[Jewelry making - Article 00803] - Re: [Orchid] Patent Process

[James White]

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>         The only thing that really matters about a patent is the
>     wording of the claims. The rest is fluff that explains to someone
>     else exactly how to build your mechanism. 

    This unfortunately is quite wrong. Claims are always interpreted in
    a sequence of steps only the first of which is "what does the claim
    say in it's plain language." Unfortunately for the above poster the
    law MANDATES further interpretive steps which continue with "how
    should the claim be interpreted in the light of the rest of the
    specification?" The patent drafter is given wide leeway in
    definitions of terms and their definitions MUST be accepted and
    enforced even when it goes AGAINST the interests of the patent
    holder. The steps continue with a review of the prosecution history
    and understanding of prior art. The propensity of neophytes to fail
    to comprehend all those nuances--and get their consideration correct
    in their applications--is why I always STRONGLY recommend at least
    some serious paid assistance from experienced patent practitioners. 

>         Patents are fairly expensive to have lawyers draw up.  It
>     might take a couple thousand dollars. 

    Or usually considerably more--but it's still cheap compared to a
    patent that is effectively dead on issue due to avoidable problems. 

>     Patents are also usually pretty easy to get around if you know
>     mechanical engineering stuff, and can make the product using a
>     completely different method. 

    This is generally VERY true of inventor drafted patents because they
    generally have far narrower claims than necessary. But it is not
    universally true and therein can lie the difference between a very
    valuable patent and a worthless, easily circumvented one. Yes, if you
    are in a field with lots of prior art it is very difficult to get a
    patent that cannot be worked around----but then why should an
    independent inventor be patenting their nuance in such a field, it
    makes little sense though the very same invention might be very
    worthwhile patenting for a large firm. 

>         work with manufacturers with a non-complete and non disclosure 

    Most will sign a limited non-disclosure agreement (and state laws
    may put more limits on such agreements than their contract language
    appear to show) but very few will sign a non-compete unless it's
    limited to effectively whatever the inventor has that's patentable
    (some state laws, I believe California is an example but I may be
    mistaken, void virtually any attempt at non-compete agreements). 

>         With 20/20 hindsite, I should have signed each and every one
>     of them. 

    Very likely true. Toy companies are relatively wide open to
    licensing. 

>      I also wrote too much about the product in my proposals and not
>     enough about what the product will do for their bottom line.  I see
>     the other side of that fence now that I'm a manufacturer.  Live and
>     learn. 

    Yes, but writing "you'll make millions" without any substantiation
    and third party numbers is guaranteed to get a proposer classed as a
    kook and escorted out the door---I'm sure you will do that now too. 

James E. White
Inventor, Marketer, and Author of "Will It Sell? How to Determine If
Your Invention Is Profitably Marketable (Before Wasting Money on a
Patent)"  Info Sites:   www.willitsell.com    www.inventorhome.com,
www.idearights.com www.taletyano.com www.booksforinventors.com

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