What do I do if a company gave me a faulty patent report?
I was cheated out of over $10,430 by a company. They gave me a Faulty Patent Report by their attorney. This False Report caused me to sign a 2-Year Contract for over $9,000. At the end of the Contract they assigned me a Patent Attorney who secured my "Utility Patent" for around $3,462! Now I don't even know if my patent is valid?! I found several cases against this company online. Can a patent attorney help me?
Answered By: DANIEL NESBITT
Of course a competent patent attorney can assist you. You'll need to compile all the facts and then seek to obtain an expert opinion from a patent attorney to substantiate your allegations.
Answer Applies to: Ohio
Replied: 1/20/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Ohio
Replied: 1/20/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Yang & Wang, P.C.
You can file a lawsuit against the company who gave you the faulty patent report for damages. You can even look at the other cases and see if you can get other plaintiffs to join in on a class action lawsuit.
Answer Applies to: California
Replied: 12/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Mark S. Hubert PC
Take a look at your report closely. Most of these reports are not worth the paper they are written on and have clauses embedded therein that say something to the effect that "They are not responsible for missed prior art in the searching".
Answer Applies to: Oregon
Replied: 12/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Oregon
Replied: 12/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Kirk Buhler
You should file a complaint with the company and the attorney with the US patent office at www.uspto.gov (http://www.uspto.gov) . You can check the status of your patent or patent application at the same web site. I don't know what a "faulty patent report" is. If an attorney gave you a false document you can report the attorney to the state where the attorney is licensed. You can also locate a local contract attorney that gives a free initial consultation to have then review your information to see if you have a case.
Answer Applies to: California
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ochoa and Associates
More than likely, the report you received had disclaimers on it. Generally they do and cannot guarantee that ALL prior art was found. Without knowing details here, it is my opinion in cases like this, it is difficult to litigate over your "faulty report" unless you can find some type of intentional or malicious act was involved. It is also probably difficult to find a patent attorney to take the case and investigate or litigate...However, you may have other possible causes of action that should be explored and discussed with a patent attorney who does litigation to determine what options you have, and what the timeline is to do something about it. My suggestion is to locate a litigation patent attorney and discuss, face to face, this matter and get an idea of options, costs, and timelines (including if you try to sue, how long will it take).
Answer Applies to: Texas
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Devon & Associates
I cannot determine from your email exactly what the facts are. I am guessing you hired an inventor's assistance company. The company was probably supposed to assist you :(1) in marketing your invention and (2) obtaining a U.S. patent, after performing a patent novelty search. These companies are often ethically dubious and/or substantially overcharge their clients. Such companies are regulated pursuant to various statutes. It is required by law, for example, for the company to disclose their actual success rate to you. A patent attorney would definitely be the person to assist you. I have previously served as an expert witness testifying against such companies. If you like, you could contact me to discuss why you believe the report given to you was faulty.
Answer Applies to: California
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Barton Barton & Plotkin
You need to retain patent litigation counsel if you want to pursue this. Here is your problem. Patents usually cost a lot more than ten thousand to draft and prosecute. As they say, you get what you pay for. You were looking for a bargain basement price and now you feel cheated. What do you mean by a faulty patent report and what is your basis for saying it was wrong? One thing is sure. It will cost you a lot more than ten thousand to clean this up.
Answer Applies to: New York
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Shimokaji & Associates
You might go to the US patent office web site and see if the company is on a list of questionable invention development companies. There might be some information about the company and what actions you might be able to take.
Answer Applies to: California
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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