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New to site..Patent is granted with exceptions, advice?

5 REPLIES 5
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Message 1 of 6
stringpickin
454 Views, 5 Replies

New to site..Patent is granted with exceptions, advice?

Hello and good day.

 

I have recently been awarded a patent, However before it is completely finalized of course there are some things that need to be corrected in the patent.

 

I am wondering if there is anyone on the site that does any kind of mentoring or help in working out the kinks in problems with claims and or descriptions and generally anything the examiner has pointed out as things that need to be addressed.

 

I don't know if I have an attorney that is just to busy to give a care or if this is typical behavior of attorneys.. I called and asked him what my patent would look like and "be" if we didn't spend the extra 1400 he wants to address some of the claims to get broader coverage. 

 

He said in a nutshell, shoot I don't know, most people just pay the money to get the better coverage. I asked well I am simply trying to find out if I don't spend the extra money what exactly my patent would look like if I let it stand the way it is with the "Minor corrections" needed that you want $400 to address..

 

He literally said, I am not on the clock and if you want me to give you an overview let me know and I will put together a letter to explain it but it will cost you hourly..  Then he said, I have another client on the phone, I gotta go.

 

Is this typical patent attorney attitude..  It just shocks me that I wanted a simple question answered that may have taken him all but 5 minutes if he would have pulled out the paperwork and looked at it..  Upon reviewing my patent and the remarks that the Examiner has made it is unsettling that it feels as though my attorney may not be the best there is.. Although 9K and counting you would hope wouldn't you.. 9k invested and he can't give me five minutes to explain to me what my patent is or is not with the changes he wants to charge me for?   Maybe I am unrealistic and a babe in the woods here, but it doesn't feel professional or right..

 

In any case. before I turn over my patent to this attorney to let him willy nilly get it done as quick as he can as he has seemingly done before I am trying to find out and learn what can be done, should be done, or can be attempted with my patent and dealing with the examiner..

 

Any help or suggestions or information would surely be appreciated..  This is my first patent ever so I am learning..     Thank you very much..

5 REPLIES 5
Message 2 of 6

I don't know about patents, but, attorneys charge for everything.

If they think about your case in the shower, there's an hour charge. If they answer another client's call while they're waiting with you on a case, they'll charge both of you. lol.


Melanie Stone
Facilities Data Management
IWMS / CAFM / CMMS / AutoCAD / Archibus / Tririga / Planon / MRI Manhattan CenterStone / Revit / data normalization, data mapping, reporting and process documentation
mistressofthedorkness.blogspot.com/
Message 4 of 6
dgorsman
in reply to: cbenner

From the other side of the street...

 

When a lawyer gives (legal) advice as a lawyer, they can be legally held to it in a court of law.  So they must take their time to get it right, otherwise there could be consequences.  It certainly won't take "five minutes" to get this right.  If he gets it wrong and the OP ends up in an unexpected situation, the lawyer could be sued or potentially taken before the bar (or whatever the term is for investigation by the overseeing authority) for providing incorrect, misleading, or inappropriate information.

 

Think of it this way: an engineer is asked an opinion of a drawing and saying "Yes, thats to code and won't hurt anybody."  Even if it was off-the-cuff, if something bad happens later on that engineer could find themselves in court, since somebody justifiably thought they had the appropriate approval.

 

Thats not to say there aren't lawyers who milk the system for every groat and tuppence they can.

----------------------------------
If you are going to fly by the seat of your pants, expect friction burns.
"I don't know" is the beginning of knowledge, not the end.


Message 5 of 6

Oh, geeze, who invited 'critical thinking' and 'logic' to this party?

Seriously, that's true. I do really respect the time and opinions of the lawyers that I worked with at our last job (reviewing my contracts when I managed projects, and getting information from me when we were sued on facility-related items).


Melanie Stone
Facilities Data Management
IWMS / CAFM / CMMS / AutoCAD / Archibus / Tririga / Planon / MRI Manhattan CenterStone / Revit / data normalization, data mapping, reporting and process documentation
mistressofthedorkness.blogspot.com/
Message 6 of 6
pendean
in reply to: stringpickin

Good solid true advice from a licensed qualified licensed "expert" costs money because if anything goes wrong you have established legal rights to seek correction or compensation.

So ask yourself: if the patent near and dear to you or is it acceptable to lose it tomorrow morning with no recourse?

If you don't like this one person, seek out another in the same line of work/specialty.Lawyers are everywhere.

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