Blawg IT-Internet Patent, Trademark and Copyright Issues with Attorney Brett Trout

Iowa's First Law Blog - Since 2003

Wednesday, December 12, 2007

Anyone Can Get A Patent


Well, almost anyone.
As Duncan Bucknell, of the IP Think Tank Blog puts it "You can (almost) always get a granted patent - but what's it really worth." If your patent attorney drafts a bad patent application, fails to fight on your behalf, or the prior art and/or patent examiner are stacked against you, you might still end up with a patent. The patent, however, will likely be so narrow, that your competitors can easily get around it without infringing.

The Best Patent Lawyer in the World

To increase your odds of obtaining a broad patent - one that keeps your competitors at bay - investigate your patent attorney. You probably do not need, and likely can not afford, the best patent lawyer in the world, but you can find a skilled patent lawyer with the ability to get you the maximum protection your invention deserves.

Ask around.
Find people who have actually used a particular patent attorney. Most importantly, meet with multiple attorneys, ask them how many patents they have drafted, whether they have worked on similar inventions in the past and ask to see examples of some patents they have drafted. While you might not be able to analyze the breadth of the patents yourself, you should be able to get a good feel for the attorney himself or herself.

The Relationship
If you move forward with a patent, you are likely going to be working with this patent attorney for at least the next two years. Talk to several patent lawyers. Who do you feel most comfortable working with? Who answers your questions most thoroughly? Who has the most experience? Who is the most knowledgeable? Most importantly - Who do you trust?

Brett Trout

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Wednesday, August 15, 2007

Inventor Defies Experts

Rob Law, inventor of the trunki ride-on suitcase for kids, is riding high on success the experts said would never happen. According to the Daily Mail, Mr. Law appeared on the BBC show Dragon's Den, where a successful entrepreneur, a tycoon and a business leader all told Mr. Law that the invention was worthless.

The panel declined a £100,000, but now may have egg on their faces. Since appearing on the show, Mr. Law has sold over 85,000 in trunkis in over twenty countries. The trunkis have a retail price of £25 and with airport waits on the rise sales of the child-sized portable seats show no sign of slowing. Says law about the ordeal "It just goes to show you should never give up."

Brett Trout

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