Searching USPTO and avoiding lawsuits

[tmand]

Hello,

First off I'm thrilled to have found this forum.
I'll cut the babble and sum it up like this.
I live in GA and am a legal US citizen and responsible and all that.
I have a low paying job.
I have not been successful at finding a better job.
My current job does not pay enough for me to live independently.

Living in these conditions has given me a stormy brain and I have come up with quite a few ideas.

My problem is I cannot afford a lawyer or any solid investment for that matter.
I have ideas I would like to look into patenting and business names I would like to use.

I have searched the USPTO as well as this forum but both engines seem unreliable or I keep getting server errors.

What other sources are out there?
How do lawyers do it?
Don't patents go world wide?
How do you search the entire globe?
Seems impossible to know an idea has not been taken for certain.
If I do get caught selling under a name or patenting an invention that has already been claimed, will that be an instant lawsuit?

I feel my paranoia often holds me back from taking needed risks.
I don't have a whole lot of close friends either though.
Any knowledgeable input would be much appreciated.
Thanks for reading.

 

[Michael Wechsler]

To begin, you are talking about "trademarking" a business name, not patent. A "trade mark" is an identifying mark. The uspto.org site can be confusing but it is the place to go for filing a trademark. The search seems to work perfectly for me and you'd have to explain the problems you're having specifically.

Regarding how lawyers do it, that's a LONG conversation and it's almost like saying "what is the process of buying a home and tell it to me in a paragraph." Trademark law is frequently similar internationally as the problems and solutions are the same but this is longer conversation. Suffice it to say that searching the globe requires (a) the assistance of specialized companies (b) money. You also have to wonder whether you need to do so. Perhaps you're better off just conquering your little slice of the pie, e.g. in the US. If you've got a company that will grow so large that you need to consider the international implications, then worry about it when you're close to crossing that bridge. At the end of the day your business will succeed not because you've trademarked your name in 57 countries but because you're doing a great deal of business that is due to the result of demand for your products and/or services. Start off by searching the uspto.org database and take it from there... best of luck to you!

 

[tmand]

Well I used the USPTO search engine and I did a search for Warner Brothers (just an example) and it did not return anything.

I did it again tonight and I now have several pages to view.

Sorry I should have explained myself further on the patent.
I have a small invention idea and after reading I learned that patents span internationally. From my reading I was led under the impression that this means if you patent something through the USPTO and later a foreign or local entrepreneur discovers conflict, this usually leads to an instant lawsuit.

Further, I don't know how a lawsuit would affect me if I don't have any money to sue for! That kind of thing sends you to jail doesn't it? Of course in reality I could get a better paying job but I'm currently trying to switch careers where I feel I would be happier than a quick fix.

I have been told by the Chamber of Commerce that I really need a lawyer to do it right and to avoid conflict. I've always been a DIY kind of guy mostly due to my budget but studying for hundreds of hours in law books is not really an option for me either.

Thank you for clarifying up the trademarks though. I gained more insight on how they work internationally.
I guess I was hoping for some magic answer for a better way to search that would be less time consuming. I'd imagine lawyers might even network together with specialized companies or maybe even other lawyers? Or maybe even develop their own databases and tools? Or maybe it's more competitive?

So I'm under the impression there are no other options such as a US company that can help with searches locally?

I can't say I personally know of any lawyers so it's all such new territory for me.

I liked the idea of sending yourself certified mail to help claim one's intellectual
property I read in another thread on here. These are the kinds of tricks I'm hoping to find on here. I never would have thought of doing that if it wasn't for this forum.

Thanks for your time and input.
If you have any more advice I'm interested to read!

 

[tmand]

Actually let me restate my questions to see if I'm worrying over nothing:

1. If I create the standard application for a utility patent, the USPTO won't grant me the application if there is an existing application in their database that is similar or is damaged from my patent? Then I would be losing $310 dollars instead of the $2,000 I would have needed for a lawyer to check for me.

2. If my application does get accepted, and later there is for whatever reason a claim by another patent holder of infringement, will I be held for thousands dollars worth of damages? or will I just get a cease and desist warning so I can avoid unintentionally breaking the law any further? I have virtually no money for leisure spending.

These are where my fears arise because I haven't been able to find an answer to them. My invention is something simple based off of simple technology that modifies a tool to make it easier to take care of. Not necessarily better at what it's intended function is, but a feature that would attract the targeted consumers more and make it more efficient.

Does that help?

 

[Michael Wechsler]

Patent is a challenging area to handle if you don't have money or expertise. There are "do it yourself" patent books but I can't say that you'll do it the best way and it still costs money to go through the process.

With regard to your questions, to begin, the ability for a lawyer to search and assist you benefits you both in terms of time and the investment you will make going through the whole process to find out that you may not have a patent. There is also a time factor involved - you won't see turnaround within 14 days. Second, if someone challenges your patent, then you're talking about litigation costs as well which have nothing to do with the USPTO. Unfortunately, part of the strategy of corporate patentholders is to make it expensive and challenging for those without a war chest. There is no easy way to go about filing the patent and the best advice is to get a good book - which we can recommend - if you'd like to understand the entire process, the pitfalls and potential costs. I'm completely sympathetic and am glad to help in any way I can.

 

[tmand]

Thanks again lawprofessor,

I'm always up for suggestions when it comes to books.
These are the one's I've recently found:

Patent Searching Made Easy: How to Do Patent Searches On the Internet and in the Library
by Hitchcock, David.; Gima, Patricia; Elias, Stephen.

Protecting Your Company's Intellectual Property: A Practical Guide to Trademarks, Copyrights, Patents & Trade Secrets
by Bouchoux, Deborah E.

Our Patent-system, and What We Owe It
by Richardson, James.

How to License Your Million Dollar Idea: Everything You Need to Know to Turn a Simple Idea Into a Million Dollar Payday

Rembrandts in the Attic: Unlocking the Hidden Value of Patents
by Rivette, Kevin G.; Kline, David

If anyone knows of any that are reputable or criticized I'm open to any information you are willing to give. Experiences, examples, pitfalls, tips, you name it I'm interested to soak up valuable information that is reasonablly easy to process.

I've already spent so much time looking into this I see inventing/engineering as an unforecasted lifelong hobby.

Thanks again for your time.

 

[Michael Wechsler]

Inventing can be an extremely rewarding intellectual and financial experience. Being familiar with patent law is certainly an important component. I'll see if I can dig up something but so far those books seem to provide you with more than enough information with which to become familiar.