Expert: George H. Morgan, P.E., Patent Agent - 6/17/2008

Question
Hello.

I designed and attempted to patent something about two years ago.  I used
one of those "TV" sites and never heard anything back from them.  However, I
did mail a copy of my documents to myself using certified mail and still have
the sealed envelope.  On with the question.  I recently saw a product that was
very similar to mine(it was minus one function, and maybe slightly larger)  Is
there anything that I can do about this?

Thank you in advance,
Michael Johnson
michael_c_johnson@mac.com

Answer
If you can find a link between that product and the company you can prove you sent the material to, maybe.

Or, if yhou can prove a link between the product and the company, although you have no proof you sent it to them, or they received it,  maybe harder to do something.

Usually, the scammer's racket is to seduce  you into thinking they can help you, and charging ever increasing fees, and not delivering fair value. Usually, no value. It is a 250 million or so dollar a year racket. So, they are quite happy cashing in on the hopes and dreams of inventgors, with no work entailed on their part, except working their scam.  Most of these folks are located in Florida, P:ennsylvania, and California.

My web site, http://www.evansville.net/biz/patagent has an Inventors Resources page that has a link to the Ron Riley Scam Alert site with an extensive listing of fraudulent outfits and often the FTC complaints. Some, are on a "Caution" list. Others have had FTC sanctions against them, such as Davidson and Invention Submission Colrporation.

Other doubtful places include Inventhelp, Inventhome, IP&R, Franklin Forge, and many others. Many are the same company, changing their names as they get caught with their hand in the cookie jar.

Others automatically write inventors who have their patents, and offer to market their inventions. L&S & Kessler spring to mind. They are very persuasive. When you ask for references, they often reply that their clients are confidential. However, one of my clients said that when he checked thge references he was given, the references bad mouthed the folks that gave the references. I guess the scammer didn't expect the potential customer to check. So, check those references.

One last caveat...mailing a copy to onseself is an urban myth...it presumes the judge will think you were smart enough to be the inventor, but too dumb to know how to steam open an envelope.

Best bet is to keep an inventors notebook. That is a volume with bound numbered pages, such as an Accountant's record book. Record your developments and have too disinterested parties read, and then write that they have read the above and will keep it confidential, sign and date. That stands up in court.

You probably need to consider your unfortunate experience as part of your education, and study up for the next invention. The problem for creative people is not having an idea, or getting a patent, it is to pick the idea that will make them money, among the many ideas that come to them. My free web site might help  you on this.

I hope this helps.

Best wishes on your project.

Just trying to help. Best wishes.

George H. Morgan
Professional Engineeer (wsince 1958)
Registered Patent Agent (since 1973)