Legal Question in Intellectual Property in New York

patent law/ intellectual property

so i have an idea, but i dont know if it is patentable. so i should talk to an intellectual property lawyer, right? but how can i trust him? like lets say i tell him my idea but i chose not to work with him, can he ''steal'' it from me?


Asked on 9/29/08, 12:17 am

3 Answers from Attorneys

Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

Re: patent law/ intellectual property

I am a paralegal for Mr. Hudspeth.

Although this has happened in the past, it is not usual for an attorney to steal a client's idea. Because a patent is in the Federal realm, you can retain an attorney anywhere in the U.S. We handle other types of Intellectual Property, but not patents. We can certainly refer you to patent attorneys we have worked with in the Phoenix area in the past.

That is, if you trust us to refer you to one who won't steal your idea.

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Answered on 9/29/08, 8:52 pm
Kristen Browde Browde Law, P.C.

Re: patent law/ intellectual property

IP sttorneys deal with this sort of situation all the time. If word were to get around that they have done something improper with someone's idea, it would be the end of their practice.

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Answered on 9/29/08, 12:20 am
Nancy Delain Delain Law Office, PLLC

Re: patent law/ intellectual property

Adding to Mr. Browde's excellent response to your question, not only would taking a client's idea be the end of the attorney's practice in terms of his or her reputation with the public, but the attorney would be disbarred from the practice of law by the state(s) where s/he is admitted AND disbarred from the practice of patent prosecution by the US Patent & Trademark Office, fined a LOT of money by the court, possibly liable under a civil malpractice action to the client, and possibly imprisoned if the circumstances were sufficiently egregious.

It just really isn't worth it to us to steal a client's idea.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 9/29/08, 8:33 am


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