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Old 09-16-2006, 07:03 PM   #1
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pocket patents

I have this brilliant idea for a pocket diaper that I want to begin making, and was wondering if anyone could help me with any info on how to research patents on pocket diapers to ensure I don't infringe on any. Any past experience with these would be helpful also! TIA!!

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Old 09-16-2006, 07:14 PM   #2
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Re: pocket patents

1. Search here, there are plenty of threads like this already you can read and get some info from.

2. Search google to see if your idea is already being done.

3. Read the patent yourself ( http://www.uspto.gov/ ) and if you're still not sure, have a lawyer advise you.

4. Don't take any "advise" you get from people on the internet. Do it right and get real legal opinions, not someone who's husband is a lawyer, or who was a lawyer, or who's second cousin twice removed says he knows someone who works in the patent office and has connections.
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Old 09-17-2006, 09:02 AM   #3
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Re: pocket patents

any help with how to find patents on pocket diapers on the uspto website? I tried searching, and had no luck. Was I searching with the wrong key words?
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Old 09-17-2006, 09:16 AM   #4
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Re: pocket patents

It's patent # 6,579,273
If that helps

link to it here
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Old 09-17-2006, 09:21 AM   #5
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Re: pocket patents

http://patft.uspto.gov/netacgi/nph-P...&RS=PN/6579273

HTH!
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Old 09-17-2006, 09:22 AM   #6
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Re: pocket patents

Gina - ya beat me to it! HA! Great minds...
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Old 09-17-2006, 09:30 AM   #7
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Re: pocket patents

I talked with a patent attorney not too long ago and I found him to be very helpful. He put it in simple terms I could understand. Some of the wording in the documents can be difficult to read through since there is so much information. Look in your phone book and call around. I'm sure you'll find an attorney who will give you some free of charge info over the phone. Good luck with your idea!!
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Old 09-17-2006, 10:43 AM   #8
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Re: pocket patents

Thanks for all of the help!!
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Old 09-17-2006, 12:08 PM   #9
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Re: pocket patents

My DH is a Patent Agent and he suggests that you got to either a Patent Agent or a Patent Attorney to have them do a search for you, it will cost you a considerable sum depending on what they bill at my DH bills at 300.00 an hour, they know what they are looking for and IF something comes up with regard to infringing on the patent later then you might be able to stand behind the fact that you had a professional do a search for you. Like covering your *** kind of.

My DH said that in the US if you are found to infringe on a patent you are liable for treble damages to 3 times what you have made by selling the product. Which can end up being a lot.

You also can't just being making them and claim "ignorance" doesn't work. Once a patent is filed it is considered public knowledge and it is your responsibility to look to see if you would be infringing. But if you look yourself and figure you are okay then are not in fact it doesn't really matter that you did your own little search.

He did say that if you think you have some new thing that you could patent yourself, some new added feature to a pocket diaper, it might be worth your while to get your own patent on that. Although it wouldn't stop someone from claiming you infringed their patent but it could give you leverage by saying that you have this new feature and you could work out a deal with the other company to have them buy your patent and start making their product with your added feature.

My DH also suggested calling the US Patent office because apparently they have service for small business people to help them do searches, since the US society is very much for the little man, and they could help you and give you info and point you in the right direction.

Anyway hope that helped some. I would contact a Patent Agent or Attorney if you really think that you have something. So many companies now are clamping down on the patents they hold and going after people who infringe on them so it could be risky.

Good luck!
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Old 09-17-2006, 05:20 PM   #10
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Re: pocket patents

Thank you so much for that insight. I am intending on patenting my idea once I have created a prototype and tested it on my son to ensure that it really works. Thank you again!
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