Questions about patent filings

[hagopbul]

Hello :

i created a thread here a few weeks ago about or better say related to patenting , i start after that to look up the process on the internet and meet some one online who had a very bad experience with US patenting system , he claims after he filed the patent , some companies like apple , sun ,... etc copied his patent and did not compensate him or some thing like that .

after hearing his sad story i wondered that maybe he can find some helping hand from physics forums as they are also interested in patentingBest Regards
Hagop

[Moderator's note: edited to remove contact information.]

 

[Haborix]

Even assuming everything you say this person claims is true, he needs an attorney, not scientists moonlighting as attorneys.

 

[Hornbein]

All a patent gives you is grounds for a lawsuit. If your case is strong enough you can hope to get a lawyer on contingency.

 

[hagopbul]

scientists also knows a lot of patent troubleshooting , know good lawyers , and even have very good experience filling them , some would know because of experience a lot of cases that new patent applicant may benefit from ... etc

 

[russ_watters]

All a patent gives you is grounds for a lawsuit. If your case is strong enough you can hope to get a lawyer on contingency.

...and you might be able to find one to review the case for free or for a few hours consulting.

 

[Vanadium 50]

...and you might be able to find one to review the case for free or for a few hours consulting.

Um Russ...are you out of your mind?

There is no way I would, as a scientist and non-lawyer render a legal opinion. Not only is there a huge potential for liability, not only am I not remotely qualified, why do I want to open the door to a parade of inventors and wanna-be inventors who want my time (for free).?

If he wants legal advice - and I think he does - he shpouldn't mess around. He should hire a lawyer and be prepared to pay for it.

 

[jrmichler]

he claims after he filed the patent , some companies like apple , sun ,... etc copied his patent and did not compensate him or some thing like that .

I have had a number of conversations with patent attorneys on exactly this subject. A person does not "file a patent", they file a patent application. That application goes through a review process, after which a patent may or may not issue. Patent protection starts when a patent issues. Patent protection only applies in the country in which the patent issues. A US patent does not protect against a European company making and selling the product in Europe.

One of my patents was infringed on twice. In both cases, our patent attorney wrote a cease and desist letter, after which the infringement stopped. In both cases, the patent attorney warned us that if we had to take the case to court, we should budget $1,000,000 for the case. The patent would need to be worth several times that much for a qualified patent attorney to be willing to take the case on a contingency basis.

It may be possible to get an initial consultation with a patent attorney at no or minimal cost. After that, expect that a qualified attorney will have an hourly rate on the order of $500 per hour. Or more.

 

[russ_watters]

Um Russ...are you out of your mind?

There is no way I would, as a scientist adn non-lawyer render a legal opinion.

Lawyer! Paid! That's what I was responding to!

 

[Vanadium 50]

I think it's time to take the advice of that great mind of the 20th century, Chico Marx. "If you got trouble, the first thing you need is to get a lawyer. Then you got more trouble, but at least you got a lawyer."

 

[berkeman]

Thread closed temporarily for Moderation...

Thread reopened.

 

[berkeman]

i start after that to look up the process on the internet and meet some one online who had a very bad experience with US patenting system , he claims after he filed the patent , some companies like apple , sun ,... etc copied his patent and did not compensate him or some thing like that .

Sounds like he is setting you up for a scam...

after hearing his sad story i wondered that maybe he can find some helping hand from physics forums as they are also interested in patenting

Sure. He/she can join PF and post reasonable questions. If they try to scam us, we are happy to deal with that too.

 

[Vanadium 50]

Sounds like he is setting you up for a scam..

I agree.

@jrmichler wrote a good message. A patent is a license to sue if it is infringed. Actually getting money out of it is non-trivial and not guaranteed.

Applying for a a patent can benefit from advice. You don't want it too broad ("I wish to patent an idea called a 'machine'") or so narrow that it can be infringed by making a trivial change ("But this one is blue!") As mentioned, you need to know where to file it if you want worldwide protection.

Finally, your description sounds a lot like a perpetual motion machine. A LOT.

 

[hagopbul]

can i post his personal page ?
no not a perpetual motion at all if you read in the post his domain is related to computer science