Pat, why, how, how much, and strength?

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Remundo
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by Remundo » 25/03/14, 09:07

Yes yes, very interesting debate ...

If you want some simple ideas of intellectual protection, there are 3 pillars :
1) The secret
2) The patent
3) Copyright

you can play according to your mood on these different pillars. None of them are satisfying in isolation, with the 3, you start to get a little better standing up.

However, another very simple idea in IP is not so much the piece of paper, whether it is a patent or a copyright proof that protects you. It's more the dough and the battalion of lawyers that you can offer to attack counterfeiters, or to challenge the hostile patent of a third party; and often the decisions rendered in the matter are shocking for the plaintiff in good faith! Even if you win the case, the opposing company goes "bankrupt" and pays no compensation; your judicial "financial-temporal investment" is wasted

And finally one last idea: Massive publication on the Internet is a formidable weapon, but it must be done AFTER a long phase of ripening / secrecy, then filing through the historical channel that is the INPI / WIPO. The massive publication automatically assumes the rights of authors on the invention.

As for the "contract" signed by Grelinette: I see it as a very summary collaboration protocol: as such, it seems very vague to me as to the interpretation of certain terms, and in any case, in the event of future disagreement between the parties, Grelinette seems in the minority without blocking power ...

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by Grelinette » 25/03/14, 11:12

Remundo wrote:Yes yes, very interesting debate ...

If you want some simple ideas of intellectual protection, there are 3 pillars :
1) The secret
2) The patent
3) Copyright

you can play according to your mood on these different pillars. None of them are satisfying in isolation, with the 3, you start to get a little better standing up.

However, another very simple idea in IP is not so much the piece of paper, whether it is a patent or a copyright proof that protects you. It's more the dough and the battalion of lawyers that you can offer to attack counterfeiters, or to challenge the hostile patent of a third party; and often the decisions rendered in the matter are shocking for the plaintiff in good faith! Even if you win the case, the opposing company goes "bankrupt" and pays no compensation; your judicial "financial-temporal investment" is wasted

And finally one last idea: Massive publication on the Internet is a formidable weapon, but it must be done AFTER a long phase of ripening / secrecy, then filing through the historical channel that is the INPI / WIPO. The massive publication automatically assumes the rights of authors on the invention.

As for the "contract" signed by Grelinette: I see it as a very summary collaboration protocol: as such, it seems very vague to me as to the interpretation of certain terms, and in any case, in the event of future disagreement between the parties, Grelinette seems in the minority without blocking power ...

@+

Hello and thank you for this comment.

Indeed, the substance of the subject is very interesting and it highlights the fundamental financial aspect in the patent process: a patent is a lot of money to earn even more!

An INPI consulting engineer advised me to think carefully about the patent application process as an individual:

"There are 4 levels in the patent filing which require a more or less important financial need and often incompatible with the financial power of an individual":

1 °) Research and Development with prototyping, testing, improvement of some points, etc.

2 °) The constitution of the file with a view to filing: solid prior art search, invention memory well rewritten technically and legally by an engineer specialized in IP (minimum between 5000 and 1000 €), etc ...
Not to mention any prior market research (EM) to check if the patent has a real economic interest. MS can be carried out in several countries to choose wisely countries or the patent will be active: many countries chosen is very expensive, few countries can lose big markets and allow a competitor to implement a production.

3 °) The registered patent is kept secret by the INPI during 18 months (see INPI steps)) before being made public so that the owner can launch an industrial production and develop the distribution network. This production and this network development are still substantial budgets. The idea is to take an economic lead (market share) over competitors.

4 °) and it is a position that can be very heavy financially, that which consists in legally attacking counterfeiters, as indeed Remundo.
It is also the position that makes a patent filing by an individual or a company that does not have strong financial shoulders, a fight almost lost in advance.


This is also a remark made by an IP consulting engineer: the usual strategy of a counterfeiter, especially large companies, is to drown legally and financially the owner of a patent in long and expensive lawsuits.

Jurists will confirm that provoking a postponement of the Greek trial is one of the easiest things to do; they will also confirm that even with a good judgment that gives you reason, to have the judgment executed is another pair of sleeves sometimes as painful and expensive as the trial itself, not to mention the loser's strategy of filing for bankruptcy. and reborn next to another identity! ...

In short, it is not an obstacle course but a terrible and formidable "Koh-Lanta"! What I remember about my business is that I was tempted to play in murky waters infested with sharks and traps, and that it was a shark that lured me there with its siren song making me to spark serene financial futures, while stroking me in the direction of the hair! (Ha, the creatives: what are they naive inveterate!)

I would have been better inspired to continue to share my crafts with enthusiasts ...


As advised me
Philippe Schutt wrote:... we must stop developing with them, and possibly engage them in a wrong track.
It is that I try to make: I launched a false track ... I now wait to see if in turn the shark bites the hook! ...

On the other hand, a friend very familiar with this type of situation gave me some good advice to start building a defense case, just in case. It's quite simple: keep all correspondence (writings, emails, ... even those that do not seem related to the case), send an acknowledgment of receipt to all mails and mails, and especially systematically send an account email -read after each meeting, interview, or telephone interview with the points discussed.

Finally, to conclude on an anecdotal detail of my case, the patent that was in sight concerned a simple insignificant detail of an element of a coupling system that I tinkered, and that the financier has retained! ... And when I say a detail, it is for me a funny and derisory trifle that I hope to have the pleasure of exposing you quickly. : Mrgreen:
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by Janic » 26/03/14, 09:56

Hello
Finally, to conclude on an anecdotal detail of my case, the patent that was in sight concerned a simple insignificant detail of an element of a coupling system that I tinkered, and that the financier has retained! ... And when I say a detail, it is for me a funny and derisory trifle that I hope to have the pleasure of exposing you quickly.
This is what patentees do, patenting a multitude of essential details and making it difficult to circumvent (but it costs very, very expensive and possible only for large industries).
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The patent...




by Verna » 26/03/14, 13:36

Hello,

Regarding the "protection" by patent, ask Mr. Ferraye what he thinks about it, Julien Courbet had made a program on this subject which was banned from broadcasting for ten years, I devote a page to it at this address : http://www.climaverna.com/compresseur31.htm

Billions of dollars have been stolen with impunity for the perpetrators of this misappropriation despite the filing of patents in good and due form .......

The INPI speaks of patent protection, but it is only a recording, if you are copied, it's up to you !!!!!
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by Remundo » 26/03/14, 14:29

Thank you Mr Verna to intervene on this thorny subject.

Indeed, the independent inventor has every interest in using and abusing copyright to protect his invention, which is a work of the mind.

Filing a patent is also interesting technologically
1) To spread the invention in the historic channels of technical innovation
2) To see what was deposited before in the technical field of the invention.

We could dissert to infinity on this subject ...

But I quite like your pro-copyright text here:
http://www.climaverna.com/compresseur29.htm#a

Econologists will also discover Mr Verna's good ideas here: http://www.climaverna.com/compresseur29.htm#a

aiming to valorise the energy usually dissipated in the shock absorbers of the vehicles.


Sincerely,
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