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LIMOMx2
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Member since 5/05 24989 total posts
Name:
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Did anyone ever have something patented?
If so, did the process take a long time.
I am just at the beg stages but would love to know how long my journey is going to be.
TIA
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Posted 9/4/07 8:37 AM  |
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jxnoscar
Baby Delicious!
Member since 8/06 4156 total posts
Name:
Nancy
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Re: Did anyone ever have something patented?
yes. FM me for details. The process is not long.
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| Posted 9/4/07 8:57 AM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
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They call me "Tater Salad"
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Re: Did anyone ever have something patented?
I'm an intellectual property attorney. We don't do work for individuals (just large corporations), so I'm not soliciting your business, nor can I give you ANY legal advice. 
I can say that the process is unpredictable and can take anywhere from 1 to 10 years or more, depending on just how "inventive" (legally) your invention is and how long you want to pursue the process. You will also need an experienced patent attorney to help you. It's rare that the process goes quickly. Normally, it is a long and expensive process. If your invention is truly that novel, though, it's possible that it could move more quickly. The average time from filing to first examination fluctuates from year to year, too. Some years, it's been almost 2 years, with the average being somewhere between 6 months and a year and a half. If your patent is granted at that time, then it can be a short process. Often, however, there will be a lot of back and forth after the first examination.
ETA - And don't let anyone tell you that you should attempt to draft and file your patent yourself. Even for a simple invention, it's a complicated process.
You should find a good attorney, talk to him / her about the invention, and then he/she will be able to give you a better idea of how long it may take.
Message edited 9/4/2007 9:28:09 AM.
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| Posted 9/4/07 9:20 AM |
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MrsT
Enjoying wedded bliss.....
Member since 4/06 1323 total posts
Name:
Katrina
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Re: Did anyone ever have something patented?
I am NOT a patent attorney but worked at a patent, trademark & copyright firm for years. My patent lawyer friends have told me that process can take YEARS depending on the new invention and prior art (existing) that exists.
You can draft part of the patent yourself but you will eventually need an experienced patent attorney to help you draft the claims.
I agree with the above poster that it's a complicated process. However, if it's the same with patents as with trademark filings (my area), when an individual files on their own w/o an attorney the process seems to go faster. I am not sure why this is but I have seen it time and time again with trademark filings. You could have the attorney draft the claims and help you but file it yourself
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| Posted 9/4/07 1:06 PM |
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LIMOMx2
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Member since 5/05 24989 total posts
Name:
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Re: Did anyone ever have something patented?
Thank you all so much. I left a message for some patent attorney. I will try and find someone else also.
Are the forms online that I can fill out?
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| Posted 9/4/07 1:12 PM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: Did anyone ever have something patented?
Posted by MrsT
I am not sure why this is but I have seen it time and time again with trademark filings. You could have the attorney draft the claims and help you but file it yourself
B/c you're more likely to have your patent rejected for being poorly (or improperly) drafted and not knowing the appropriate steps to overcome a non-final rejection. (JK, though there's some truth to it...)
I handle patents MAINLY from a litigation standpoint and only sometimes from a prosecution standpoint. (FYI, for the non-lawyers, prosecution is the process of obtaining a patent).
I can't tell you how often patent lawsuits come down to a matter of only one or two words. Definitely at least TALK to lawyer before you proceed -- and I know you called one. Just make sure it's a reputable one!
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| Posted 9/4/07 1:26 PM |
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