Legal Question in Intellectual Property in Texas

I have an innovative idea and was wondering if by using a patent kit from the internet is legally binding?


Asked on 1/31/12, 1:16 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

A patent "kit" from the internet MAY result in an issued patent, which gives the patent's owner the right to exclude others from making, using, selling, distributing, or importing the invention in the United States. However, there is a LOT more to patent application development and prosecution than you can get from a kit; for example, your kit cannot possibly tell you how to respond to an examiner's rejection of your patent claims, since each rejection is case-specific. Your patent attorney or patent agent can be worth his/her weight in gold to you � and gold is at an all-time high at this point in time.

Your best bet is to hire a registered patent attorney or patent agent to handle the matter for you; these are folks who have an undergraduate degree in a hard science and have passed a federal bar exam in patent prosecution given by the US Patent and Trademark Office, commonly called the USPTO (an agent is a non-attorney admitted to practice before the USPTO; non-attorneys take the same patent bar as do attorneys). You can find the search field at https://oedci.uspto.gov/OEDCI/ .

I am admitted to practice before the USPTO; feel free to visit my firm's website at www.ipattorneyfirm.com, then call my office at 518-371-4599 for a consultation.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 2/01/12, 9:25 pm


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