second the idea and product in a box is the easy part. 95% of the work is selling and marketing the product. In this case you have a current product that has is own current dealer and client base. You research the company sales, dealers, distributorship, local or national. This will give you an idea of what % or possible income you may be entitled to. Then is it worth spending the time and money on.
Easy way is to sell your ideal for a % of the current company's sales and stock options for your improvement on the product. Do not get greedy. Something is better than nothing.
The Key for a patent improvement is 10%. If the design is changed for the better by 10% you can get a valid new improvement patent.
Copy rights and trade marks have more power in the patent world. Patent pending is another grey area. The patent is pending providing I file the paper work. Patent pending on a product may indicate there is no patent at all providing they decide file to patent it. Patent pending is enough to prevent most from trying to patent or change a products patent.
I would go to the company who has the product you have improved. Have them and any division of that company sign an NDA. At that same meeting have your LOI your letter of intent ready explaining you have improved their product for the better. Do not get into the details of how! Lay out in the LOI what you want 2% of retail is very good return for an idea. Have a lawyer draw all this up to protect you and your idea.
Here is the deal if they feel your improvement is worth 2% of retail sales they will take it. If you ask for to much they will wait for the NDA to run out and make the changes anyway as RND. At this point you need deeper pockets and good luck with that.
You can see how in business these kind of deals are the most sketchy as they come. The most you have on paper with dates the more civil it will be.
I really hope this helps your friend and good luck. Do not let it consume you. Do not think about it every hour. Try two days a week or this can drive you to the point you will give up and forget it all together.
A new idea that is a great idea is best 99% of the time building it running with it finding a large distributor to take it and make money with it. Let them make the money. Its like jumping onto a train that is going by or you could start making that train one nut on bolt at a time. I have jump on some trains with large company's and its the only way to really fly just DON'T get greedy or you will be under that train.
Cheers Don.
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Joined: Dec 2009
Posts: 6,692
Hall of Fame 2015 Lunker
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Hall of Fame 2015 Lunker
Joined: Dec 2009
Posts: 6,692 |
My friend has an idea to improve on automatic fish feeders but doesn't have a PB membership so I told him I would ask the forum for him. Thanks for your help anyway. Why don't you tell him to sign up! Possibly he could ask questions about feeders or something. Welcome wagon is well staffed. When I get some time, I'll do a patent search on automatic fish feeders. Maybe find out what's up in this world. Hopefully it's not one of those AquaChef gizmos for aquariums  Bruce...  ...has one!   I like Bruce, just don't want to Pezter him too much... 
Last edited by JKB; 10/14/13 06:13 PM.
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Joined: Apr 2011
Posts: 36
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OP
Joined: Apr 2011
Posts: 36 |
that's great advice! I will pass it along!
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Joined: May 2009
Posts: 5,722 Likes: 282
Lunker
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Lunker
Joined: May 2009
Posts: 5,722 Likes: 282 |
I have a number of patents, but my employer has patent attorneys. Deal with reputable companies. Agreements are fine, but trust is priceless!
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Joined: May 2013
Posts: 99
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Joined: May 2013
Posts: 99 |
Great advise! 10% of something is a LOT better than 0% of nothing! Rob C Well I have had much experience in the last ten years with patents and business deals.
First and for most is everyone and anyone you talk to about your idea have them sign an NDA. A none disclosure agreement. File it and hold it for future possible legal battles.
Second the idea and product in a box is the easy part. 95% of the work is selling and marketing the product. In this case you have a current product that has is own current dealer and client base. You research the company sales, dealers, distributorship, local or national. This will give you an idea of what % or possible income you may be entitled to. Then is it worth spending the time and money on.
Easy way is to sell your ideal for a % of the current company's sales and stock options for your improvement on the product. Do not get greedy. Something is better than nothing.
The Key for a patent improvement is 10%. If the design is changed for the better by 10% you can get a valid new improvement patent.
Copy rights and trade marks have more power in the patent world. Patent pending is another grey area. The patent is pending providing I file the paper work. Patent pending on a product may indicate there is no patent at all providing they decide file to patent it. Patent pending is enough to prevent most from trying to patent or change a products patent.
I would go to the company who has the product you have improved. Have them and any division of that company sign an NDA. At that same meeting have your LOI your letter of intent ready explaining you have improved their product for the better. Do not get into the details of how! Lay out in the LOI what you want 2% of retail is very good return for an idea. Have a lawyer draw all this up to protect you and your idea.
Here is the deal if they feel your improvement is worth 2% of retail sales they will take it. If you ask for to much they will wait for the NDA to run out and make the changes anyway as RND. At this point you need deeper pockets and good luck with that.
You can see how in business these kind of deals are the most sketchy as they come. The most you have on paper with dates the more civil it will be.
I really hope this helps your friend and good luck. Do not let it consume you. Do not think about it every hour. Try two days a week or this can drive you to the point you will give up and forget it all together.
A new idea that is a great idea is best 99% of the time building it running with it finding a large distributor to take it and make money with it. Let them make the money. Its like jumping onto a train that is going by or you could start making that train one nut on bolt at a time. I have jump on some trains with large company's and its the only way to really fly just DON'T get greedy or you will be under that train.
Cheers Don.
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