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djalli
Joined: 10 Nov 2001
Posts: 887
Helped: 15
Location: 1600 Pennsylvania Avenue, Washington DC 20500
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 25 Sep 2004 11:30 Patents ... Trade Secrets. |
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Patents are generally applied for and granted on a country-by-country basis. Patent laws are intended to provide an incentive for inventors to disclose their inventions. Patents are issued to new, useful and non-obvious inventions that are appropriately claimed and described in the patent, so that one of skill in the art is able to make and use the claimed invention. During the term of the patent, the patent claims can be asserted against those who are making, using, selling, importing, or offering to sell the invention in the United States. In exchange for a complete disclosure of the invention, the inventor or subsequent owner of the patent is provided a limited monopoly.
Patents are critical for translating ideas or scientific findings into technologies and products. The limited monopoly provided by a patent can justify the investment required to develop and commercialize a novel product. Patent attorneys are critical for obtaining patents. They make sure that the claims are directed to aspects of the invention that provide a block to competitors and that the desired claims are appropriately supported by the disclosure in the patent specification.
The biggest misconception about patents is that a patent gives the owner an exclusive right to make and use the patented invention. That’s not right. A patent gives the patent owner exclusive rights only to prevent others from doing what is claimed in the patent, by suing them for patent infringement. An innovator must not only offensively develop a patent arsenal, but defensively avoid infringing patent claims owned by others, as well. |
Law for patents as I understand now is worldwide: You can patent the IDEA but no matter how modern is your APPLICATION you would face penalties from litigations.
Let me get one example (guessing!):
I create a PC mouse which I can control it (crazy example) by simply talking to it in as many languages as I can. I do not want to file for patent and want to keep the DSP,material and overall application circuitry in an IC and everything(the designs) is a secret from prying eyes of the world.
Would I be sued for copyright infrigements by owner/inventor of PC mouse device or someone?
Please give me examples when PC mouse device patent (as it is) has a)expired and one scenario as it is b)not expired.
The new device I invented let suppose it is now in market. And design is a trade-secret.
thank you, djalli
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frakaluken
Joined: 25 Jul 2002
Posts: 5
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| 26 Sep 2004 9:24 Re: Patents ... Trade Secrets. |
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you'd want to file an "application specific" patent. Reference the
mouse - then reference your technology.
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djalli
Joined: 10 Nov 2001
Posts: 887
Helped: 15
Location: 1600 Pennsylvania Avenue, Washington DC 20500
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| 26 Sep 2004 10:09 Patents ... Trade Secrets. |
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| Do I have to mention how it is done. The my technology?
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bimbla
Joined: 13 Jul 2001
Posts: 536
Helped: 13
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| 22 Dec 2004 15:41 Re: Patents ... Trade Secrets. |
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You only have to submit the discription of your 'idea.'
The name, category and application.
An exhaustive search is made to check if the idea is not already issued a patent, and you are in.
Usually, a lawer is appointed to handle your case.
Getting you 'idea' copyright protected is also another way
bimbla.
Added after 13 minutes:
Here are links that will intrest you. The last on is the one in which I asked a similar question in DIY forums.
http://www.nolo.com/lawcenter/index.cfm/catID/FD8C060B-5DD4-4809-A53ECCF6BBD87E32
http://www.nolo.com/lawcenter/index.cfm/catID/804B85E3-9224-47A9-A7E6B5BD92AACD48
http://www.diyaudio.com/forums/showthread.php?postid=96084#post96084
Best of Luck.
bimbla.
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eltonjohn
Joined: 22 Feb 2002
Posts: 1558
Helped: 22
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| 22 Dec 2004 18:52 Re: Patents ... Trade Secrets. |
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Let me COMENT a little on the PATENT thing ... The MOUSE as such was develloped at menlo PARK and i think that is open domain .But you can use THE MOUSE concept by adding some new FEATURES ,, then IS A MATTER of how YOU WRITE your patent APPLICATION .. Or if some body has done a SIMILAR THING that ENCOMPASES your FEATURES ,.The final word is HOW PROTECTIVE is the company that may have a similar patented DEVICE as YOURS .. Do they want to come AFTER YOU .. WELL THEY MIGHT is this is their main PRODUCT ..
There are also A LOT of NUTTY PROFESORS,that work on UNIVERSITIES and as a HOBBY they put PATENTS on IDEAS ! ..They don't have to MAKE A PROTOTYPE or solve HUNDREDs of PROBLEMS .. The PATENT PROCESS is so CORRUPT ..that THESE PEOPLE .. APPLY for PATENTS all year AROUND ..And then they WAIT to see who needs to devellop it..THEN THEY GO AFTER the MONEY ..IS SO DISGUSTING
ONE EXAMPLE : I have the idea of putting a POOL ON A WING OF an AIRPLANE ..
i can perrfectly aplpy for a PATENT ..i don't have TO SOLVE al the physics to make it TRUE ..
As such i'm THINKING to apply for a patent FOR A TIME MACHINE .. I don't have TO SOLVE any thing on parallel UNIVERSES .. I will SUE STEVEN HAWKINGS when he fiinds OUT ///
I have been envolved with INVENTIONS ..all my life and every time i'm DISGUSTED with what i SEE . I have seen PATENTS being granted to somebody TAKEN AWAY ..BEcause he "proved"( money under the table) that he started working before the patent was awarded .In one ocasion A GUY ONLY SHOWED a notebook with dates .. Like you can't add them at WILL !
The BEST THING IS NOT TO PROTECT ..DO A COMPLICATED DESIGN . RUSH it
GET AS MUCH MONEY AS YOU CAN THE firts years and THEN FORGET IT .Or change the company ETC ..THE CHINEESE for example THEy don't RESPECT any PATENTS LAWS .. HOW CAN YOU SUE THEM ?
If you REALLY WANT to hold to your INVENTION ..is better to apply for a PATENT
( PATENT PENDING) this is not very expensive ( $100) . It will "PROTECT" you for a YEAR ( you are supposed to complete the patenta application during that year)
Then LET THAT PATENT APPLICATION DIE .. and FILE another PATENT with a little change or added FEATURES .. And again for another YEAR .. every year you can get a PROTECTION very cheaply .And you are not supposed to COVER all THE DESCRIPTIVE aspects of your INVENTION .. YOU CAN START PRODUCING your INVENTION and then once you have MONEY hire a BIG PATENT FIRM
BECAUSE a well writting PATENT APPLICATION here in the US will cost you
$30,000 to start .If you do it by yourself you will do the MISTAKES that will get you in TROUBLE later if somebody comes after YOU!
Those lawyers know well the language to use and cover all the HOLES!
bottom line :IS A CORRUPT SYSTEM .. with lawyers and money under the table!
One of my friends with a lot of experiece dealing with these problems over the years ..HE SUGGEST that THE PATENTS shouldn't be a deterrent .. IF THERE IS MONEY TO BE MADE ...and if somebody COMES AFTER YOU .. well try to negotiate with the GUY at first OFFER him some money to settle Otherwise tell him that you just forget about IT .. ! ULTIMATLY if it cost you a fee of 1% per product wich is basically what is practiced ..WELL as i said ULTIMATLY you can pass that cost TO THE CUSTUMER .. and move ON !
Don't forget some of those guys holding patents "THEY FISH for easy MONEY"
they want to GET IT !
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