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Join Date: Dec 2001
Location: Cambridge, MA
Posts: 44,430
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Hiring a patent attorney
I need to hire a patent attorney. I'm wondering if this scenario is a plus or a conflict of interest/minus.
A product has been around for 100 years. Millions are sold each year. Recently, someone came up with an improvement, has applied for a patent, and launched their version of the product in December of 2014. I have come up with a different but potentially equally interesting improvement to the same product. Would it be a good idea to use the same attorney or is that a conflict of interest for them?
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05-13-2015, 05:10 PM
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non-whiner
Join Date: Aug 2012
Location: Slightly right of center
Posts: 5,235
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Same attorney. Most of the hard work on searching for previous patents on the product are complete and your filing will go faster (doubt you'll get a break on fee, though).
If there is a conflict, the attorney will tell you.
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"Too much is just enough." |
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05-13-2015, 05:17 PM
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Join Date: Jul 2001
Location: Lawrenceville GA 30045
Posts: 7,380
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a better mousetrap?
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Mark '83 SC Targa - since 5/5/2001 '06 911 S Aerokit - from 5/2/2016 to 11/14/2018 '11 911 S w/PDK - from 7/2/2021 to ??? |
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05-13-2015, 05:25 PM
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Quote:
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05-13-2015, 05:31 PM
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Join Date: Dec 2001
Location: Cambridge, MA
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Thanks Gentlemen, I thought using the same attorney would be good since they'd have a fresh search (agree Mark) and would know how best to craft the patent application.
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05-13-2015, 05:34 PM
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Join Date: Jun 2007
Location: Lake Oswego, OR
Posts: 6,086
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I am not in the legal industry nor have I hired a patent attorney. It seems however, that there is a possible litigation scenario with the prior patent. Having hired the attorney for this earlier patent seems a little weird.
Just my thought. If you want the correct answer, one of my buds is a very talented IP attorney. He would know. I am happy to ask him. PM me. Thanks, Larry |
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05-13-2015, 07:15 PM
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Registered
Join Date: Aug 2002
Location: Boston
Posts: 390
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Sent you an email. Glad to help
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05-14-2015, 12:37 AM
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Registered User
Join Date: Sep 2010
Location: Not Virginia
Posts: 517
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Go on fiverr & search for a patent atty
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1980 911 SC targa 1959 Triumph TR3A - sold Something new is on the truck... |
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05-14-2015, 05:36 PM
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Join Date: Dec 2001
Location: Cambridge, MA
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Point of interest, it turns out that there is a conflict using the same attorney. I think I'm in good hands to get things going.
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05-15-2015, 05:25 AM
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You do not have permissi
Join Date: Aug 2001
Location: midwest
Posts: 39,965
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There is an obtuse and obvious conflict of interest at stake!!!
That attorney should not communicate with you except as an outsider. Else, they should be dis-barred. If a situation of infringement ever occurred, the attorney would have to choose: Your patent vs. another client's patent? Last edited by john70t; 05-15-2015 at 08:28 AM.. |
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05-15-2015, 08:24 AM
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