Oh, and I forgot to mention, with a Provisional Patent Application submission, you can put "Patent Pending" on your product. ----- Original Message ----- From: "John Pearson" To: "Microcontroller discussion list - Public." Sent: Saturday, October 30, 2004 9:42 PM Subject: Re: [OT] copyrights and private labeling > Do yourself a favor and submit a provisional patent application. $80.00 and > you are good for one year. Just make sure you do your best to try to > establish a market in that one year to see if it is worth patenting. > > > ----- Original Message ----- > From: "Robert Rolf" > To: "Microcontroller discussion list - Public." > Sent: Saturday, October 30, 2004 9:40 PM > Subject: Re: [OT] copyrights and private labeling > > > > Andrew Warren wrote: > > > David Koski wrote: > > >>I have developed a product (a few components on a printed circuit > > >>board that I designed) and found someone that wants to market them > > >>"private label". There is a possible patentable feature that I have > > >>properly documented in my notebook. .... he doesn't want "Copyright > > >>2004 David Koski" visible. My understanding is there has been a change > > >>in copyright law (in the US) where the notice is no longer needed. Is > > >>this true or otherwise not advisable? > > > > > > It's been true for over 25 years. See: > > > > > > http://www.copyright.gov/circs/circ1.html#hsc > > > > > > However... As Herbert already pointed out, copyright probably isn't > > > what you're after (and you might not want a patent, either, for > > > various cost/benefit reasons, but that's a different topic). > > > > > > If you want to patent your invention, you should talk to a patent > > > attorney soon; now that you've disclosed your invention by offering > > > it for sale/license, you may find that you have only a limited time > > > in which to file. > > > > The official patent treaty limit is 1 year from date of > > "first public disclosure". This means from the time the first > > unit left your hands for someone ELSE to use. > > Patents are now issued based on 'first to file' so having > > a notebook that proves you thought of it first is NO LONGER > > OF ANY VALUE. It only establishes when you worked on the > > idea, so you can establish some intellectual property claims. > > > > Patents are only worth having if you have the deep pockets > > to defend them. And they are NOT cheap. Minimum $5000 USD where > > YOU do most of the preliminary searches for 'prior art' and > > write most of the patent claims. You are far better off > > putting the money into saturating the market for your device > > as quickly as possible. > > > > Industrial design patents can be used to protect a particular > > 'embodiment' of an otherwise unpatentable idea. For example, > > the particular shape of a handle on a knife may be valuable, > > but not patentable in the usual sense. > > > > Patents only protect the particular 'embodiment' and not > > the idea itself so are of rather limited value in the software > > field since there are many ways to skin a cat. If your design > > is obvious for someone in the field, you will have trouble > > proving that it is patentable. US patent examiners seem to > > have a policy of ALWAYS sending a patent back with claims > > of 'prior art', even if only vaguely related. > > > > A patent is ONLY supposed to be issued for all three of: > > 1) Novel (new, not seen before) or significant improvement. > > No 'prior art'. > > 2) Non obvious (to someone skilled in the particular 'art'). > > 3) Useful. > > > > US patent examiners seem to have forgotten these important > > principles in some of their software patent issues. All it would > > take is someone with deep pockets to overturn many of them > > since most are based on 'prior art'. > > > > Your best defense is to have a 'no compete' clause in > > your contract which prohibits your customer from selling > > any variation of your product design in future. Otherwise > > he can jettison you, and make his own 'improved' design, > > thereby getting around any patent claims you may have. > > > > Robert > > > > I am not a lawyer, but have been around this track several > > times now. YMMV. > > > > > > > > _______________________________________________ > > http://www.piclist.com PIC/SX FAQ & list archive > > View/change your membership options at > > http://mailman.mit.edu/mailman/listinfo/piclist > > _______________________________________________ > http://www.piclist.com PIC/SX FAQ & list archive > View/change your membership options at > http://mailman.mit.edu/mailman/listinfo/piclist _______________________________________________ http://www.piclist.com PIC/SX FAQ & list archive View/change your membership options at http://mailman.mit.edu/mailman/listinfo/piclist