Q: Iv learned to draft a patent, my patent is beautiful, I may need an attorney to assist in litigation.

I am the inventor of web cam covers of which I have a provisional application. I'm looking for an attorney to assist in possible litigation, an attorney of whom will take a contingency case. This has already been proved I have a rock solid case. Davison or invention land tried stealing my idea and I managed to get them caught red handed. I'm additionally looking for an attorney to take that case on contingency as well. That one being theft of trade secret and violating a Non disclosure agreement as well as false advertisement. I have very rock solid cases. Proof upon proof upon proof

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
  • Patents Lawyer
  • Moorestown, NJ

A: Sorry, but there is very little chance of any attorney taking your case. For several reasons.

Firstly, just because you've filed a provisional application, does not mean that you have a patent. You need to file a regular application, prosecute it, and have the patent issue before you actually get the patent which you can assert against your competitors.

Secondly, it is generally difficult for a pro se individual to obtain a patent which is bullet-proof. If you've taught yourself to draft patents, and obtained a patent yourself without help, it is likely that it is not very good, and will likely not withstand challenges in court.

Thirdly, in patent law, there generally are no contingency cases. This is not like personal injury. You need to actually pay for an attorney. If you yourself do not think that it is worth your money to spend litigating your patent, why would someone else think so?

Fourthly, just how big is the web cam cover market? Does it make sense to litigate this?

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