Forums: Discussions for entrepreneurs and small business.

These are questions I would love to hear the answers to.

Example:  Everything used in the business process/revenue model already exists separately, but to my knowledge the technologies are not being used in this combination for this specific industry.  Can I patent a business process like this even if only to license it to a larger company?  If I can and what I have is patentable, I may be in need of your services sooner than later.

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Jamye Few www.zeodd.com "If at first you don`t succeed, skydiving is not an option for you."

I do a lot of education with my clients.  For those clients in the Cleveland Ohio area, I spend two hours in my office with the client before I file anything at all.  Sometimes, the best thing to file right now is nothing.  Timing is important.  i`d rather wait to do it right.

Fees are tough to discuss because they vary by geography.  The total fee to file a trademark application in a single class of goods is generally less than a thousand dollars.  Beyond that, costs depend a lot on how easy or difficult the USPTO is in its examination of the application.

Novelty in the patentability arena requires a new combination of elements.  The elements can be old as long as the combination is novel.

 

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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

If the client helps and the help saves time, it will save money.  If the client helps and the help costs time, it will cost money.  I had a client once that wanted to `help` with everything I did - which included discussing for 30 minutes every letter I wrote, even when the letter took 10 mintues.  She turned a 10 minute project into a 40 minute project.  She was shocked when she got a bill and saw she got a bill for 40 minutes for the letter.

There is a fine line between helping your lawyer and hurting yourself.  If your lawyer needs that type of "supervision," you should get another lawyer and let your lawyer do his or her job. 

How can you help your dentist?  Brush and floss your teeth.  When you go to him and he is drilling in your mouth, the best advice is sit still and think happy thoughts.  Sometimes, helping is not helping.

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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

Category of what?  I`m not sure what you mean.  Categories, or art units, make no substantive difference in patent law.  Art units only determine what group of examiners will examine the patent application.

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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

generally utility patents protect functional features, design patents protect ornamental features.

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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

Undercut $484.oo from Legal Zoom and you have my business for my next one. Perhaps a company that went by the income of the small business entrepreneur as an option to set fees might definitely make inroads and claim long term loyalty by increasing fees as a persons business grows. You know legal and binding contractual agreements well enough to charge by the level of growth vs. those of us barely able to keep within our budgets and seeking the LegalZooms out there for quick/easy/affordable results. Be creative in your relationships to keep us coming back and for the price you want at the right time. Today, a trademark at a low price. Tomorrow, did we have success and charge for additional according to that increased success. Or something like that. P.S. Can you answer my question of the minimal what constitutes First Use for a trademark?

As a small business owner who is contemplating filing for trademarks I happen to agree with Daniel.

First help small businesses with the Tradmarks and Copyrights and then reap the rewards when the business grows or when you go after the bad guys who knowingly infring on those trademarks.

On the other hand I know the value of an experienced and good attorney (or any professional) who gives personal legal advise and protection. For anyone looking to market to the small business owner I would suggest a middle ground.

Small business owners want to know the vendors and proffessionals they choose are 100% on their side...looking to help the small business grow big. Loyalty will be there! Just ask around.     

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Have a Creepy Crawly Day!

Seth, Bugmaster
www.CoolBugStuff.com

Wow, I can`t believe I came across this thread... Although I have other postings in this forum for unrelated things, I have filed a disclosure document deposit request with the USPTO recently after getting my customer number with the Dept of Commerce for a patent.

My international search came back with about 8 hits but only 2 that was of any threat but not much.  I`m now working with an industrial designer doing the concept design stage, and to save time, also began the market analysis.  Both are expected to be finished this month and everything is looking up.

Next I`m suppose to hire an attorney (quoted $3,000), to prepare the patent package.  Then another $3,000 for the patent filing.  What do you think about those numbers???  I`m already into it by $6,500.

Another patent attorney and an agent both told me that to file a patent is $500.  So am I filing a different type of patent at the rate of $3,000, or am I just over paying?

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Cu Gelert - The Legend ... If you`d like to know the value of money, go and borrow some... It is especially hard to work for money that you`ve already spent, on things that you never needed... Whatever you can do, or dream you can, begin it. Boldness has genius, power, and magic in it!

I`m not sure about the context of the `first use` question.  One first use that is really important in TM law is the date of first sale in interstate commerce.

How many questions do you get to ask a lawyer when you use legal zoom?  Why use legal zoom at all instead of just opening an account with USPTO and register the trademarks yourself?

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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

You can save a lot of money in the short run by NEVER hiring a lawyer.  Why not write the patent applications yourself?

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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