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11-17-2010, 04:02 AM
#4
Lowengard is offline Lowengard
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Lowengard is an unknown quantity at this point

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What are you hoping to protect and how much do you have to lose?

Is it actually a patentable idea--a unique process, machine, article of manufacture or composition of matter? Are you prepared to go several rounds with the USPTO to make sure they understand why it's patent-worthy?

Will you have the time and energy to fight patent infringements when you discover them?

If you're planning to patent so you can license use, would it make sense to sell your idea to someone who could then worry about the details?

Basically, patents are wonderful to create a market (i.e., that "special patented skin cream") or where there is a well-funded machine working behind the scenes. Unlike copyright they are expensive and time-consuming to obtain.

And, as I understand it, if you don't patent but can establish that yours is the very first item of its type then when someone steals your idea and makes a fortune you are in a good position to sue even without the protection of a patent. And a patent opens your work to a level of public scrutiny that makes it possible to vary a knock off so it's not strictly speaking an infringement.