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We are On the Move
May of 2004, after the patent was issued I
entered into a contract with the Invention Submission Corporation (who I might
add are currently no longer in business.) The contract was good for a period of
one year and I gave them the exclusive right to license the patent to formula
companies which they failed to do. In that year, all they did was pretend to
market the Ready Made Bottle under the name "Clean And Easy Baby Bottles." As a result,
in 2005 the Invention Submission Corporation was forced
out of business and my contract with them was ended.
July of 2005,
I liquidated my
businesses and set out to find Venture Capitol money to begin manufacturing the
product
under the name Ready Made Disposable Baby Bottles. I had read in a inventors'
magazine that it is a good idea to issue as many patents on your product as
possible. I went to a local patent attorney to have my Utility Patent
reviewed and applied for another Utility Patent specifying that this new bottle
would be used for new born animals.
The Patent Attorney told me that patents are like
a picket fence, the first one you issue is the fence that surrounds your idea
and all others you issue fill in the gaps. The purpose of issuing multiple
patents for the same product is to establish the original idea as being yours.
He told me that if I ever had to go to court to prove the ownership of the
product in an infringement case the extra patent would greatly support the proof
of original ownership.
Infringement
In the United States
patent infringement is a very serious matter. The courts in the past 5 years
have been siding with the original patent owner. This is a good thing because I
own the only patent ever issued in the United States for a baby bottle of this
type. Now having an United States Utility Patent and 3 on the way (Patents Pending) I feel very secure
that my idea will have little chance of infringement.
Infringement is very unlikely
The cost of setting up a factory to
produce a Ready Made Bottle is about ten million dollars. The rules of
infringement state, the patent owner is
entitled to all the inventory, machinery, supplies, realestate and profits that
are owned or generated by the infringer.
Secondly, all
baby products are regulated by the FDA which means you have to use a separate
company that is FDA certified to fill the bottle or be a certified FDA food
manufacturer. Any FDA certified company would require proof of product ownership
or a licensing agreement with the patent owner to produce the bottle.
Thirdly, no venture capitalist, bank or lender would lend anyone
that amount of money without proof of patent ownership or licensing agreement. These factors are convincing enough for the average
company with the capacity and insight to produce the Ready Made Bottle to stay
away from the infringement.
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