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Patent or not

Ing

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I have some problem fixed for me. Now I want to try to moneti the solutions.

I have looked for that solution and don’t find anything about in the www.
now in Germany you can either apply for a patent or for a Gebrauchsmuster. The Gebrauchsmuster is the small patent. Its only in Germany and wheather its new is not controlled. But you cant get a Gebrauchsmuster for a method doing sth, only for an invented item.

Without lawyer, a Gebrauchsmuster is maybe 40-250€, a patent is 500.
With lawyer can cost another 300-6000.
When I just make the item/machine and earn some money before copiers came up is the 3rd possibility.

well, I don’t know, what to do. Ind the thing I don’t know at all, can I really make more money with that than the patent costs.

Can those of you, which have experience with that topic, give me some advice, what I should do?
I will phone to a lawyer Friday or Monday . What should I not forget to ask her?
 
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Tossek

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Let us assume, you have a patent for the Process or the Maschine. Do you have enough money to let it be enforced in a trial? Do not underestimate the costs of legal persecution.

Can you proof remotely that they used your patent? If not, it is difficult to reason with such a legal document.

If you really think it is worth it, you can ask your lawyer for the EU patent. But it will cost much more.

Otherwise I am not allowed to give legal recommendation, just some input on what you should consider and ask yourself beforehand speaking with the professional.
 

Ing

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Let us assume, you have a patent for the Process or the Maschine. Do you have enough money to let it be enforced in a trial? Do not underestimate the costs of legal persecution.

Can you proof remotely that they used your patent? If not, it is difficult to reason with such a legal document.

If you really think it is worth it, you can ask your lawyer for the EU patent. But it will cost much more.

Otherwise I am not allowed to give legal recommendation, just some input on what you should consider and ask yourself beforehand speaking with the professional.
i m not sure about anything

what you say, it maybe not to be overwelming advantage to have a idea protected.
Just build it and try to sell
 
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Roli

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Build it. Sell it. Protect it.

People only copy what is successful.

A patent lawyer will always try to persuade you to get a patent.
 

Ing

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Build it. Sell it. Protect it.

People only copy what is successful.

A patent lawyer will always try to persuade you to get a patent.
The order/sequence is likable. But you cant protect something with a patent once you made it public.
 

Roli

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The order/sequence is likable. But you cant protect something with a patent once you made it public.

Really? This is news to me... I guess get a Gebrauchsmuster then. Try and study as much of the law surrounding this as possible in order to save fees.
 
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Kid

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Really? This is news to me... I guess get a Gebrauchsmuster then. Try and study as much of the law surrounding this as possible in order to save fees.
The order/sequence is likable. But you cant protect something with a patent once you made it public.

There is a difference between US patent law and laws in rest of the world.

Basically if you disclose (in sales page, in article about it in news) to public without registering patent you lose rights in most parts of the world.

In states you get whats called "patent public disclosure bar" that means you have to fill a non-provisional patent within one year period otherwise you lose rights.

[edit]:
read briefly about this Gebrauchsmuster in wikipedia.

I'm not sure what scope of protection it gets you outside of Germany or within it and if its convertible into non-provisional patent.

But i recalled that you need not to be US citizen to get provisional patent from us patent office and it can be done online.
 

Ing

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There is a difference between US patent law and laws in rest of the world.

Basically if you disclose (in sales page, in article about it in news) to public without registering patent you lose rights in most parts of the world.

In states you get whats called "patent public disclosure bar" that means you have to fill a non-provisional patent within one year period otherwise you lose rights.

[edit]:
read briefly about this Gebrauchsmuster in wikipedia.

I'm not sure what scope of protection it gets you outside of Germany or within it and if its convertible into non-provisional patent.

But i recalled that you need not to be US citizen to get provisional patent from us patent office and it can be done online.


Thanks
Gebrauchsmuster is only for Germany. When you have one, you can make a Patent within one year.
With Gebrauchsmuster you only can protect a thing, but not a process. With Patent you can protect a process, too.
 

jlwilliams

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If you want to build and sell the product yourself you can go either way. If you want to license or assign the right to build it to a company in exchange for royalties, you need a patent. That bears repeating. If you want to sell product you can just build and sell product. If you want to sell the idea, you need a patent. The patent is what turns an idea into a saleable intellectual property.
 
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