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Old 12-28-2013, 04:31 PM
Location: New York
6 posts, read 5,238 times
Reputation: 10


hej folks how are you all doing, ok i have a little question about patents and i have been looking on the internet, looking up things that interest me and my brother since we came up with an invention and we are thinking to get it patented and then look for producing solutions perhaps even get an investor involved, and i am interested in cost and effectiveness of patents since i also heard stories that you can never really fully protect your idea from copying and that in the end it will be copied with a tweak or two more and it will look like a completely different product and will not be subject of patent infringement.
now for the patent infringement part i read some article about it Infringement of a Patent Munich Innovation Group GmbH and from what i understand is that patent infringement is hard to prove and that the claims a patent application consisted of need to be proven and if the claims that describe the patent do not match the description of the other, patent infringement can't be proven, so does that mean that if someone was to see our invention and made the smallest modification on it it would not be a case of patent infringement? if you could enlighten me a bit i would be very grateful
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Old 12-29-2013, 09:57 PM
Location: Paranoid State
13,046 posts, read 11,477,250 times
Reputation: 15754
"does anyone know something about patents??"

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Old 12-29-2013, 10:24 PM
48,508 posts, read 87,710,893 times
Reputation: 18137
First thing is to do a patent search to make sure its not already patented.Most likely you find similar patents and then its just proving its different enough to patent. Patents are basically there to provide prove if infringed on in civil damages if used without consent;nothing else.Lots of information if you do a search on patents.
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Old 12-30-2013, 05:50 AM
28,900 posts, read 48,708,801 times
Reputation: 46235
Having filed a couple of tech patents, I would advise you to employ the services of a good patent attorney.
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Old 01-04-2014, 10:29 AM
Location: Sandy Springs, GA
2,127 posts, read 2,369,673 times
Reputation: 2474
For the most part, a patent is only as good as the means and resources that you have to defend it. Even then, as you observe.... it is possible to tweak differences.

I am not a lawyer and I am not giving you legal advice. If your idea is a good one and you're going into business, then by all means get a patent.... but keep in mind that a patent will mostly dissuade small fries who are afraid you would notice them or companies who do not want to deal with legal hassles.

Entities with enough resources to think they can fend you off won't have much of a problem using your idea. You can try to go the route of NDAs and restrictive contracts (if your business model allows for them), but at the end of the day you should not expect a patent to exempt your business from having to compete with other businesses.
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