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An evaluation gone wrong!
Posted by Anonymous . updated on 3/11/2011
I paid money to a reputable company to evaluate and handle bringing to market a unique concept/idea I had develop in detail with sketches of the product to be used at their disposal. They did a patent search and found my sketches were similar to others already patented. The company told me they could not continue with the evaluation of my product because of this patent issue.
I asked them if a patent can be licensed and they replied by telling me that “they see that attempting to license my concept would be a large challenge because others have patented much of that technology that I seek to use. The concept I submitted is not a licensing opportunity in their view. The similar/relevant patents that they discovered may or may not be licensable but they weren't submitted; they haven't analyzed their potential, and their owners aren't their clients.”
I thought their reply to my questioning was a cop-out. They abruptly ended their evaluation of my product and said, “I was no longer their client.” I was surprised by this sudden turn-of-event because I thought they would have made suggestions on how to change or modify my product, and/or possibly contact the owners of these patents – even if they don’t believe in my product. Instead, they brutally cut me off and left me feeling short-changed.
My question is: “Do you think that they did the right thing by not contacting the owners of these patents, and failing to make suggestions on improving my product?” I really believe in my product and know there is a market out there for it.
Answers (1)
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Smithso...
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I think contacting the patent owners in this case will not help. Improving or changing a product may also not help. The patent owners might apply for continuation application and invalid your patent. I suggest that you contact a patent attorney who has experience with patent litigation. The attorney can better help you by looking at your product and patent claims.
I also suggest to read some books related to patents before contacting the attorney.
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