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Mitchell

posts: 15

Dec 07, 2006 12:13 PM ET    Quote  Report Abuse
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James, we know the gold standard is to use an inventor’s log book, witnessed by a non-inventor who understands the technology.  But so long as an inventor is able to establish conception, as he is trying to do here, and is able to show his due diligence, he should be fine with an envelope, signed across the seals...or even witnessed near the seal.  I don`t think he was trying to substitute the envelope for a patent. 



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Mitchell M. Musial, Esq. Principal Mitchell M. Musial II, PLLC Intellectual Property & Business Law (P) 248-672-2000 (F) 248-363-9404 email: MMusial@MMMPLLC.COM
Mitchell

posts: 15

Dec 07, 2006 12:21 PM ET    Quote  Report Abuse
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Really, what would be best here is to print off all 70 pages and file it as a provisional application.  The filing fee is $100 and it will give you a year to make something happen with the VC.

Good luck.



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Mitchell M. Musial, Esq. Principal Mitchell M. Musial II, PLLC Intellectual Property & Business Law (P) 248-672-2000 (F) 248-363-9404 email: MMusial@MMMPLLC.COM
patentandtrademark

posts: 1332

Dec 07, 2006 3:07 PM ET    Quote  Report Abuse
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evidence of conception must be corroborated to be helpful - the envelope can`t talk or write.  Please send me a court case where an inventor or trade secet holder ever mailed himself anything that help him in any way whatsoever.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
hippie

posts: 2

Dec 07, 2006 5:13 PM ET    Quote  Report Abuse
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What you need to do is download or buy an Non compete agreement and have the other party sign it with witnesses, I work alot with firms and clients where my contacts and networks are of value, a non compete form will stand up in court should they decide to cut me out of the picture and go right to the source. John
Watson75

posts: 53

Dec 08, 2006 5:41 PM ET    Quote  Report Abuse
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Is a major venture capitalist firm really interested in stealing ideas? That`s why I`m not so much worried about getting them to sign anything. This idea has potential to be huge, so that`s all that scares me a bit. That`s why I`m looking for some alternative to someone signing not to compete. But I don`t think they would dare risk their reputation being destroyed over one idea. After all, isn`t the venture capitalist/client relationship a fiduciary one?  Especially when they`d probably rather have the creator of the idea making sure it turns out the way its supposed to. Maybe I`m wrong. Thanks once again.

P.S. I have what I believe a perfect slogan I could put in a trademark for, but I really don`t know if that`s necessary because, once again, I don`t think a VC firm would steal your slogan to try to blackmail, just doesn`t make much sense.

Watson752006-12-8 17:43:35


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I want to know, if I can live with what I know. And only that.
Watson75

posts: 53

Dec 19, 2006 4:34 PM ET    Quote  Report Abuse
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Here`s what I don`t understand. Two people in a court of law, both claiming a certain idea is there`s. One person has a sealed envelope with an array of papers inside which relate to the developement of the idea/site, and the other person has absolutely nothing. How could that be that be the equivalent of the wrappers from today`s lunch, as you make it out to be patentandtrademark? Would not the person with atleast some evidence to support their claim win? As opposed to the guy that says, "This guy doesn`t have a patent, so the idea is mine." I totally trust your legal advice patentandtrademark, perhaps it simply is the legal system I`m not to fond of.

 



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I want to know, if I can live with what I know. And only that.
patentandtrademark

posts: 1332

Dec 20, 2006 5:08 AM ET    Quote  Report Abuse
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Two people in court neither of who have a patent, fighting about "i thought of it first" won`t be in court.  you need a patent to get there.  For cases where they both have a patent, see the post I started about mailing to prove conception.  There is a link to the MPEP them.  Hint:  it`s about money and the USPTO wants you to file early and often - they get paid and information gets disclosed to the "public".

It does not have to make sense to you and me.  It has to help the "system."

patentandtrademark2006-12-20 9:12:56


-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
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