Intellectual Property Protection

RE: [spiers] Intellectual Property Protection


Ismail - my experience has shown me that the one with the most money (or who
shows he can last the longest in a court battle) wins - sad, but that has been
my experience. It is very expensive to take someone to court and I do not
believe any lawyer will take the case on a contingency no matter how good it
looks. Paying for all that 'protection' may just be money down the drain if you
don't have the money to fight in court.
chris

--- On Fri 04/28, Ismail Zehri < ismail.zehri@cheerful.com > wrote:
From: Ismail Zehri [mailto: ismail.zehri@cheerful.com]
To: spiers@yahoogroups.com
Date: Fri, 28 Apr 2006 08:06:10 -0000
Subject: [spiers] Intellectual Property Protection




John,

I know that you don't endorse your students to get patents for their
ideas. But, by reading their comments on this discussion board, I
gather that there are many people out there who are very concerned
about protecting their intellectual property.

Today, I had a very productive meeting with an attorney who
specializes in law pertaining to intellectual property, and I would
like to share his simple and cost effective "self-service" strategies
to protect your ideas:

1. FILE DISCLOSURE DOCUMENT [Cost: $10 + mail charges]:
When you conceive your idea, write a description of the product's
construction and utility, draw detailed diagrams, complete the
Disclosure Document, attach a check for $10 and mail the package to
the United States Patent and Trademark Office (USPTO). This process is
the acceptance and preservation for two (2) years of the Disclosure
Document as evidence of the date of conception of an invention by the
USPTO.
Instructions: http://www.uspto.gov/web/offices/pac/disdo.html
Form: http://www.uspto.gov/web/forms/sb0095.pdf

2. SIGN CONFIDENTIALITY AGREEMENTS [Cost: $0]:
Any time you talk to someone about your idea during development stage,
have him or her sign a confidentiality agreement.
Sample: http://www.bitlaw.com/forms/nda.html#Agreement

3. TRADEMARK BRAND NAME [Cost: $0]:
As soon as your product is manufactured and ready for sale, enter the
word "TM" next to your logo and brand name. This establishes your
rights in a mark based on legitimate use of the mark until you're
ready to register.
Instructions: http://www.uspto.gov/web/offices/tac/doc/basic/register.htm

4. FILE PROVISIONAL APPLICATION FOR PATENT [Cost: $215 to $330]
Once your product is ready for sale (not during development stage),
only then should you apply for Provisional Patent which provides
intellectual property protection for one (1) year. For the next twelve
months, do your best to sell millions of your product.
Instructions: http://www.uspto.gov/web/offices/pac/provapp.htm
Application Form: http://www.uspto.gov/web/forms/sb0016_fill.pdf
Electronic Filing:
https://sportal.uspto.gov/secure/portal/efs-unregistered
"Small Entity" Fee Schedule:
http://www.uspto.gov/go/fees/fee2006apr05.htm#patapp

Once you are confident that your product is generating a steady
revenue stream within the first ten (10) months of selling, and only
then you should consider hiring an attorney to "File" the
Non-Provisional Patent application and "Register" your Trademark.
Please engage the service of an attorney two (2) months prior to the
expiration of your Provisional Patent; it takes them approximately
that long to complete the filing process. The cost of this service is
in thousands of dollars.

By the way, I feel obligated to mention that USPTO's website is one of
the worst and most confusing websites I've ever used. Hopefully, the
links that I've provided here will simplify finding the correct
information.

Best wishes,

Ismail Zehri
Las Vegas, NV

Bookmark this post --- Email this post