From: chrisbr@cogsci.ed.ac.uk (Chris Brew)
Newsgroups: misc.int-property
Subject: Re: What to do with a patent?
Date: 21 Jan 93 09:48:42 GMT
Organization: Centre for Cognitive Science, Edinburgh, UK

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
Newsgroups: misc.int-property